Palmdale Accident Lawyer
If you get Construction Accidents or your loving one has suffered injuries due to negligent, reckless, or intentional misconduct or by another individual (or entity) in a construction accident. Then you may have an actionable claim for damages under California law.
Though your case may initially seem “obvious,” accident litigation does not generally process in a simple and straightforward matter. The path to recovery in Construction Accidents litigation may be messing up with new and unexpected complications, challenges, and opportunities. For example, a Construction Accidents case involving a falling injury due to a defective ladder may give rise to a third-party action against the manufacturer. Which is an entirely different type of product defect liability lawsuit than a straightforward injury dispute.
At Prestige Law Personal Injury & Car Accident Lawyers, our attorneys have a consistent track record of handling complex lawsuits that require truly dynamic representation. If you want to get good results about your claim, contact us today. A skilled Los Angeles accident lawyer will provide ample guidance on how to move forward with your claims.
In Addition to Your Workers’ Compensation, You May Also Have a Civil Case Against a Third Party When You Get Injured at a Construction Job
If we are going to talking about California, their employees cover by workers’ compensation laws. Workers’ compensation provides for a “strict liability” form of recovery to employees. Who suffer injuries while on-site or otherwise within the course and scope of their employment. The covering employee does not need to establish that their employer acted negligently in causing them to suffer injuries. Instead, the employee will be able to get worker’s compensation benefits. So long as they can show that they get injury during duty.
Workers’ compensation laws, therefore, lower the bar for employees and make it easier for them to secure at least a small amount of damages in the form of workers’ compensation benefits. Unfortunately, workers’ compensation also leads to a loss of rights. As a California employee covering by workers’ compensation. You prohibit from bringing an injury lawsuit against your employer except in limited, highly specific circumstances (i.e., in cases where the employer willfully engaged in injury-causing conduct, in situations where the employer doesn’t carry workers’ compensation insurance coverage, etc.). However, workers’ compensation injuries at a construction job site are sometimes causing by the negligence of several subcontractors. In addition to the general contractor who is in charge of the overall safety of the construction work.
Employer’s negligence
Thus, even if your employer’s negligence causes your injuries. But other contractors contributed to the employer’s negligence, you may still pursue a civil claim against those contractors. If your employer is not the general contractor. Then you may have a claim against the general contractor for not properly maintaining a safe construction environment.
Attorney Paul Aghabala started his career as a workers’ compensation defense litigator and has handled hundreds of workers’ compensation cases for injured employees. He has extensive knowledge of workers’ compensation laws as well as subrogation claims. He has handled several hybrid workers’ compensation plus civil lawsuits for his clients. Who has been injured on construction job sites? With his knowledge and expertise in these two fields, he has often maximized recovery for his injured clients. So that they would get substantially more money from both cases as opposed to having just the workers’ compensation case or the civil case alone.
Workers Compensation
Workers’ compensation benefits limit coverage of losses that include lost wages, whole person impairment (aka permanent disability), medical expenses, loss of future earning capacity, death benefits, and retraining costs. As a result, injured employees who suffer significant non-economic damages (such as pain and suffering, mental anguish, and more) may have to look for alternative defendants against whom they can bring a third-party lawsuit. This strategy will enable them to secure a full and adequate recovery.
It is important to note that not all workers covering by “workers’ compensation,” which may be helpful in cases where the injured worker has sustained significant overall losses. In California, for example, independent contractors do not fall under the umbrella of workers’ compensation coverage. As such, they are also not prohibited from bringing a lawsuit against their employer for damages. If an independent contractor is working at a construction site and is injured due to a falling object (that was negligently placed on an upper level of the site), then that contractor may legitimately pursue an action against the employer.
Workers’ compensation issues aside, there are numerous types of Construction Accidents, each of which may require a different case strategy. Let us explore some of the most commonly encountered Construction Accident scenarios for clarity.
Consider the following:
Building Code Failures
If you get an injury due to a dangerous condition of a property (e.g., a hazard). Then you may have an actionable claim against the parties responsible for building and maintaining the premises, particularly if the building was not “up to code.”
In the personal injury context, establishing the defendant’s negligence can be quite a challenge. Being able to prove that the defendant was “negligent per se” can be an effective way to establish liability without having to go through the trouble of establishing a standard of care, and subsequently showing that the defendant violated that standard of care. If we discuss California, and elsewhere, the defendant’s violation of statutory law may serve as proof of negligence per se, so long as the law was reasonably intended to prevent the occurrence of such violations. These violations may include various building codes, whether at the municipal, state, or federal level.
Suppose that you are visiting a friend’s apartment building when the stairwell suddenly collapses, leading to severe injuries. After a thorough investigation, you find that the property owner did not know about the fact that the stairwell constructs with poor-quality materials (as they lie to by the construction company). You, therefore, bring a lawsuit against the construction company for damages sustained due to their negligent construction of the stairwell.
