If you need help or legal representation from any of our construction accidents lawyers don’t hesitate to call us immediately. At our family-run law firm, we handle all types of California personal injury and workers compensation matters.
Construction workers are among the employees most exposed to injuries of all kinds. Falls, blows, burns, electrocution and crushing are some of the most frequent accidents in this labor sector in Los Angeles.
Construction work is itself of high risk. However, employers are under an obligation to provide the worker with adequate and safe work environments. Additionally, mandatory safety regulations must be implemented in the company.
All workers must also be equipped with adequate protective equipment and training. Following these procedures will reduce to reduce the number of serious and fatal accidents that occur daily.
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The best construction accidents lawyers in Los Angeles, California, near you
Lluis Law is a law firm that consists of accident attorneys Ramiro and David. We are familiar with the federal and state regulations related to these lawsuits, because it is our permanent practice area.
Determining liability in construction accidents can be tricky sometimes. Especially when in addition to the employer there are other responsible parties such as contractors, manufacturers or coworkers.
Sometimes, too, contractors or insurance companies refuse to recognize the rights of the injured worker. The intervention of good construction accidents lawyers is essential to pursue damages or obtain workers compensation.
Only through a thorough investigation of medical reports on the construction area liability be determined. This must be supported by key witness statements, parties related to the incident and the California law.
We can offer you the best legal representation in town. For over 40 years we have been winning difficult cases for hundreds of victims like you.
Worker’s Compensation law in construction accidents
California is a state of no fault for the purposes of filing personal injury claims. This means that regardless of who is responsible for the accident (worker / employer), the company must still provide workers compensation.
The employer is obliged to provide the worker with all the medical attention he needs to treat his injuries and recover. In exchange for this tacit liability, the worker cannot sue the employer for personal injury. Unless the accident is proven to be intentional or willful.
The prerequisite for receiving workers’ compensation benefits in California is that you deal with a workplace injury. On the other hand, the worker must appear on the company’s payroll.
A good construction accident attorney can better explain your rights as a worker and victim. If you have not yet received treatment for your injuries, you can still contact a safe medical provider.
The attorney advises the worker during the claim process and negotiates a satisfactory settlement with the insurance company. If necessary, you can also file a civil claim for damages.
Causes of construction accidents in Los Angeles
According to the Occupational Safety and Health Administration (OSHA), 31% of all workplace accidents with fatalities occur on construction sites. That means that more than 1,000 of America’s 5,000 workplace accidents happen at construction workplace environments.
Some of the the most common workplace accidents and injuries are the following:
Slips and falls
Most construction accidents involving injuries are due to slips and falls from heights. On the construction workplace there are cables, debris, pipes and boards lying on the ground that can cause falls. A simple trip or misstep is enough to fall and injure yourself.
Construction work always involves the use of cranes, scaffolding, ladders, bridges, and other structures. A machine operator error or the failure of safety equipment can cause a dangerous fall.
If you want to read more about these accidents visit our Los Angeles slip and fall lawyers page.
Fall of poorly installed scaffolding
When a poorly installed scaffold falls, the consequences for the worker are serious, because they almost always cause serious injuries. Even other people outside the work as passers-by can be hit by these structures when falling.
To mount scaffolds on a construction workplace, strict safety protocols must be followed. Of course, only qualified personnel should manage it and the use of top quality materials is important.
It is another frequent cause of accidents when working from scaffolding / ladders and other workers working on higher floors. Falling tools, equipment, debris, and other items can cause brain injury and fatal falls from heights.
As a protection measure, work tools and construction materials must be very well secured. Apart from the use of suitable safety implements such as helmets, harnesses and scaffolding with a roof or protective mesh.
Defective equipment / lack of maintenance
All equipment and machinery used on site must receive proper maintenance. The operator must ensure that these work well and handle them with great care, since we speak about really delicate equipment.
Failure to take proper precautions or ignore a failure can put the worker at risk of serious injury or even death.
Explosions with fire / dynamite
Construction environments also deal with various explosives and highly dangerous combustible materials. This includes exposed high-voltage wiring, leaking gas pipes, stored chemicals, and dynamite.
Failure to follow safety protocols or acting negligently can lead to a serious accident for workers.
Collapse of structures
Workers performing excavation or tunnel work are at risk of seeing the site structure collapse. This is particularly dangerous during construction work in extreme climates. Accidents can occur during the demolition of old structures to start the new project.
