Construction Site Injuries: Who May Be Liable?
Construction sites are active environments where workers may work with heavy machinery, elevated work areas, electrical systems, power tools, moving vehicles, and building materials. Although safety regulations are meant to reduce the risk of workplace hazards, construction accidents can still occur and may result in significant injuries. When someone is injured at a construction site, determining who may be legally responsible can be challenging. Depending on the circumstances, an employer, general contractor, subcontractor, property owner, equipment manufacturer, or another third party may potentially have legal responsibilities related to the incident.
Common Causes of Construction Site Injuries
Construction work involves many different tasks taking place at the same time. A hazard created by one company or worker may potentially affect people employed by another company. Some common causes of construction site injuries may include the following.
- Falls from ladders, scaffolding, roofs, or other elevated surfaces
- Falling tools, materials, or construction debris
- Scaffolding or ladder accidents
- Defective or malfunctioning equipment
- Electrical hazards and electrocution
- Slip and fall incidents
- Exposure to hazardous substances
- Vehicle accidents within construction zones
- Inadequate safety equipment
The cause of an accident is important because it may help determine which person or party had responsibility for the condition that caused the injury.
Understanding Workers’ Compensation
For employees injured while performing their jobs, workers’ compensation is often an important factor to consider. California usually requires employers with employees to provide workers’ compensation coverage. Workers’ compensation is meant to provide benefits such as medical treatment and partial replacement of wages lost while recovering from a work-related injury. Workers’ compensation often works differently from a personal injury lawsuit. An injured employee usually does not have to establish that the employer was negligent to seek workers’ compensation benefits. At the same time, workers’ compensation benefits generally do not include damages for pain and suffering or punitive damages.
Can a General Contractor Be Held Accountable?
Whether a general contractor may be legally responsible for an accident depends on the specific circumstances. Relevant questions may include the following.
- Who had control over the work area
- Who created the dangerous condition
- Who was responsible for the specific safety measures
An accident involving unsafe equipment provided by another contractor may present different liability questions than an accident caused by a worker’s direct employer. As a result, construction accident investigations may involve reviewing contracts, safety policies, photographs, witness statements, inspection records, training documents, and other evidence to understand how an accident occurred.
Subcontractor Liability
Construction projects involve electricians, plumbers, roofers, framers, concrete contractors, equipment operators, and various other subcontractors. A subcontractor may be responsible when its conduct or work creates a hazardous condition that injures someone employed by another company. For example, improperly secured materials, unsafe electrical work, or equipment left in a dangerous location could potentially contribute to an accident.
Property Owner Liability
Property owners may also be considered when evaluating certain construction accidents. However, owning the property where an accident occurred does not automatically make the owner responsible for every construction-related injury. Potential responsibility may depend on factors such as the owner's involvement in the project, control over the property or work being performed, knowledge of a dangerous condition, and the circumstances surrounding the accident.
Equipment that is Defective
Some construction injuries involve equipment or products rather than conditions created directly by another worker. The following may cause significant injuries when they malfunction or become defective.
- Power tools
- Ladders
- Scaffolding components
- Forklifts
- Safety harnesses
- Cranes and other equipment
Depending on the circumstances, a manufacturer, distributor, rental company, maintenance provider, or another business involved with the equipment could potentially become relevant to an investigation. Preserving the equipment after an accident can be important. Repairing, discarding, or altering equipment before it has been examined may affect the ability to determine what happened.
Necessary Steps to Take After an Accident
After an accident, obtaining appropriate medical attention should be a priority. Workers should also report workplace injuries to their employer. When possible, an injured person may also want to preserve information relating to the accident. This may include, but is not limited to, the following.
- Photographs of the location
- Names of witnesses
- Medical records
- Information about the equipment involved
It is also important to note that construction sites can change quickly. Equipment may be moved, materials removed, and hazardous conditions repaired. As a result, evidence available immediately after an accident may not remain available indefinitely.
Seeking Legal Support
Determining responsibility for a construction accident can require examining several areas of law. Workers’ compensation, negligence, premises liability, product liability, and third-party liability may overlap depending on how the accident occurred. As a result, it may be important to speak to a legal professional who can help you understand the entirety of the legal process.
The Legal Team at KAASS LAW
Our qualified personal injury attorneys may help victims understand the legalities of their case and work towards recovery. The legal team at KAASS LAW may review the facts of your case, preserve necessary documents, and support victims throughout the claims process. If you have suffered injuries from a construction site accident, you are not alone. Call KAASS LAW today to learn more.
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Learn common causes of construction accidents, worker injuries, potential liability, and legal options available after a workplace accident.
Wrongful death accidents are more common accidents than you may believe. A dedicated worker's death might sometimes result from an accident, which is tragic. If an employee passes away while working, the workers' compensation system pays death benefits to all qualifying dependents. Particularly if the employee was the family's main source of income, these benefits are frequently a crucial source of money for the surviving relatives.
Loved Ones Seeking a Wrongful Death Claim After Death on the Job
What if an employee dies on the job? In this instance, my surviving family members proceeded to a wrongful death claim. To begin, understand that if you lost your spouse or domestic partner in a working/workplace accident, you may be eligible for workers' compensation death payments. You may be able to collect if you file a wrongful death case based on the precise circumstances of your loved one's death. A worker's compensation attorney may help you understand your rights to benefits and negotiate the best possible settlement. Of course, no amount of money can bring your loved one back, but it can help you keep afloat financially. The last thing anyone needs after a sad loss is to be struggling to pay their obligations.