Now, in a standard lawsuit, it would require a nuanced and persuasive argument to demonstrate that the construction company failed to satisfy its duty of care in the circumstances. If you can show that the stairwell was not building in accordance with applicable building codes (municipal, state, or federal), however, then you can establish that the construction company violated the law and is negligent per se.
Crane Accidents
Construction cranes are, perhaps unsurprisingly, dangerous pieces of equipment that can expose workers and bystanders to a significant risk of injury if they are using bad by controller or poorly maintained. In fact, their size and effective range make them uniquely dangerous in that they may cause harm to those beyond the immediate construction site itself.
For example, it is not beyond the realm of possibility that an intoxicated crane operator could swing the crane (carrying heavy stone materials) over a nearby parking lot, causing rocks to fall onto and injure bystanders. Under such circumstances, those injured bystanders would have a claim against the crane operator and possibly the operator’s employer.
Cranes, like any other equipment in use at a construction site, must be properly maintained and workers must be adequately trained to operate them (and operate around them). Failure to do so can expose the employer to significant civil liability. Of course, the crane manufacturer may themselves be liable for injuries. If the accident causing by a defect, such as defective manufacture, defective design, or a failure to warn of inherent hazards.
Several factors may contribute to a crane accident, including but not limited to the following:
- Inadequate training
- Negligent operation
- Improper hoisting
- Inadequate maintenance
- Product defects
- Inadequate supervision
- Improper loading of cargo
- Poor visibility at and near a construction site
- And more
Falling Objects and Construction Debris Accidents
Falling debris is a significant (and often actionable) issue at construction sites throughout California and the United States at large. According to a report by the Bureau of Labor Statistics. More than 50,000 individuals (workers, bystanders, and others) are struck by falling debris on an annual basis, thereby suffering injuries.
Factors contributing to falling debris injuries include, but are not necessarily limited to:
- Lack of signage indicating zones of danger
- Less adequate safety equipment (i.e., hard hats)
- Failure to properly secure objects at high elevations
- Defeat to properly train employees to adhere to all safety protocol relevant to the prevention of falling debris injuries
- Poor quality of materials
- And more
For example, suppose that you are walking past a construction site and a slab of cement breaks off the building. You could not reasonably foresee the danger of the falling cement block. As no signage warned passersby about the risk of falling debris or guiding them to avoid specific “zones of danger.” The slab of cement subsequently slams into your right shoulder, causing you to suffer broken bones, nerve damage and experience a slew of other impairments. You would almost certainly have an actionable claim for damages, given the circumstances.
Defective Safety Equipment
If you get an injury by defective safety equipment, then by entitling to bring a third-party claim against the manufacturer of the faulty equipment to secure damages under the doctrine of product liability. There are many different theories through which you can bring an actionable product defect claim for damages, including manufacturing defects, design defects, and failure to warn foreseeable users of the hazards.
Suppose that you suffer injuries in a Construction Accident involving the use of protective goggles during welding. You are working as a welder on a construction site. When a bit of metal suddenly ricochets off your protective goggles, causing them to shatter unexpectedly. These events lead to serious eye injuries.
Claims for Workers
In the wake of the accident, you would almost certainly want to submit a claim for workers’ compensation. But workers’ compensation is unlikely to be sufficient to cover all your losses (such as pain and suffering, among other damages). As such, you may begin to explore the option of using the goggles manufacturer.
After contacting a qualified attorney who conducts a full investigation of the facts. You learn that the goggles were defectively manufactured using inferior materials. The goggles manufacturer did not follow the original design, and instead “went the cheap route” by using a more fragile type of material for the goggles. This type of material shatters more easily, thus exposing welders to a heightened risk of injury (and further, a risk that is unforeseeable, as they do not know of the defect).
Given the circumstances, a defective product claim against the manufacturer is likely to succeed.
It is worth noting that if your employer knows about defective safety equipment, but does not correct the defect at issue (either by repairing the equipment, replacing the equipment, or warning employees about the risks of use). Then you may have an independent claim against the employer for damages. Your claim may depend on whether they were negligent or acting with the intent to cause harm.
Demolition Accidents
Demolition sites (and demolitions occurring at construction worksites) can expose workers and bystanders to a significant risk of harm. If proper safety protocol does not establish and the demolition process is not adequately supervised. When improperly controlled, the force of an explosion is not only dangerous in and of itself but can also lead to a chain of negative consequences.
Risks of demolition include, but
- Risks of demolition include, but the following are not
- Incorrect explosive timing (i.e., premature demolition causing serious bodily injury or even death to those in the vicinity who have not had time to escape the blast radius)
- Falling debris affecting worksite and adjacent properties
- Unstable ground due to demolition, causing slip-and-fall and trip-and-fall injuries
- Exposure to dangerous chemicals
- And more
For example, a poorly operated construction worksite may be planning to conduct on-site demolition but may not be considerate of the safety of others in adjacent properties. The supervisors responsible for the controlled demolition procedures may attempt to save time and money by skipping a safety assessment (which may have led to a discovery that there is a high risk of the explosion sending large debris into adjacent properties).
