Construction sites are dangerous places, whether it is a new home build, a large commercial development, or a road work zone. The common accidents that occur regularly result in serious injuries or even fatalities to workers, contractors, and passersby.
Falls are among the most common construction accidents. They can include falls from ladders, scaffolding, rooftops, or even on level ground. These accidents can happen for many reasons, including the negligence of third parties.
Falls can lead to broken bones, head injuries, and spinal cord injuries, causing extensive physical and emotional harm to the victims and their families.
If you suffered injuries in a construction accident, seek legal advice and support to understand your rights and options. Never settle for advice from your employer, as it usually only provides part of the legal picture, and not a part that benefits you.
Contact a San Francisco construction accident attorney near you to discuss your case and identify all your best options for financial recovery.
Falls Are the Leading Cause of Serious and Fatal Construction Injuries
Falls are the most common and also the most dangerous type of construction accident. According to the Occupational Safety and Health Administration (OSHA), falls are the leading cause of serious and fatal injuries in the construction industry.
In fact, falls accounted for over 36 percent of all construction fatalities in recent years.
Several factors contribute to falls on construction sites.
Some of the common causes include:
- Inadequate fall protection: Employers have a legal responsibility to provide adequate fall protection systems, such as guardrails, safety nets, or personal harnesses, to prevent falls from heights. Failure to implement these safety measures can result in serious injuries or even death.
- Lack of proper training: Workers should receive thorough training on how to work safely at heights and use fall protection equipment correctly. Insufficient training can increase the risk of accidents.
- Unsafe property conditions: Uneven surfaces, slippery floors, and debris can all contribute to falls on construction sites.
- Negligence: Careless behavior, such as not using safety equipment or engaging in risky activities, can also lead to falls.
You can hold negligent parties accountable for fall-related accidents, though it is difficult without a construction accident attorney.
Other Common Construction Accidents
While falls are the most common type of construction accident, many other common accidents on construction sites result in life-changing injuries.
These include:
- Struck-by accidents: Falling objects, machinery, or vehicles on construction sites can strike workers. This can result in serious injuries, including traumatic brain injuries, broken bones, and internal injuries.
- Electrocutions: Workers on construction sites often use electrical equipment and wiring. Accidental contact with live wires or faulty electrical systems can lead to electrocution and serious injuries or fatalities.
- Caught-in or between accidents: Workers can get caught in or between heavy machinery, equipment, or structures. This can result in crushing injuries, amputations, or even death.
- Machinery accidents: Construction sites use a variety of heavy machinery and equipment, such as cranes, bulldozers, and forklifts. Accidents involving these machines can cause severe injuries, including limb loss, fractures, and internal organ damage.
- Toxic exposure: Construction sites may have hazardous materials present, such as asbestos, lead, or chemicals. Workers can be exposed to these substances, leading to long-term health issues, such as respiratory problems, cancer, or neurological disorders.
These accidents can have devastating consequences for the victims and their families. Legal representation from a construction accident lawyer can protect your rights and pursue compensation for your injuries.
Third-Party Negligence Causing Falls
In some cases, falls on construction sites can be due to the negligence of a third party. Third-party negligence refers to the legal responsibility of a party other than the employer for the injuries suffered by a worker. Examples of third parties that you can hold responsible for falls on construction sites include:
Subcontractors
If subcontractors fail to provide a safe working environment or implement inadequate safety measures, you can hold them liable for any injuries resulting from a fall.
Property owners
If a fall occurs on a construction site not owned by the employer, you can hold the property owner responsible for not maintaining safe conditions and preventing falls.
Equipment manufacturers
If a fall is due to defective or faulty equipment, you can hold the manufacturer of that equipment liable for any resulting injuries.
Identifying and pursuing third-party negligence claims can significantly increase the chances of obtaining maximum compensation for the injuries suffered in a construction accident.
Third-Party Negligence Causing Other Construction Injuries
Falls are not the only type of construction accident that can involve third-party negligence.
Other construction injuries caused by third-party negligence can include:
- Struck-by accidents: If a falling object, machinery, or vehicle strikes a worker due to the negligence of a third party, such as a subcontractor or equipment operator, the injured party may pursue a third-party negligence claim.
- Electrocutions: If an electrocution occurs due to faulty or defective wiring provided by a third-party contractor, you can hold them responsible for the injuries suffered.
- Caught-in or between accidents: If inadequate safety measures or improper functioning of machinery or equipment catches a worker in or between it, they can hold the responsible third party liable for the resulting injuries.
- Machinery accidents: If a worker suffers an injury due to defective equipment or negligent operation by a third party, they may have grounds for a third-party negligence claim.
Always consult a construction accident lawyer with experience handling third-party negligence claims. They can thoroughly investigate the accident's circumstances and determine if any liable parties should cover your losses.
