California leads the nation in construction industry jobs. The construction industry can be hazardous for workers. It consistently ranks among the more dangerous occupations.
Experienced Stockton construction lawyers can help workers injured on the job secure compensation from those at fault.
Common risks in construction jobs include falls from heights, electrical hazards, heavy equipment accidents, and exposure to hazardous materials.
Employers should prioritize training, provide proper protective equipment, and adhere to safety regulations. Unfortunately, this isn’t always the case, and they put workers at risk.
If you or a loved one suffered a serious injury or was killed on the job, the Stockton construction injury lawyers at Roberts Personal Injury & Car Accident Lawyers can help you. Our personal injury team works to identify liability, allowing someone who has suffered a workplace injury to fight for compensation by holding those who caused their injury accountable.
Your Guide to Construction Attorney in Stockton
Why Choose Roberts Personal Injury & Car Accident Lawyers for Construction Injury?
Determining liability for a construction injury can be a complicated process. After seeking medical attention and thoroughly documenting what happened on the job, contact a personal injury attorney with experience in construction injury cases.
The Stockton construction lawyers at Roberts Personal Injury & Car Accident Lawyers can assess your situation to decide if you have a claim. Our legal team will determine if someone else’s negligence caused your injury. You face time limits for filing a claim in California, so reach out to a construction injury attorney right away.
Our legal professionals can evaluate the strength of your legal claim. We can guide you through the process and help you seek compensation if you have a valid case. Our personal injury lawyers will thoroughly prepare your case by gathering evidence and working toward a settlement or filing a lawsuit.
What Type of Claim Can I File for a Construction Accident?
The most common job site injury for construction workers is typically falls. Falls from heights, such as ladders, scaffolding, or roofs, are a significant concern. Other common injuries include being struck by objects, electrical accidents, and accidents involving heavy machinery.
If a third party, like a subcontractor or manufacturer, contributed to your injury, you may have grounds for a personal injury claim.
A legal claim can provide compensation for medical bills, lost income, and pain and suffering. Our experienced Stockton construction accident lawyers will also examine your claim for a potential product liability case. If a defective tool or equipment caused the accident, we can file a product liability claim against the manufacturer.
If the accident resulted from dangerous conditions on the construction site due to negligence by the property owner, you could file a premises liability claim. Someone who was injured on the construction site but not an employee can file a claim if the site was not secured from public access. The property owner must secure the site to prevent possible injuries.
In cases of fatal construction accidents, surviving family members may file a wrongful death claim for compensation.
Consult a legal professional who specializes in construction accidents to determine the most appropriate course of action based on your specific situation. They can guide you through the process and help you understand your rights and options.
Fatal Four Construction Accidents
According to the Occupational Safety and Health Administration (OSHA), the Fatal Four refers to the four most common causes of fatal injuries in the construction industry. These four types of accidents account for a significant portion of construction-related fatalities.
The Fatal Four include:
- Falls: Falls from heights are the leading cause of fatal construction accidents. This can include falls from ladders, scaffolding, roofs, or other elevated work surfaces. Proper fall protection measures are crucial in preventing these accidents.
- Struck by object: Being struck by objects is the second leading cause of construction-related fatalities. This can involve being hit by falling tools, equipment, or materials. Maintaining a clean and organized work area, using protective barriers, and wearing appropriate headgear can help prevent these accidents.
- Electrocutions: Electrocutions rank third in the Fatal Four. They occur when workers come into contact with live electrical sources or faulty wiring. Proper training, using non-conductive tools, and maintaining a safe distance from power lines are essential safety measures.
- Caught-in or between: This category includes accidents where workers are caught in or between equipment, machinery, or materials. Examples include trench collapses and accidents involving heavy machinery. Adequate trench shoring, lockout/tagout procedures, and safe equipment operation can prevent these accidents.
OSHA emphasizes that addressing these Fatal Four hazards can significantly reduce the risk of fatalities in the construction industry. Employers and workers should be vigilant in implementing safety measures and following regulations to prevent these types of accidents on construction sites.
Danger to construction workers from traffic
Construction workers often face dangers from traffic when working near or on roadways. These dangers include vehicle collisions where workers near roadways are at risk of being struck by passing vehicles. This is especially true in construction zones with high-speed traffic.
Distracted or intoxicated drivers especially pose a significant risk to construction workers. They may not notice warning signs or workers and this could cause accidents.
The risk of injury from vehicles at a construction site also includes backing vehicles. Construction vehicles and equipment, such as trucks and heavy machinery, may need to move in reverse with low or limited visibility, endangering workers in their path. Heavy machinery is difficult to stop or turn quickly to avoid a collision with a worker that may cause injury.
To mitigate these risks, construction sites near roadways typically implement safety measures like traffic control plans, warning signs, barricades, and flaggers to direct traffic and protect workers. Workers may need to wear high-visibility clothing to increase their visibility to drivers.
Strict adherence to safety protocols can minimize the dangers posed by traffic in construction zones.
