Construction sites in California are some of the most dangerous places to work. The workplace environment involves heights, which increases the chances of fall-related accidents. There's also exposure to dust, like silica (which scars the lungs), wood and gypsum dust (which cause asthma, nose cancer, and other persistent ENT problems), and large machinery and vibrating tools (the latter which causes Hand-Arm Vibration Syndrome (HAV). As you can see, the dangers and high risk of injury and illness are real and a large cause of concern.
At The Law Office of Shawn Golshani | Shawn Gol Law, P.C., our team in Los Angeles can help. Contact us at (310) 900-0809 to schedule a Free Case Evaluation.
Construction Site Accidents in California
Construction site accidents involve unplanned incidents that occur on a construction site, injuring an employee in the course of their work.
Classified as a category of workplace accidents, construction site accidents are also often covered by workers' compensation insurance.
But be aware that some situations are typically considered as being outside the scope of an employee's work and, therefore, workers' compensation. For example, when an employee is:
- Traveling to and from work
- On a break outside of the workplace
- Attending an offsite event (depending on the circumstances of the event)
- Under the influence of drugs or alcohol at work
The availability of workers' compensation depends entirely on the facts of a case, and there are exceptions to the above exclusions. If you're injured or become ill as a result of a construction site accident or environment, speak to a construction site accident attorney to confirm whether workers' compensation applies because there are other legal options available.
Construction Site Accident Claims and Lawsuits in California
There are several ways you may be able to seek compensation for injuries caused by a construction site accident. Mainly, these ways include workers' compensation (as mentioned above), personal injury lawsuits, and defective product claims.
Workers' Compensation
Most states require employers to take out workers' compensation insurance to cover an employee's lost wages, medical expenses, and disability resulting from a workplace accident.
You only need to show that the injury occurred within the scope of your employment.
Personal Injury Lawsuit
Some circumstances allow you to file a personal injury claim, like in cases where the accident was intentional or where your employer does not have workers' compensation insurance. In personal injury claims, you show fault by showing:
- There was a duty of care.
- The duty of care was breached.
- The breach caused the accident or situation that led to your injury or illness.
- The damages are monetarily quantifiable.
Also, if you are injured in a construction site accident caused by the negligence of a third party, such as a vendor or sub-contractor, you may be able to file a personal injury lawsuit against them.
For example, if a worker is injured as a result of a collision when driving between two work sites, they may be able to file both a workers' compensation claim, as the injury likely occurred in the course of their work. Also, a third-party personal injury claim likely can be filed against the at-fault driver.
Defective Product Claim
If your injury is the result of a defective tool or piece of machinery, you should consider filing a product liability lawsuit against the designer or manufacturer of the product.
Wrongful Death Action
Construction site injuries can be severe and lead to fatalities. In those instances, family members or the decedent's estate may file a wrongful death action. Wrongful death actions may only be available in certain circumstances, like those where a personal injury or defective product claim would have been available to the decedent.
Common Causes of Construction Site Accidents in Los Angeles
Falls
Falling from a height, such as scaffolding or a ladder, is one of the most common causes of construction site accidents. They often occur as a result of poor safety precautions or failure to follow correct procedures.
Electrocution
Electrocution injuries can happen on a construction site as a result of exposed wiring, downed power lines, or electrical currents when working with onsite machinery or tools.
Collapsed Structures
Design faults, unexpected conditions, excessive weights, or errors made during demolition can lead to collapsed structures. Collapsed structures put workers at risk of crush injuries or injuries caused by falling debris. crushing workers or injuring them by falling debris.
Explosions or Fires
The materials commonly used on construction sites increase the risk of explosions and fires. Electrical faults or incidents involving chemical agents such as liquid petroleum gas or combustible liquids are common causes of construction site explosions or fires.
Exposure to Hazardous Chemicals
Construction sites potentially expose workers to toxic materials such as paint, solvents, heavy metals, air pollutants, and asbestos, especially on sites that mix or manufacture these chemicals. Employers must provide workers exposed to these chemicals with adequate personal protection equipment (PPE).
Machinery Accidents
Construction sites almost always involve the use of heavy machinery or specialized equipment such as power tools, cranes, forklifts, and conveyor belts. Machinery accidents can occur due to a defect or improper use, injuring workers.
Common Construction Site Injuries in Los Angeles
Common construction site injuries include:
- Broken bones or fractures, for example, as a result of falls
- Burns from explosions or fires
- Back or spinal cord injuries due to falls or crush injuries
- Eye injuries
- Loss of hearing
- Head or traumatic brain injuries as a result of falls or falling debris
In certain circumstances, construction site accidents can also result in death.
Contact a Construction Site Accident Attorney in Los Angeles Today
If you have suffered an injury caused by an accident at a construction site, getting adequate and just compensation can make a difference. Contact our construction site accident lawyer, along with our team, in Los Angeles today to schedule a Free Case Evaluation.