Construction Accidents: Get the Compensation You Deserve
Did you know that construction sites can be some of the most hazardous places to work? Each year, countless workers face serious risks while building and maintaining structures. A Los Angeles construction accident lawyer helps individuals who have suffered injuries on construction sites.
If you or someone you know has been involved in a construction accident, it’s important to understand your rights and the legal options available to you.
Quick Summary
- Construction accidents happen when someone is hurt or something is damaged while building, fixing, or tearing down things like buildings or roads, causing harm to people or property.
- OSHA checks workplaces for safety issues, like not using enough safety measures near scaffolding, and has rules that construction companies should obey to prevent accidents.
- Construction work is risky due to big machines, tools, electricity, and working up high, which can lead to falls, electrocution, being struck by equipment, getting caught in or between machinery, and fires.
- Injuries from construction accidents can range from cuts and broken bones to more serious ones like amputations, traumatic brain injuries, and spinal cord injuries, which can have long-lasting effects.
- The party most responsible for causing injuries in a construction accident is usually the one liable for paying damages. This can include the construction company, property owner, or product manufacturer, depending on the circumstances.
- In California, you usually have two years to file a construction accident claim. However, for asbestos exposure, the deadline is only one year.
- There are two statutes of repose for construction defect cases. The first sets a four-year deadline from project completion for cases involving injuries from design, planning, construction, or improvements. The second gives a 10-year deadline for hidden defect claims after project completion.
- If you’re hurt working at a construction site in California, workers’ comp can cover medical bills and more. If you get hurt somewhere else, you’ll have to file a personal injury lawsuit. This can help pay for medical bills, property damage, and more.
What is a Construction Accident?
Construction accidents happen when someone gets hurt or something gets damaged while working on building, fixing, or tearing down things like buildings or roads. These accidents can cause harm to people or property.
What is OSHA’s Role in Keeping Construction Sites Safe in California?
Occupational Safety and Health Administration (OSHA) checks workplaces for safety issues that could harm workers, such as:
- Not using enough safety measures near scaffolding
- Not having enough protection for breathing
- Problems with electricity
- Not properly guarding machinery
- Not having enough signs
OSHA has many rules and suggestions that construction companies should obey. If companies don’t follow these rules and the local building codes, it shows they are careless.
- Recognizing hazards like objects falling, flying, swinging, or slipping, and things on the ground.
- Preventing accidents by using protective gear, storing hazardous materials safely, and being careful in work zones.
- Safety measures for equipment, including inspecting and handling tools safely.
- Being aware of building materials to avoid accidents like falling debris, elevator issues, faulty stairs and walls, and floor or roof collapses.
- Preventing accidents with construction vehicles by avoiding hoisting and forklift incidents, inspecting vehicles, moving them properly, and using work zone signs correctly.
What Causes Construction Accidents in California?
Construction work in California is more dangerous than many other jobs. Building things needs big machines, risky tools, electricity, and working up high. If people aren’t careful, these things can be deadly. Even one mistake or not following safety rules can cause a tragedy. Here are the main reasons for construction accidents:
- Falls
- Electrocution
- Struck by Equipment
- Caught in or Between
- Fire
Also, people who visit or walk near construction sites can get hurt by unsafe conditions like objects falling, materials in the wrong place that could make them trip, no signs or warnings about safety hazards like holes or ditches, no safety gear like hard hats for visitors, and other problems. Some more reasons for construction site injuries include:
- OSHA rules not being followed
- Not having the right safety gear or rules
- Workers not being trained well enough
- Not enough protection from falls
- Problems with the construction site
- Being around dangerous substances
- Coworkers or contractors not being careful enough
People walking or driving near construction areas can also get seriously hurt. Whether you were working or just nearby, you might be able to get money for what happened in a construction accident in California.
What Injuries Can I Get From a Construction Accident?
Small injuries like bruises, and muscle pain are common in construction work, but sometimes, more serious injuries happen. These can include:
- Amputation
- Broken Bones
- Cuts and Lacerations
- Impalement
- Eye Injuries
- Muscle and Ligament Injuries
- Traumatic Brain Injury
- Spinal Cord Injury
- Loss of Hearing
Construction accidents in California can cause very serious injuries that can be devastating for workers and their families. These injuries can have long-lasting effects. Some injuries can lead to infections, damaged nerves, paralysis, losing a limb, or being in a coma.