Further, the supervisors might choose not to warn bystanders and those in adjacent properties as to their intentions to perform a controlled demolition. Without having performed the necessary steps for minimizing the risk of harm. However, they could then be held liable for the resulting injuries.
Electrocution
Electrocution hazards are quite common in the Construction accident context. According to data gathered by the Bureau of Labor Statistics, about 7.3 percent of total deaths in the construction industry (on an annual basis) link to an electrocution accident. Construction sites ubiquitously feature heavy equipment, lighting, and tools that require a power supply. As such, construction workers (and passersby) can expose to a substantial risk of electrocution. If there is faulty equipment or live electrical wiring on-site.
Electrocution can lead to significant, even fatal injuries. Losses associated with electrocution can vary depending on the length of exposure and the voltage, but may include:
- External burn injuries
- Organ failure
- Motor and sensory impairments (due to nerve damage)
- Severe pain and suffering
- Sudden death
- And more
For example, if a construction worker accidentally touches a live wire that has no protective sheath, then they can electrocut. When they lose control of their body (even if only briefly), there could be a “chain reaction” of adverse events. The construction worker could lose their balance and fall off a ledge. Alternatively, they might collapse into the path of a passing forklift.
Elevator and Escalator Accidents
Construction Accidents worksites may feature unpolished implementations of elevators (for carrying materials and workers to higher elevations) and even escalators. These may not be properly inspecting to ensure that they are in good working order, or that they comply with applicable regulations. For example, it is not entirely uncommon for a worksite elevator to lack a guardrail on one or more sides. As workers are familiar with the not finishing nature of elevators and escalators on-site. They might not be fully aware of the risk of harm posed by such equipment.
Excavation Accidents
Large buildings require a solid foundation, and that means extensive excavation and trench-digging. Excavations and trench-digging are among the most dangerous tasks imposed on construction workers. In fact, OSHA estimates that there are over 1,000 construction worker injuries suffered (on an annual basis) in excavation and trench-digging accidents.
Injuries can arise by following points
- Trench collapse and suffocation
- Electrical line exposure
- Pipeline bursting
- Toxic chemical exposure
- And more
Given the inherent danger of excavation and trench-digging, there are several requirements imposed on employers (through OSHA). Unfortunately, many employers fail to implement these requirements or do so haphazardly. For example, an employer may not give workers adequate notice as to the existence (and location) of hidden electrical lines and underground pipelines that could pose a serious injury risk should they be unexpectedly struck by workers during excavation.
Fires and Explosions
Construction Accidents worksites often lack adequate fire suppression equipment. And employees do not train in necessary firefighting techniques to combat a fire when it occurs, whether in conjunction with an explosion or on its own.
When workers and bystanders get an injury due to a fire or explosion (in the Construction Accidents context), it can be a challenge to litigate. Fires and explosions often lead to catastrophic injury or even death, and those who covers by workers’ compensation may struggle to secure sufficient compensation in the wake of an injury, given the severity of their losses.
For example, burn injuries can not only cause motor/sensory impairments and pain and suffering. But can lead to lasting damage to one’s physical aesthetics to the point that their career, social and personal life is substantially and negatively impacted.
By contrast, those who do not cover by workers’ compensation may be able to secure adequate damages through a direct lawsuit against the employer responsible for the fire/explosion. Still, they must be thorough and aggressive in pursuing litigation to ensure that, are not only win the case but also maximize the available compensation.
Forklift and Heavy Machinery Accidents
Forklift accidents are extremely common, with OSHA estimating that there are roughly 95,000 injuries due to such Construction Accident accidents on an annual basis. Forklift accidents may occur due to a variety of factors, including:
- Defective design or manufacture of the forklift
- Poorly-balanced cargo loading (leading to a rollover)
- Excessive cargo loading
- Poor visibility at the worksite
- Walking pathways interfering with forklift pathways
- The forklift operator is unauthorizing and inadequately trained
- Passengers riding the forklift
- And more
If the forklift operator works for another company (different from your own). Then you may be able to bring a lawsuit against their employer for damages. That third-party lawsuit does not prohibit, even if you qualify for workers’ compensation benefits.
Accidents involving other heavy machinery (i.e., motorized pulley systems, drilling equipment, etc.) often feature similar issues. For example, injuries resulting from the misuse of drilling equipment can occur due to a lack of proper training. Heavy machinery is inherently dangerous, and as such, great caution must exercise to ensure that all workers (and bystanders) are protected from the risks of harm.