Proving Liability in Construction Accidents
Proving liability for a workplace injury within the construction industry often involves demonstrating that someone’s negligence or wrongful actions led to the injury.
What should an injured worker do?
- Document the incident: If possible, immediately after the injury, document the scene. Take photos, gather witness statements, and preserve any physical evidence. This can be crucial in establishing what happened.
- Report the incident: Notify your employer of the injury as soon as possible and complete any required incident reports. Ensure the incident is officially documented.
- Seek medical attention: Get prompt medical care for your injuries. This establishes a link between the incident and your injuries and provides a record of your medical condition.
- Preserve evidence: Keep all relevant records, including medical bills, treatment plans, and any correspondence with your employer or insurance company.
- Consult an attorney: As soon as possible, contact a personal injury attorney with experience in construction accidents. They can help you navigate the legal process, assess liability, and guide you on the appropriate legal action.
How can a construction lawyer help?
- Review safety protocols: An experienced construction accident lawyer can help investigate whether safety protocols and regulations were followed on the construction site. If negligence or safety violations contributed to the accident, it can strengthen your case.
- Identify responsible parties: A construction lawyer can help determine who may be liable for your injuries. This could include your employer, subcontractors, equipment manufacturers, or property owners.
- Prove negligence: To establish liability, you’ll need to show that the responsible party was negligent, meaning they failed to exercise reasonable care. This can involve demonstrating that they knew or should have known about a dangerous condition or acted recklessly. An experienced personal injury lawyer knows what to look for in determining liability.
- Witness testimonies: Your lawyer can gather statements from witnesses who can attest to the conditions and actions leading up to the injury. Their testimonies can support your claim.
- Expert opinions: In some cases, expert opinions may be necessary to establish liability. For example, an expert in construction safety can determine whether anyone failed to meet industry standards.
Consulting a legal professional is the best way to assess your case’s strengths and pursue the appropriate legal action. The team of construction lawyers at Roberts Personal Injury & Car Accident Lawyers have years of experience in handling workplace injuries related to the construction industry. We’re ready and eager to help you secure justice.
Construction Industry Workplace Injuries and Deaths in California
California has the largest concentrated construction industry in the United States as of 2020, according to statistics compiled by Data USA. California employed 1.015 million people, followed by Texas and Florida.
According to the U.S. Bureau of Labor Statistics, the private construction industry sector had the highest number of fatalities in California with 79, down from 92 in the previous year. Falls, slips, or trips resulted in 33 of the 79 fatalities in the industry. The specialty trade contractors subsector accounted for 42 of the 79 fatal workplace injuries in the construction industry.
What Type of Compensation May Be Available for a Construction Accident?
In the event of a construction accident, various types of compensation may be available to injured parties, depending on the circumstances of the accident and the applicable laws.
Here are common types of compensation:
- Medical expenses: Regardless of whether you’re an employee, you may recover compensation for your medical expenses related to the accident. This can include doctor’s visits, hospital bills, surgery costs, prescription medications, and rehabilitation.
- Lost wages: If your injury results in time away from work, you may be eligible for compensation for the wages you’ve lost. This can include both past and future lost income if your injury affects your ability to work in the long term.
- Pain and suffering: In some cases, you may recover compensation for physical pain, emotional distress, and suffering caused by the accident and its aftermath.
- Disability benefits: If your injury results in a partial or total disability that affects your ability to work, you may obtain disability benefits to help cover ongoing living expenses.
- Wrongful death damages: In cases of fatal construction accidents, surviving family members may recover wrongful death damages, which can cover funeral expenses, loss of financial support, and emotional distress.
- Punitive damages: In rare cases involving an especially reckless or egregious responsible party, punitive damages may punish the wrongdoer and deter similar behavior.
The specific compensation available will depend on the severity of your injuries, the circumstances of the accident, and applicable state laws. Consult a personal injury attorney with experience in construction accidents to understand your rights and pursue the appropriate compensation for your situation.
How Long Do I Have to File a Construction Accident Claim in California?
The statute of limitations for construction accident claims in California can vary depending on the specific details of your case. Generally speaking, for personal injury claims, the statute of limitations is usually two years from the date of the injury. However, exceptions can change the deadline based on the specific circumstances of your case.
Consult a qualified attorney who specializes in construction accidents in California to meet all necessary deadlines and understand your legal rights. Failing to meet the deadlines can result in the loss of your right to pursue a legal compensation claim.
Contact a Stockton Construction Lawyer at Roberts Personal Injury & Car Accident Lawyers Today
Did you suffer injuries on the job related to the construction industry in Stockton? You don’t have to navigate the legal complexities alone.
The experienced Stockton personal injury lawyers from Roberts Personal Injury & Car Accident Lawyers are here to advocate for your rights, assess your case, and seek the compensation you deserve.
Our Office in Stockton, California
Roberts Personal Injury & Car Accident Lawyers
11 S San Joaquin St, Ste 610,
Stockton, CA, 95202