On the job, you have always done everything by the book. You wear safety gear, and you take particular care on ladders and scaffolding. You only operate the equipment you have training for. Despite your best efforts, though, you have suffered a severe injury in a workplace accident. Because the next actions you take could make or break your family’s financial security, your first step should be contacting a construction accident attorney for much-needed guidance.
Construction Industry Accidents
As a construction worker, you are at greater risk for injury accidents or death than workers in any other industry. Some of the most frequent causes of accidental injuries, according to the Occupational Safety and Health Administration, include:
- Falls from high places
- Collapsing trenches or scaffolding
- Electric shock
- Slips and falls on stairways
- Improper use of cranes
- Chemical hazards
Employer Liability for Construction Industry Accidents
The negligence of employers raises the risk for many workplace accidents. For example, the failure of a foreman to inspect scaffolding before use puts employees at greater risk of injuries due to collapse. However, in California, the law restricts you from suing your employer for occupational accidents. Instead, you must seek compensation through your state industrial insurer. Your construction accident attorney is experienced in working with state agencies and meeting specific government requirements to help you get the full benefits you are entitled to.
Third Party Liability
However, the law does not restrict you from seeking damages from a third party. When a third party’s negligence or intent directly causes an injury or wrongful death, your construction accident attorney can represent your best interests in settlement negotiations and in court. The third party could be the owner of the job site or an equipment manufacturer. The following conditions may indicate property owner negligence:
- Dangerous site features such as unstable terrain
- On-site storage of toxic chemicals or waste
- Unsecured electric lines
Manufacture negligence could include:
- Faulty machinery design
- Machinery that does not comply with OSHA safety standards
- Defective tools and equipment
One point to keep in mind is California’s shared liability law. Insurers or the court may assign you partial liability for your accident under certain circumstances. For example, if you failed to follow safety regulations, the adjuster could assign you 30 percent of the liability. As a result, your settlement would cover just 70 percent of your damages.
What Kind of Compensation Is Available?
Common forms of compensation for a construction industry accident include medical coverage, reimbursement for lost wages and disability benefits, if applicable. Depending on your situation, your construction accident attorney may also seek damages for:
- Physical, mental or behavioral therapy
- Pain and suffering
- Loss of future income
- Loss of consortium in wrongful death cases
- Funeral expenses in wrongful death cases
How Can a Construction Accident Lawyer Help?
When you are dealing with the aftermath of an accident, you already have enough on your plate. On-the-job injury claims are tricky to navigate due to various statutes of limitations, governmental regulations and the complexity of proving third-party negligence. With an experienced accident lawyer on your side, you have the best chance of securing the compensation you and your family deserve.
Get Help From the Experts at Rizio Law Firm
Do not gamble with your family’s financial security. Call Rizio Law Firm today at 888-292-888 to arrange a free initial consultation, or simply fill out our contact form. We know what you are up against following an accident in the workplace, and we work hard to help you get back on your feet again.