Even though wearing hard hats is required, it might not always prevent injuries from falls, scaffolding accidents, welding tanks, or broken equipment.
Who Can Be Held Liable for My Construction Accident Injuries?
Liability means being legally and financially responsible for an accident. In California, the party most responsible for causing injuries is usually the one who will be liable for paying damages. You might need a construction accident attorney to help prove that another party is liable for your accident.
Construction Company
If you get hurt at work, your company might be responsible for paying for the damages. Before you agree to workers’ compensation, talk to a lawyer about the possibility of suing your employer for not being careful enough.
Property Owner
If a property element is defective or dangerous and causes your accident, the owner might be responsible. For instance, if a building collapses and the owner should have known about a cracked foundation, they could be liable.
Product Manufacturer
Lots of construction accidents happen because of faulty products, like cranes that collapse or materials that have asbestos in them. In these cases, the company that made the product might be legally responsible for paying for the damages.
Construction companies are usually responsible for accidents that hurt workers, drivers, and people walking by. They can be negligent by not following safety rules or not training their workers properly. Companies are also responsible for what their employees do while working. This includes site managers who don’t make sure the construction site is safe.
What is California’s Statute of Limitations for Construction Accident Injury Claims?
In California, the time limit for filing a construction accident claim depends on the reason for the claim. In most cases, you have two years from when you were injured. But if it’s about asbestos exposure, you only have one year.
Sometimes, the time limit can be paused, which means the clock stops for a while. This can happen when:
- The injury was found out about later (discovery rule)
- The person you’re suing is out of state
- The person making the claim is under 18
- Mental disability or legally insane
- In prison
Once the reason for pausing the time limit is over, the time limit starts again. For example, the two-year time limit starts when an injury is found. Cases where the time limit is paused are complicated, so you need a Los Angeles construction accident lawyer to see if you can still sue.
What is California’s Statute of Repose?
In California, two statutes of repose affect construction defect cases against builders and designers. The first one sets a four-year deadline from when a project is finished for cases involving injuries from defects related to the design, planning, construction, or improvements on a property.
This statute can also apply to obvious mistakes made by contractors who don’t inspect the property. If an injury happens in the fourth year after the project is done, the lawsuit must be filed within one year from the injury date. The second statute gives a 10-year deadline for hidden defect claims after a project is finished.
Hidden defects are not immediately obvious in an inspection. You have to take legal action within both periods, the statute of limitations and the statute of repose. So, once you find the defect or injury, the two-, four-, or 10-year limit starts, but it can’t go past the end of the repose period.
What Damages Can I Get From My Construction Accident Injury Claim?
If you got hurt while working on a construction site, you might qualify for workers’ compensation benefits. According to California law, you could get compensation for:
- Medical expenses for your injury, like hospital visits, treatments, tests, medications, and travel costs for medical appointments.
- Temporary disability payments for lost wages when your injury stops you from working.
- Permanent disability payments for lost wages if your injury causes a lasting inability to work.
- Supplemental job displacement benefits to help pay for job retraining or skills improvement if your injury makes your previous job impossible.
- Death benefits for your spouse, children, or dependents if your injury results in death.
If you got hurt at a construction site but you weren’t working there, like if you were just walking by or visiting, you can’t get workers’ compensation. Instead, you’d need to file a regular personal injury lawsuit. This kind of lawsuit can cover both financial losses and other harms, such as:
- Medical expenses
- Property damage
- Pain and suffering
- Lost wages
Trusted Legal Support for Construction Accident Victims in California
If you’ve been injured in a construction accident in California, you don’t have to face the challenges alone. Conlogue Law LLP is here to stand by your side and fight for your rights. Our trusted Los Angeles construction accident lawyer has a proven track record of helping injured workers get the justice and compensation they deserve.
We understand the complex laws surrounding construction accidents and know how to navigate the legal system to your advantage. Don’t let the aftermath of a construction accident overwhelm you. Reach out to Conlogue Law LLP today for a free consultation. Let us show you how our experience and dedication can make a difference in your case.
With our firm on your side, you can focus on your recovery while we handle the legal details. We can also assist you with a Burn Injury, Child Injury, and Laceration Injury. Let Conlogue Law LLP be your trusted partner in seeking justice and financial security after an accident in California.
