Regardless of your profession, there is always a risk of being injured on the job. However, some industries, like construction, are more dangerous than others. Federal regulatory bodies set strict guidelines for construction sites, yet thousands of workers and visitors to construction sites are still hurt every year due to negligence by management or third parties at the site. The attorneys at Williams Iagmin understand how difficult it can be for the victims and their loved ones following a construction site accident and are here to ensure you get the compensation you deserve.
According to the Occupational Health and Safety Administration (OSHA), 5,190 workers were killed on the job in 2016. Of those, 21.1% were had fatal job accidents in construction. The most common types of construction site accidents include:
These four main categories of construction site accidents accounted for 63.7% of all construction worker deaths that year. Other commonly cited OSHA violations that lead to construction site injuries or deaths include a lack of fall protection, faulty scaffolding and ladders, failure to communicate hazards, machinery and machine guarding, and respiratory protection.
At any point in time on a construction site, there can be a number of landowners, engineers, designers, architects, general contractors, sub-contractors, construction site managers, equipment companies, material suppliers, machinery technicians, insurance agents, and construction management firms all operating on the site. This makes determining the liability for a construction site accident incredibly complex.
Whenever a person is injured on the job, he or she is entitled to workers’ compensation benefits. Regardless of fault, medical bills and lost wages are covered after an accident to a certain point, and employees are barred from filing a lawsuit for additional damages against their employer. However, under California law, a construction site worker or a visitor to a construction site may still be able to file a lawsuit against a third party for damages following an accident.
Personal injury claims are usually filed against construction sites on the basis of negligence, premises liability, vicarious liability, or as a result of a product defect. To file for additional damages because of negligence, the injured person must prove that the construction site management owed the worker or visitor a duty of care, the duty was breached because of negligence, and that as a result of the breach the worker or visitor suffered damages. Under premises liability, a person must prove that the construction site was aware of hazards or dangerous conditions on the property, the site management failed to warn or fix the hazards, and as a result a person was injured. Vicarious liability is when a construction site is held liable for the negligent actions of another employee. Finally, a personal injury lawsuit can be filed against the designers, manufacturers, or technicians of a product that was defective and used on a construction site.
A construction site accident affects both the victim and his or her family. Not only can the injuries be devastating, but they can permanently affect a person’s ability to work and provide for loved ones. If you have been injured in a construction site accident, call the office of Williams Iagmin, LLP today to schedule a free consultation.