What Compensation is Available to the Family of a Wrongful Death Victim?
Benefits for dependents and workers/employees who sustain work-related injuries or fatalities are designed under the concept of workers' compensation. Many people are unaware that workers' compensation protects employers from responsibility for job-related injuries or fatalities. That applies even if the employer was negligent or contributed to a hazardous workplace environment. If the workplace fatality was caused by a negligent general contractor, subcontractor, or equipment manufacturer, surviving family members may be able to pursue a wrongful death claim against the guilty party rather than the employer. An example of this would be the deceased employee who was killed as a result of a coworker's irresponsible driving of a vehicle. Get in touch with a Los Angeles work death attorney right away if someone you know has passed away in an automobile accident while driving for work. Family members of the unjustified death victim must show the following to initiate a wrongful death lawsuit:
- Someone else's irresponsibility caused their loved one's passing (such as a negligent equipment manufacturer).
- The family has suffered harm as a result of their loved one's death. This includes lost money or earning ability, and/or intangible losses such as lost partnership, lower quality of life, grief and suffering, etc.
Compensation for intangible losses is one of the features that distinguishes an unjustified death claim from workers' compensation.
Who Can Claim Death Benefits?
Death benefits may be available to surviving family members who, at the time of the accident or injury, were wholly or partially financially reliant on the employee. Some family members automatically qualify as full dependents. This covers children under the age of 18 and children who are unable to work due to mental or physical disabilities. Surviving family members have one year from the date of death to make a claim. They will then qualify for workers' compensation death payments. The surviving spouse is eligible for death benefits up to a second marriage. Workers' compensation must also compensate surviving dependents. Dependents are children under the age of 18 years old. This applies to medical expenditures, temporary incapacity, or permanent disability that the employee owed when he or she died.
Contact a Los Angeles Attorney Today
It is critical not to rush into a settlement. Consult with a knowledgeable workers' compensation attorney to assist and ensure you get fair compensation for your loss. You may reach our office line at 310.943.1171. Take a guide through this link to view our other practices.
All California employers, regardless the number of workers they have, must provide their employees with compensation benefits and pay for compensation insurance. Employers can choose from the State Compensation Insurance Fund (SCIF) or from licensed insurers in the state.
California's Workers Compensation Act
Under California's Workers Compensation Act if an employee has suffered an injury because of his job he can be entitled to benefits. If a person is an eligible employee with a work-related illness or injury, the law requires his employer to pay for medical treatment and partial wage replacement while he is recovering. If an employee wants to get workers’ comp benefits in California it’s under his responsibility to file a claim on time.
California Workers Compensation for Work-Related Injuries
In California most common work related injuries are from car or truck accidents, falls, and moving or lifting objects. Almost all injuries related to the job or caused at workplace are eligible for workers’ compensation benefits. The list of injures include:
- Injuries caused by a one-time accident
- Cumulative injuries, which are caused by doing the same motion over and over
- Illnesses arising out the work tasks or the job environment
Situations Where Employee Would Not Be Compensated for Recovery Under California California's Workers Compensation Act
- The injury was caused during the commission of a felony
- The injury was caused by alcohol intoxication or other substances
- The injury was self-inflicted
- The injury was a reason of a fight started by the injured employee
Process of Filling the Worker’s Compensation Claim in California
Usually the process of filing a workers’ comp claim in California is the following:
- Employee reports about the injury. The report must be in writing and should be signed by the injured employee or a person acting on his behalf.
Labor Code Section 5400 Reporting Employee Injury
According to Labor Code Section 5400 employee must report about the injury to his employer in writing within 30 days of its occurrence to qualify for worker’s compensation benefits. However, according to Labor Code Section 5402 in case the employer obtains information about the injury in some other way (for example from the employee’s supervisor) it is equivalent to written notice. In case the employee failed to report the employer in 30 days he will still be eligible for the recovery unless the delay caused significant negative consequence for the employer.
- Employee files out California State Division of Workers’ Compensation (DWC) form 1 and give it to his employer, who within 1 day provides the claim to workers’ compensation insurance company. The form contains the following information:
- Employees name
- Employees address
- Date and time of the injury
- Address and description of the location where the injury occurred.
- Sustained injury and the body part affected.
The insurance company has 90 days for accepting or denying the claim. In case they don’t’ inform the employee of anything within 90 days then the claim is presumed to be accepted.
California Compensation Claim Denials
The insurance company might deny the claim in case:
- Employee’s injury isn’t work-related
- Employee’s injury is due to another job
- Employee’s doesn’t need medical treatment,
- Employee can return to work
Appealing Workers' Compensation Denial
After learning that the claim is denied the employee is entitled to see a Qualified Medical Evaluator for getting an additional opinion. This is an impartial doctor who is reviewing workers’ compensation claims. In case after the independent evaluation the employee still disagrees with the employer or insurer about a compensation benefits decision, including the claim denial he can file a Declaration of Readiness to Proceed with the Worker’ Compensation Appeals Board (WCAB) within one year of his injury. The employee must serve this form on the insurance company and include a proof of service form. The Appeals Board will hold a hearing and make a decision on his claim.
California’s Uninsured Employer’s Benefit Trust Fund
If a worker is injured and if the employer was not properly insured about the worker’s injury, California’s Uninsured Employer’s Benefit Trust Fund (UEBTF) will step into the place of the insurance company to pay worker’s compensation insurance benefits. The UEBTF will then attempt to recover the money from the illegally uninsured employer.
