In 2016, one in five worker deaths in the United States occurred in the construction industry. Outside of traffic accidents, falls were the leading cause of these deaths, accounting for 384 of 991 fatalities, or nearly 40 percent. In addition, the 2017 Liberty Mutual Workplace Safety Index found that falls were the third most common cause of workplace injuries. These types of construction site accidents can have devastating consequences for workers and their families, and people who have been injured should understand their options for receiving compensation beyond what is provided through workers’ compensation.
Seeking Compensation for an Accident
By law, all serious injuries or deaths resulting from a job must be reported to the California Division of Occupational Safety and Health (Cal/OSHA). Workers’ compensation can provide an injured employee with a basic source of income, but it may not fairly compensate an injured person for the expenses associated with a construction injury or death. Through legal action against a third party, an employee or their family can attempt to recover additional compensation for their damages.
A third party may owe a worker or their family additional money for several reasons. If the worker experienced physical pain, or if the worker or their family experienced emotional pain, these would not be adequately compensated under typical worker’s compensation. Also, if a worker suffered a debilitating injury, the third party may be required to make an additional financial contribution towards the injured worker or their family.
When Is a Fall Considered a Third-Party Injury?
A third party can be held liable for a fall injury if their negligence was a factor in the injury. For example, the owner of the property where an injury occurred may be held liable if they did not properly maintain the property, leading to hazards in a building such as holes or cracks.
The manufacturer of construction equipment or materials may also be a liable third party if they produced defective products, such as faulty ladders. Subcontractors could also be held responsible if they do not take necessary precautions, such as providing an employee with all the safety equipment and training needed for a construction project.
Legal Assistance After a Fall
If you have been injured in a workplace fall, or if your family member passed away due to complications of a construction site accident, the attorneys at Martinez & Schill, LLP can help you receive the compensation you deserve. Contact our San Diego construction site accident attorneys today at 619-512-5995 to arrange a free consultation.
Sources:
https://www.osha.gov
http://www.nsc.org/Membership%20Site%20Document%20Library/2015%20Injury%20Facts/NSC_InjuryFacts2015Ed.pdf
https://www.noao.edu/safety/itt_hartford_risk_management_resources/owners_responsiblity_to_construction.pdf
https://www.dmv.org/insurance/pain-and-suffering-in-personal-injury-claims.php
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