Electrical wiring accidents
Electric cables can also be the cause of electrocution accidents. High-voltage lines, along with unfinished electrical systems, can cause fires and burn victims. Fires at construction workplaces also involve gas and vapor leaks through unfinished pipes.
Construction workers are at risk of getting trapped in a machine or between two heavy objects. For example, forklift vehicles, collapse of materials (wood, blocks, concrete bags) or being crushed by a roof that gives way.
Heavy machinery accidents
Equipment and machinery such as drills, backhoes, cranes, compactors, are essential while working, but also dangerous. Its management by expert operators and permanent maintenance are keys to avoid accidents.
Exiting construction places are particularly dangerous to the general public and workers. The risks of being run over by vehicles moving nearby is always present. Examples of these include construction machinery, dump trucks, compactors, excavators and others.
Working too much to meet company goals or overtime can become dangerous in construction environments. Muscle fatigue resulting from pushing the body to the limit during the performance of a task can cause a serious injury.
Implementing fair working conditions and an adequate working hours are essential for the worker’s health. The construction company is under an obligation to ensure the health of its employees and not expose them to overexertion.
Inhalation of dust, smoke and toxic gases
It is common to see large amounts of dust, chemicals, and toxic gases on construction sites. If workers inhale any of these irritating or toxic substances, they can get minor or serious infections. Sometimes they can even lead to a fatal respiratory condition.
Aggressive guard dogs are often kept in construction areas, posing a danger to workers and pedestrians.
If you were attacked by an animal in a play, one of our Los Angeles dog bite attorneys can represent you.
In any type of accident you have experienced, our construction accidents lawyers can help you today.
Recommendations to avoid accidents on construction sites
Construction workers must also take certain precautions to avoid accidents. Especially those who work at heights or at higher risk of injury:
- Be familiar with the work in each type of space taking into account the inherent risks.
- Wear appropriate personal protective equipment (PPE) to help prevent injury in the event of falls.
- Cover or place guards around skylights, openings, and other holes in the ceiling.
- Be careful with brittle parts due to deterioration in ceilings (beams, tiles, mantle).
- Wear secure work boots with a protective heel and anti-slip sole.
- Do not work in adverse environmental conditions (rain, snow or strong winds). Even when the employer demands it.
- Keep work surfaces clear of obstacles. Pick up forgotten tools, power cords, and heavy objects that could also injure someone else when falling.
- Make sure you receive adequate training on the specific hazards related to the tasks you perform.
- Always wear gloves, a helmet and safety glasses.
- Wear long pants and long-sleeved shirts to protect the body.
- Depending on the job, knee pads can be used if you need to stay bent.
- Place ladders on stable surfaces; They must be attached to the ceiling to prevent them from falling or rolling.
- Use ladders suitable for the type of job (capacity and size). Stairs must be lowered or raised with your hands free to hold the steps with both hands.
As for employers, they must ensure that workers receive the proper training on each task. In addition, they must adopt a comprehensive safety policy that protects the worker and prevents risks of accidents.
Construction companies are required to display descriptive signs of health and safety regulations in conspicuous places. They must clearly indicate the worker’s rights and responsibilities under the law.
The worker has the right to be informed about dangers at work, through different means and in his own language. This includes training workshops, labels, fact sheets, alarms, use of color coding, and other methods.
Employers must also keep accurate records of work injuries and occupational diseases. If you find that your employer is breaking the law, you should immediately contact construction accidents lawyers.
In the event of an accident or working in unsafe spaces it is very helpful to contact OSHA and local authorities.
Types of injuries caused by construction accidents
The most dangerous injuries caused by accidents on construction sites include:
- Amputation / loss of limbs.
- Traumatic brain injury.
- Fractures and crushing of bones.
- Burns from fire and electrocution.
- Cuts and lacerations.
- Sprains and strains.
- Deep wounds.
- Paralysis and spinal cord injuries.
- Eye / ear injuries, including loss of sight and hearing.
- Joint injuries.
- Damage to the respiratory tract.
- Damage to muscles and ligaments.
Despite construction site regulations through federal and state laws, accidents continue to occur. Sometimes employers for saving money overlook some necessary expenses on safety equipment and materials.
