Personal Injury Lawsuits for Construction Accidents
Injured on a Construction Job: Who Pays?
The construction industry is a dangerous one; in fact, it has some of the highest percentages of workplace deaths each year. This is contributed largely to the fact construction workers operate heavy machinery, work with live electrical equipment, and conduct their operations at great heights. Not only are they doing dangerous activities, but many construction workers are also fatigued due to the physical nature of their work and the fact many of them take on additional shifts to make ends meet.
Construction Injuries by the Numbers
OSHA and the Bureau of Labor Statistics have compiled a list of statistics to demonstrate the danger construction workers face:
- 1 in 5 worker deaths in the U.S. is in the construction industry
- In 2017, more than 5,000 construction workers died while on the job
- 1.7% of construction workers are injured so badly they miss work each year
- Construction companies only report 8.5% of all injuries that require workers to call out
- In 2018 construction workers suffered almost 200,000 non-fatal injuries
Workers may not feel empowered to report accidents and take time off work to recover from their injuries. They may be the sole providers for their families, or they may fear getting laid off if they cannot perform the way they used to. Construction site injury attorneys in Newport Beach see these situations all the time, and we work to build strong injury claims so that workers can recover without worrying about their finances.
If you are injured while working a construction job, you need someone to pay for your medical bills. You may also need to be compensated for the hours you cannot work due to your injuries. That’s why you should seek out the services of a construction accident injury attorney in Newport Beach. An attorney will walk you through the process of reporting your injuries and finding the liable party so that you can receive maximum compensation.
Almost all employers have a stack of workers’ compensation forms for their employees to fill out in the event of a workplace injury. For most construction workers, a workers’ compensation claim is the exclusive remedy for compensation of on-the-job injuries.
Financial relief from workers’ compensation ordinarily comes quickly, without the employee having to file a lawsuit with an injury attorney in Newport Beach or prove that someone else was at fault for their injury. Workers’ compensation is normally given with little-to-no pushback from the employer.
However, there are limitations. Workers’ compensation is typically limited to your medical bills and lost wages. Unlike a personal injury lawsuit, you cannot get compensated for pain and suffering and any loss of potential earning capacity. Additionally, employees who have been hired on as a contractor may not be eligible for workers’ compensation.
Filing a Lawsuit
If you are seeking compensation following a worksite injury, you can file a personal injury lawsuit against the negligent party. This is your best option if you cannot get workers’ compensation.
If you can prove another person or organization was negligent in their basic duty of care towards your safety, then your injury attorney in Newport Beach can argue that they are held liable for the payment of your damages.
Most personal injury lawsuits for construction injuries are contingent on the concept of “negligence,” which is defined as the failure to behave with a level of care that the average person would have acted with in the same circumstances and situation. Proving negligence is just as much about showing what someone did do as showing what they didn’t do. This means proving that:
- The defendant owed you a duty of care
- The defendant failed in that duty
- Their failure caused the your injury
- Your injury resulted in damages
Who’s the Subject of Your Lawsuit?
To file a personal injury lawsuit in Newport Beach, you have to make sure you are suing the right party.
If you were hired as a sole proprietor, then you may be able to sue your employer if they acted with negligence, especially if they did not provide their workers with adequate safety training and equipment. OSHA finds that safety guidelines are violated in almost all construction site injuries, and it’s your company’s duty to ensure that these clearly-stated guidelines are followed. If you were not given proper safety gear, such as protective goggles or a hardhat, then your employer should be held liable.
If you were directly hired by a homeowner to work as an independent contractor, then they owe you a duty of care to keep your workspace safe. This means shoveling their driveway for snow and providing upkeep for staircases to ensure that no one suffers a slip and fall accident. You can sue the homeowner directly if you and your Newport Beach construction injury attorney find that their home was poorly maintained.
Additionally, some accident injury lawsuits can be directed to product liability. For example, if you are an electrician working a job and you get burned due to a defective fuse, then the company that made that product may be the focus of your lawsuit. If the product did not work as intended and you were injured as a result, you can file a product liability lawsuit in Newport Beach against the maker of the fuse. This can also go for scaffolding accidents. If the bolts provided by the scaffolding manufacturer gave way under minimal weight, then that product is defective, and the company is negligent for selling it.
Personal injury lawsuits are subject to judgement, and you shouldn’t take the risk of hiring an attorney that does not have solid negotiating skills. Our workplace injury attorneys in Newport Beach will build a thorough claim for compensation, and they will fight aggressively to prove these claims in court.
About Accident Lawyers Firm
Accident Lawyers Firm is a Newport Beach-based law firm that wins our clients maximum compensation for their personal injury lawsuits. Our attorneys work tirelessly to add up your bodily damages, emotional damages, property damages, and overall pain and suffering that the negligent party should pay for. We also tap into our network of accident and health experts to gather thorough research and evidence to make your case for compensation as strong as possible. Contact us if you were injured in a:
You don’t need additional stress while you recover from your injuries, so leave the legal battle up to us. With our extensive connections and hard-working lawyers, you can focus on recovering physically, mentally, and emotionally. To set up a free consultation, call us at 949-203-5780 or email us at email@example.com.