Inhalation Injuries
Many people underestimate the danger of inhalation injuries at construction sites, as it may not be visually “obvious” that workers and bystanders are exposing to a variety of dangerous chemicals and substances, such as toxic fumes and metallic dust. Exposure typically can have a significant impact on one’s lung condition. If toxic, there may be a range of other impairments, and if carcinogenic, it could lead to the development of a fatal tumor.
As inhalation risks can be difficult to identify (i.e., a construction worker may asking to move a tank suffused with toxic, neutral-scented chemicals), and as symptoms may not appear immediately, many workers are not able to secure medical assistance. They need until a later date, at which point their health has regressed even further.
If the plaintiff misses their statute of limitations deadlines, their right to compensation can relinquish. If they cannot produce evidence that clearly shows that they did not know of their injuries. And that they could not have reasonably discovered their injuries until a later date (thus extending their deadline). We encourage you to speak to a skilled Los Angeles accident lawyer at our firm. So that your claims can litigate in a timely manner.
Ladder and Roofer Accidents
Falling injuries are, by a significant margin, the leading cause of death among construction workers, with roughly 39 percent of worker fatalities. In the construction industry associated with falls (according to the Bureau of Labor Statistics). A range of negligence-related factors can contribute to falling injuries at construction sites, including but not limited to:
- Lack of adequate fall protection (i.e., unsecured pulleys, ropes, and other scaffolding-related issues, lack of guardrails, etc.)
- Negligently-placed ladders
- Failure to establish safe paths for worker movement on-site
- Defeat to train employees to ensure that safety precautions are taken
- Inadequate provisions of safety equipment, such as secured vests and hard hats
- And more
Risks of Injuries
When construction worker requires to conduct their job duties at a high elevation They are exposed to additional risks of injury associated with falling. As such, employers must take all necessary precautions to minimize these risks. Roofers, for example, surround by sufficient (and secure) scaffolding so that they can perform their on-the-job responsibilities on stable ground. Should the scaffolding be unstable, they could lose their balance and suffer a severe or even fatal injury.
Ladders are uniquely dangerous in that many construction sites do not treat them with the proper care and consideration. So that they require. They must not only placing and evaluating for stability but employees must be trained (and supervised) to ensure. That they are using the equipment in a manner that minimizes the inherent risks. Further, ladders must inspect regularly to determine whether they are in reasonably good condition.
In the Construction Accidents worksite context, it is sometimes the case that “shortcuts” are made towards. The end of a project due to poor financial management and the need to avoid running additional expenses. And there are many ways in which costs can reduce. And unfortunately, the inspection of critical safety equipment (such as ladders) is a common strategy.
OSHA Violations
Employers must abide by OSHA safety regulations. In California, construction industry employers are subject to regular inspections concerning their adherence to applicable OSHA regulations. Violations may give rise to significant fines, and in some cases, may expose the employer to liability in a lawsuit by employees who are otherwise covered by workers’ compensation.
Recall that workers’ compensation operates as an exclusive remedy. In other words, an injury construction worker (who is eligible for workers’ compensation benefits) cannot sue and recover damages from their employer, as a general rule. There are exceptions, however, to bring a lawsuit against the employer, a worker must be able to show that the employer engaged in willful misconduct that led to the injuries.
OSHA Violations
OSHA violations are not (in and of themselves) proof of willful misconduct such that a worker may leapfrog the workers’ compensation regime. And bring a lawsuit directly against their employer, but it may be a substantial factor. Courts will evaluate the total circumstances, determine whether. In conjunction with the OSHA violation. The facts point to willful misconduct and allow the worker to sue their employer directly for damages.
For example, suppose that OSHA inspectors tell your employer to put a hold on a construction project until they fix unstable scaffolding at the worksite. Instead, your employer does not fix the scaffolding. And continues to have workers perform their job duties despite the request by OSHA inspectors. If you get an injury as a result of the unstable scaffolding, then, given the circumstances. It is likely that you would be able to show that your employer engaged in willful misconduct. And that you entitle to bring a lawsuit against them directly for damages.
Contact an Experienced Los Angeles Construction Accidents Lawyer at Prestige Law Personal Injury & Car Accident Lawyers for a Free Consultation
Do you have questions about your injury claims? We can help.
At Prestige Law Personal Injury & Car Accident Lawyers, our attorneys have decades of experience advocating on behalf of those who have been injured in construction accidents (employees, bystanders, and building tenants alike). We understand the unique challenges that plaintiffs face. In the Construction Accidents context. And how to execute an effective strategy for recovering full and adequate compensation for the injured client.
Call us at (818) 788-0808 or send us a message online to schedule a meeting with an experienced Los Angeles accident lawyer at our firm. Consultation is free, confidential, and comes with no obligation to continue.
We encourage you to contact Prestige Law Personal Injury & Car Accident Lawyers today to learn more about our services.