Construction Injuries and Accidents
This construction accident legal section discusses the personal injury and wrongful death cases resulting from accidents in the construction industry, as well as the safety laws, regulations and standards governing the construction industry. The Occupational Safety and Health Administration (OSHA) is the governing regulatory body for construction site safety.
Construction accidents can range from minor to catastrophic, and frequently result in death. The types of injuries one can sustain from these accidents include: amputations; blindness; deafness; broken bones, back; burns; coma; concussion; paralysis; severed spinal cord; Traumatic Brain Injury; and much more. These accidents can result from the negligence of others, faulty construction equipment; defective products; defective machines; inadequate safety or equipment training, as well as negligent or reckless co-workers.
Construction accidents are handled differently depending on who was injured. If the injured party was an employee injured in an accident at work, state workers compensation rules usually apply. This means the worker must recover compensation for his injuries through the workers compensation system. State laws establish the type of compensation available through the workers compensation system, but in every state the system is a strict liability system, which means the injured worker does not have to prove that the employer was at fault. In the event that a bystander or visitor was injured at a construction site, however, typically personal injury laws would govern. This means that the ability to recover for this type of accident will depend on whether the plaintiff can prove that the injury was the result of someone else’s negligence.
Some construction workers are limited by law to receiving only workers’ compensation for their construction injuries. However, in many cases, workers can also recover damages from partially or completely responsible parties. If defective tools or equipment cause an injury, the injured worker may be able to file a personal injury claim against the manufacturer. They also may be able to recover damages from the owner of the site and the general contractor. The responsible party may be held liable for damages, including medical bills, loss of wages, and pain and suffering.
The Law Offices of Louis J. Vigorita has handled many kinds of construction accident cases and we know that any number of factors can cause serious injuries on a construction site. Some of the more common causes include of construction injuries in California:
Construction workers suffering FALL accidents typically involve:
- The majority of falls are from roofs, whether simply falling off or some other unprotected opening.
- Falls from scaffolds are often constructed poorly. Scaffold falls often happen by mixing unmatched parts from different scaffolds, which can be an OSHA violation.
- Falls at ground level caused by tripping hazards such as construction debris or materials. These accidents can sometimes be fatal when they involve objects like exposed rebar or other harzards.
- Falls from scaffolds due to a lack of guardrails or guardrails with openings at the ends.
- Falls from portable ladders that are broken or not set up properly.
Construction workers suffering FALLING OBJECT injuries typically face the constant risk of being struck by falling objects on the job site which have been improperly stored or secured.
Construction workers suffering accidents related to EXCAVATION and TRENCHING typically involve cave-ins when workers are buried under tons of collapsing earth. Other dangers present during job site excavations or trenching include:
- Inhalation of toxic fumes;
- Explosions or electrocution when underground utility lines are struck.
Construction workers suffering ELECTROCUTION accidents typically involve an exposure to dangerous electric wires, mainly overhead. Electricity on the job site is a constant danger to construction workers. Being asked to work with live electrical lines or failing to lock out circuits often leads to serious injury or even death.
The majority of electric shock accidents that occur on construction sites are because of contact in some form or another with overhead power lines. Another problem that workers face is that they regularly have to deal with faulty or live wiring that has been buried underground. An excavator driver who accidentally digs through a high voltage power cable is going to be at risk for major injury or death.
Electrical injuries can severely limit your ability to lead a normal life. Injuries may require extensive rehabilitation and medical treatment which creates extreme financial hardship for your family. You may be unable to return to work and pay your bills. You and your family deserve to be taken care of after an electrical accident.
Talk to Lou Vigorita who can help you and your family regain the same life you had before your electrical injury. This California construction attorney will work to make you whole again.
Contact Lou Vigorita if you have any additional questions related to construction accidents on the job.