Other times they act negligently by unnecessarily exposing workers to hazards. Although is also true to state that certain accidents occur due to carelessness or inexperience of the workers themselves. In any case, employers should always try to avoid these accidents at all costs.
If you have lost someone or you were seriously injured in a construction accident, call the Lluis Law firm now. Our catastrophic injury attorneys here in Los Angeles can help you find the person responsible and pursue compensation.
Compensation for construction accidents
Recovery for damages that may be available to the injured worker in a construction accident may include:
- Present and future medical bills.
- Compensation for pain and suffering.
- Rehabilitation expenses (therapies, medicines).
- Lost wages.
- Loss of ability to generate future profits.
- Wrongful death (in which case the victim’s next of kin obtain compensation).
The value of California workers’ compensation will depend on the type of injury sustained by the employee.
Identifying the party responsible for the accident
In certain construction accidents it is possible to identify one or more responsible parties, including natural and legal persons. These are some of them:
- Construction contractors.
- Equipment manufacturers / maintenance companies.
- Material suppliers.
- State agencies.
Types of claims and lawsuits for construction accidents
Your construction accident attorney may advise you to file a claim against one or more responsible persons. The most frequent claims and demands in these situations are for:
Workers’ compensation claim
The worker claims compensation from his employer for medical treatment of injuries. Since, as explained above, a worker in California cannot sue his employer for personal injury. In that case it is not necessary to prove the responsibility of any of the parties.
If the employer accepts the claim, the worker receives the requested benefits (coverage for medical expenses and lost wages). This does not limit other legal actions that the worker can take against third parties in order to increase the recoverable damages.
Personal injury lawsuit
It is a civil action for damages in which the worker claims the payment of compensation. In the personal injury claim, the worker must demonstrate the negligence of a third party as responsible for the injuries. The responsible third party may be a supplier, subcontractor, or a coworker.
When the injury is caused by the use of a defective product, the worker can sue from a manufacturer to a distributor. For example, if the accident was caused by a faulty crane, it can trigger multiple parts. The manufacturer of the machine, the workshop where it was repaired or the company in charge of maintenance.
Death by negligence
It is a type of lawsuit that is used to claim compensation for wrongful death. The lawsuit is filed by the surviving family members on behalf of the victim.
To learn more on the topic please check our section on medical malpractice attorneys in Los Angeles.
Demand for survival action
In cases where the worker survives several days or months before his death, this type of claim can be filed. The survival action serves to compensate the losses caused to the victim’s estate before his death.
What can Lluis Law construction accidents lawyers do for you?
The benefits of hiring a skilled personal injury lawyer in construction accidents are many. Our construction accidents lawyers review the circumstances surrounding the accident and then injuries to answer all of your questions and concerns.
If after the initial consultation we decide to represent you, then we will continue with the following steps:
- Calculation of all workers compensation benefits. Including present and future medical expenses and loss of wages and other income.
- If the employer denied, suspended, or cut these compensatory benefits, we appeal to the labor court.
- We investigated every detail of the accident to determine the factors involved and establish the respective responsibilities.
- We consult with experts from the construction industry and other professionals to analyze other possible causes of the accident. Especially when it is suspected that faulty equipment or contractor negligence could have contributed to the injuries.
- We identify and manage the compensation with the insurance companies of each of the potentially responsible parties.
- When the client has not received medical attention, we help them to contact a suitable medical provider. Likewise, we work on estimating the loss of income for life if the injury incapacitates him to continue working.
- We aggressively negotiate fair compensation with insurers. If a satisfactory agreement is not reached, then we take the case to trial. To do this, we prepare the personal injury and other damages claim and file it with the court.
- We accompany victims of injuries in construction accidents in each of the stages of the process until the compensation is paid.
- We only collect our professional attorney fees after we win the case. Otherwise, the customer does not pay anything.
We help immigrant workers without papers
The worker’s immigration status is not an obstacle for us to fully exercise your worker rights in California. All workers, regardless of their immigration status, are entitled to receive legal protection and compensation for their injuries.
Under no circumstances may the foreign worker be retaliated against or unfairly dismissed for filing a compensation claim. If you do, our wrongful termination lawyers in Los Angeles can advise you on how to sue your employer.
Lluis Law’s construction accidents lawyers help you determine liability for your injuries and the most appropriate type of claim or lawsuit for your case.
We know how to win difficult cases because we have done it for over 40 years. Call now and request a free case review.