The many risks to life and limb present on construction sites are readily apparent. In fact, they are among the most hazardous workplaces in California, according to the Occupational Safety and Health Administration (OSHA). The data shows that nearly 1 in 5 workplace deaths (18%) are in the construction industry. A combination of factors contributes to this, including physical, chemical, and environmental.
Who is to blame? The answer is that multiple parties may share liability, with some bearing a larger portion than others. A thorough investigation and comprehensive medical evaluation, ideally under the guidance of skillful legal support, must be in place.
Learn more about our Sacramento Construction Accident Attorney Services.
Four Categories of Common Injuries on Construction Sites
A list known as the “Fatal Four” published by OSHA describes the various high-risk elements of construction sites:
- Falls, slips and trips (the leading cause of death in construction)
- Contact injuries
- Electrocution
- Crushing or “caught between” injuries
In addition to these four most common causes of injury, there are also falling objects, malfunctioning tools or other equipment, explosions and fires, repetitive motion, and heat exhaustion.
Liable Parties in Construction Accidents
Construction sites are a unique type of workplace where multiple entities are present and working on vastly different tasks simultaneously. This results in a busy, if not chaotic, environment even when everyone is adhering to safety protocols and knows what they’re doing.
Some of the various parties who may hold responsibility following a typical accident on a construction site:
- Employers
- Engineers/Architects
- Equipment manufacturers and suppliers
- General contractors and subcontractors
- Property owners
Three Types of Compensation for Victims of a Construction Site Accident
The three fundamental categories of compensation when someone is injured on a construction site include:
- Workers’ Compensation: Typically for medical benefits, lost wages, and, if applicable, permanent disability. California’s workers’ compensation system gives injured employees a chance to recover both physically and financially.
- Personal Injury: Third-party personal injury claims for negligence happen frequently in construction accident cases. The responsible parties get held accountable for all damages and ensure the injured party is fully compensated.
- Wrongful Death: If the accident causes a fatality, certain family members can pursue compensation to cover burial expenses as well as provide financial support to dependents.
Third-Party Claims
You can file a claim against someone other than your employer in a construction site accident. For example, if an electrical contractor leaves exposed live wiring and a construction worker gets electrocuted, the injured worker might be able to seek damages from the electrical company while also receiving workers’ compensation benefits. This allows you to pursue damages for pain and suffering that would not be available through workers’ compensation.
Division of Liability for Third-Party Claims
Multiple parties can share liability in different proportions. In the example above, the electrical subcontractor might be found 75% at fault. However, the general contractor could also be partially responsible for a smaller share, as they did not provide adequate supervision or safety checks at the end of each subcontractor’s shift. This is known as comparative negligence: multiple parties pay according to their level of responsibility.
As you can imagine, claims involving multiple parties can become complex; it is essential to hire an attorney experienced in third-party claims who can ensure that all liable parties are accountable and pay their fair share.
The Importance of a Thorough Investigation in Construction Accident Claims
Our Sacramento construction accident attorneys understand the high rate of worksite accidents in the area. We maintain long-standing, trusted relationships with local investigators who conduct thorough investigations to uncover all relevant facts, not just those that support a quick claim resolution. Their approach includes interviewing witnesses and anyone else involved they can find, collecting surveillance footage and medical reports, and obtaining an official accident report.
Construction Accident Attorneys with Third-Party Claim Experience
The aftermath of a construction site accident can be chaotic, with multiple parties, including insurance representatives, trying to protect their interests. Finding a skilled construction accident attorney is essential.
If you need advice or support regarding a claim or case, contact the construction accident attorneys at Eason & Tambornini.
Call (916) 438-1819 today to schedule a free consultation. If we take your case, you will pay nothing unless and until you win a settlement.