Benefits of a Third-Party Construction Accident Case
As a construction worker injured in a construction accident, you may be entitled to workers' compensation benefits. However, many people don't realize the limits of these benefits. A third-party construction accident case can provide additional compensation.
One of the key benefits of a third-party construction accident case is the potential for greater compensation beyond workers' comp benefits. While workers' comp provides coverage for medical expenses and partial lost earnings, it may not fully compensate you for the pain, suffering, and long-term impact of your injuries.
By pursuing a third-party claim, you can seek damages for physical and emotional distress, loss of quality of life, and future medical expenses.
Multiple parties may cause a construction accident, such as contractors, subcontractors, equipment manufacturers, or property owners. If any of these parties contributed to your accident and injuries, you can seek compensation from them. This can increase your chances of receiving a fair settlement that reflects the full extent of your damages.
An attorney can negotiate with insurance companies of liable parties for maximum compensation to cover your economic and non-economic losses, which helps you move forward from your serious injuries.
Bringing Negligence Claims for Construction Accidents
After a construction accident due to the negligence of another party, you may pursue compensation from those parties. However, unlike no-fault workers’ comp claims, you must prove negligence to succeed in this process.
Negligence claims are based on the legal principle that individuals or entities have a duty to act reasonably and responsibly. If they breach that duty, they can be held liable for any resulting injuries or damages.
To bring a successful negligence claim for a construction accident, you must establish:
- Duty of care: You need to show that the party responsible for your injuries owed you a duty to act reasonably and responsibly. For example, a property owner has a duty to provide a safe working environment and implement adequate safety measures.
- Breach of duty: You must demonstrate that the responsible party failed to fulfill their duty of care. This can be shown through evidence of negligence, such as a lack of safety measures or improper training.
- Causation: You must establish a causal link between the breach of duty and your injuries. In other words, you must show that the responsible party's negligence directly led to your accident and resulting injuries.
- Damages: You must prove that you suffered actual damages due to the accident. This can include medical expenses, lost income, pain and suffering, and any other losses you have incurred.
Bringing a negligence claim for a construction accident can be complicated and requires a thorough understanding of personal injury law. Hiring a construction accident lawyer can greatly increase your chances of success and ensure you obtain the compensation you deserve.
Bringing Wrongful Death Claims for Construction Accidents
Tragically, some construction accidents result in fatalities. If you lost a loved one due to a construction accident, certain surviving family members may bring a wrongful death claim.
To bring a successful wrongful death claim for a construction accident, you must prove negligence and liability, similar to personal injury claims. You must also prove a family relationship with the deceased worker that qualifies you to pursue compensation under your state’s wrongful death laws.
An experienced construction accident lawyer can provide compassionate guidance and legal representation to lead you through the emotionally challenging and complex legal process and pursue justice for your loved one.
How a Construction Accident Lawyer Benefits Your Case
Never wait to seek legal representation from a construction accident lawyer. Here are some ways that a lawyer can benefit your case:
Investigates Negligence
A construction accident lawyer will thoroughly investigate the circumstances surrounding your accident to determine who may be responsible for your injuries. They will gather evidence, interview witnesses, and consult experts to build a strong case on your behalf.
Calculates Your Losses
A construction accident lawyer will assess the full extent of your losses, including medical expenses, lost income, pain and suffering, and any other damages you suffered from the accident. They will ensure you receive fair compensation for all your losses.
Pursues Insurance Claims
A construction accident lawyer will handle all communication and negotiations with insurance companies on your behalf. They will diligently pursue a fair settlement covering your medical expenses, lost earnings, and other damages. If necessary, they can take your case to court.
Initiates Litigation
If your attorney cannot come to a fair settlement agreement through insurance negotiations, they should not hesitate to take your case to court. They have the legal knowledge and experience to handle the litigation process effectively and advocate for your rights before a judge and jury. Make sure you hire a lawyer with litigation experience.
Maximizes Your Compensation
A construction accident lawyer's main goal is to secure maximum compensation for your injuries and losses. They will use their negotiation skills and legal knowledge to ensure you receive the full and fair compensation you deserve. With other parties trying to limit your recovery, having the right legal representation is critical.
Consult a Construction Accident Attorney Now
Construction accidents can have life-altering consequences for victims and their families. Never settle only for workers’ compensation benefits when you have additional third-party compensation available when negligence caused your accident. If you or a loved one has been injured in a construction accident, seek legal advice and support immediately.
Contact a San Francisco personal injury attorney near you to schedule a consultation and discuss your case. They will provide you with the guidance and representation you need to protect your rights, pursue a compensation claim, and begin the complex legal process.
Don't delay in seeking the help you deserve. Contact a construction accident attorney today. Consultations are free, and you do not pay legal fees unless your lawyer obtains compensation for you.
