Construction Injuries
If you or a loved one has suffered injuries in a construction accident due to negligent, reckless, or intentional misconduct, you may have an actionable claim for damages under California law. At Source Legal Group, their attorneys have a consistent track record of handling complex lawsuits that require dynamic representation. In addition to workers’ compensation, you may also have a civil case against a third party when you get injured at a construction job. Workers’ compensation laws lower the bar for employees and make it easier for them to secure at least a small amount of damages, but also leads to a loss of rights in terms of bringing an injury lawsuit against an employer, except in limited circumstances. But, sometimes the negligence of several subcontractors in addition to the general contractor in charge of the overall safety of the construction work causes the injuries.
Employer’s negligence
If your employer’s negligence or another contractor contributed to your construction accident injuries, you may pursue a civil claim against those contractors. Additionally, if your employer is not the general contractor, you may have a claim against the general contractor for failing to maintain a safe construction environment.
Workers’ Compensation
Workers’ compensation benefits limit coverage of losses and do not cover non-economic damages such as pain and suffering. In cases where significant non-economic damages are sustained, injured employees may have to look for alternative defendants against whom they can bring a third-party lawsuit. Building code failures and crane accidents are common construction accident scenarios and can result in lawsuits against parties responsible for building and maintaining the premises, as well as crane operators and their employers.
Claims for Workers
Claims for workers’ compensation may not cover all losses such as pain and suffering, and other damages. An attorney can investigate the facts and potentially bring a defective product claim against the manufacturer if the equipment was defectively manufactured and caused injury. Employers may also be held liable if they were aware of defective safety equipment and did not correct the defect or warn employees about the risks of use.
Risks of Injuries
Construction workers are at risk of injuries while working at a high elevation due to falling. Employers must take necessary precautions to minimize these risks by providing secure scaffolding and ensuring workers are properly trained and supervised when using equipment such as ladders. Additionally, employers must comply with OSHA safety regulations to avoid fines and potential liability for employee injuries. Workers’ compensation may be the exclusive remedy for employee injuries, but exceptions apply if the employer engaged in willful misconduct that led to the injuries.
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