Most construction accidents happen because the victim slipped, tripped, or fell from a height. If you have had a construction accident recently, you need to speak to a construction accident attorney in California. He or she can assess your case and help pinpoint the reason for the mishap. You can also talk to an attorney about determining negligence for a claim.
How Does a Construction Accident Attorney in California Assess Negligence?
A construction accident attorney in California can assist you in determining who to sue after a construction accident injury by considering the negligence of the other party. Therefore, a claim can be pursued if you can show another party did not use reasonable care to ensure an area was safe and, because of this oversight, he or she breached their duty in this respect.
As a result, you suffered an injury directly related to this lack of care. The American Bar Association (ABA) further states that a defendant who is negligent does not set out to cause an injury. Instead, a lawsuit results from thoughtlessness or carelessness, or a failure to act as most reasonable people would behave in a similar situation.
For instance, because most construction workers suffer from falls, it is important for an employer, at a job site, to supply the proper equipment and protection to prevent injuries. According to OSHA, provisions should be made to ensure against fall-related deaths and injuries. The organization adds that workers who work at heights of six feet or more are at an increased risk of injury or death.
Therefore, it is the responsibility of employers to provide fall protection and the appropriate equipment, such as scaffolds, ladders, and safety gear. Roofers should use a personal fall arrest system (PFAS) with a harness that can be securely anchored. The PFAS should be regularly inspected for fit and safety.
Who You Can Sue
Unlike workers’ compensation laws, the civil justice system reviews cases where certain parties are deemed to be at fault. Therefore, you can sue the following parties if you are injured on a construction site.
As noted, if your employer does not provide fall protection, you may be able to hold them liable. The same holds true if your employer did not provide you with personal protection equipment (PPE) where it was mandated. Typically, Workers’ Compensation rules prevent you from suing, but there are exceptions, especially when the oversight was obvious.
Other Construction Site Contractors
If you received injuries at work due to the negligence of another contractor, you may be able to sue them or their employer.
The Property Owner
If you received injuries for unsafe conditions at work, you may be able to sue the owner of the property.
Makers of Equipment or Tools
In some instances, defective tools or equipment may lead to an accident. In this case, the manufacturer of the tool or equipment may be held liable.
Drivers in Motor Vehicle Accidents
If you were injured by a driver who acted recklessly at a construction site, you can file a lawsuit for personal injury against them or their insurance company.
Workers’ Compensation and Determining Fault
While the above list covers at-fault injuries, you still can file workers’ compensation, regardless of the reason for the accident. If another party was at fault for the mishap, you may be in your rights to sue for additional compensation.
Therefore, it is important to speak to a construction accident attorney in California to review your case and determine the negligent party or parties and the reason for the accident.
Investigating the Accident Scene
To ensure you receive a proper and just settlement, a personal injury attorney can review your case as well as the accident site. If millions of dollars are at stake, an employer, who is determined to be at fault, may try to shift the blame for an accident to the victim.
If an employer ignores, for example, a Stop Work Authority (SWA), the result may end in a bad accident. According to the magazine, Safety+Health, an SWA allows a worker, regardless of their job, to stop a job process in a situation that appears imminently dangerous.
Examples of Construction Site Negligence
Even if you were partially at fault, you may still be able to ask for compensation, if an accident site shows the following elements:
- Unsafe machineries, such as hoists or cranes
- A lack of fall protection or PFAS for employees working a elevated heights
- OSHA safety violation
- Tripping Hazards, such as the disbursement of random cables or cords
- Defective equipment
- Unsafe scaffolding or ladders
While the statute of limitations on a personal injury claim is 2 years in California, you should contact a construction accident attorney in California immediately so th;ey can collect and preserve the at-fault evidence at the accident site. Work with a construction accident attorney in California who can build the strongest case possible for your negligence claim. Contact Belal Hamideh Law at 562-526-1224 immediately.