San Diego Construction Accident Attorneys
Maximum Money Awards for San Diego Construction Site Injuries
The construction industry is known as one of California’s most dangerous occupations. Accidents occur frequently, and often those accidents result in serious injuries.This is in part due to the construction industry being one of the United States biggest employers, employing approximately 5.6 million people on commercial, residential, and civil engineering projects. Construction work is one of the dangerous and unfortunately deadly sectors to work. In 2012 there were 817 construction related fatalities and 3.7 people per 100 workers were injured in construction accidents according the Bureau of Labor Statistics. The fact that construction sites are dangerous however, does not mean construction workers are without recourse in the event of a construction site accident in California
When a construction accident occurs it is comforting to know you may be able to claim compensation or benefits to cover your losses. Taking action when a construction site injury occurs can be daunting, which is why attorneys at Martinez & Schill LLP are here to help. As skilled construction injury lawyers, we have handled many injury cases involving construction workers seeking to recover damages following accidents while working on construction sites in San Diego.
At Martinez & Schill LLP, we help victims of construction accidents obtain full compensation for their injuries. We understand how much a serious injury can negatively impact your life, and we are committed to ensuring you have the financial capability to recover. Our San Diego construction accident lawyers have over 35 years of combined legal experience, and we know how to protect your rights. We will carefully examine the circumstances of your accident to identify all possible responsible parties so that we can pursue maximum compensation.
Who is Liable for a Construction Accident?
There are numerous possible hazards present on a construction site at any given time. A single mistake in such a potentially dangerous environment can result in serious injuries or death. When a construction accident does occur, who can be held accountable?
Contractor/ General Contractor (Employer Workers Compensation)
The general contractor and other construction companies on site are responsible for following and enforcing the safety regulations that have been established by the Occupational Safety and Health Administration (OSHA) and every party in the construction industry must obey these rules. Unfortunately, California law prohibits employees from suing their employers for on-the-job accidents. Claims due to the direct negligence of your employer are handled through workers compensation. In this instance, benefits are paid by the employer or through a workers compensation insurer and will include coverage of medical costs along with compensation in part for lost wages. You may also receive disability benefits should you become disabled because of the accident.
Third Party Liability
Although it is may not be possible to sue your employers for injuries suffered at work, responsibility can be placed on third parties and you may have a claim for injuries or death against them. In the event of an injury or death, where there is third party liability, such as negligent contractors, equipment manufacturers, architects, or property owners, an injured worker may file a lawsuit to hold these third parties accountable in relation to their personal injury or wrongful death claim. This is a claim separate and apart from any workers compensation claim. This allows for greater compensation than traditional compensation claims for work related accidents.
Causes of Construction Accidents in San Diego
There are numerous hazards on a construction site, which is why contractors and subcontractors have a responsibility to maintain a safe working environment and to use care and caution while on the job. If someone is careless or reckless on a construction site, the results can be disastrous. There are many different types of construction site accidents including:
Construction Site Falls and Ladder Accidents – OSHA reportes 37 percent of construction accident fatalities involve falls. Types of falls include falls from elevations, ladder falls, scaffolding falls, and falls associated with contact with equipment or machinery such as cranes or forklifts.
Falling Objects and Debris – Construction workers can suffer permanent or fatal injuries when struck by falling tools, loads being moved into the area, falling materials and similar incidents.
Scaffold Accidents – According to the Bureau of Labor Statistics, there were 88 deaths from scaffolding in 2007, while the Occupational Safety and Health Administration (OSHA) reports approximately 4,500 scaffolding accidents each year.
Industrial Accidents – Industrial work sites can pose a significant risk for catastrophic personal injuries. These injuries typically occur in machinery plants, warehouses, or on construction sites.
Machinery Accidents – Accidents described by OSHA as “caught-in/between” are usually crush accidents. OSHA states that 2.6 percent of all worker deaths are associated with this type of accident, which can include being crushed by machinery or hit by heavy falling objects, tools or equipment.
Trench Collapse Accidents – Excavation cave ins are a major source of fatalities within the construction industry. Trenching accidents on U.S. construction sites account for an estimated 100 fatalities per year, with at least 11 times as many workers injured.
Electrocution and Explosion Accidents – One of the most common causes of death and injury in the construction industry is contact with high voltage. OSHA states 8.9 percent of all worker deaths result from an electrical accident.
Forklift Accidents – Unlicensed or untrained forklift operators put all other construction workers in the area at risk. This equipment is also prone to rollovers. Even fully trained and experienced forklift operators can suffer serious or fatal injuries in a rollover.
Construction Site Burn Injuries and Fire & Explosion Accidents – One of the most prevalent injuries at construction sites are burns. Construction sites are replete wth fire hazards, such as uncovered electrical lines. In addition, construction workers must regularly use fire, flammable materials, scalding pipes, steam, heavy machinery, and chemicals (like acid) in completing their tasks.
Securing Compensation After a Construction Accident
When an accident does occur on a construction site, it is not uncommon for those who are injured to suffer traumatic brain injuries, amputations, and spinal cord damage. Such catastrophic injuries often require lifelong medical care.Serious injuries can consume your life, and getting better should be your first priority. Our first priority is making sure that you have the financial resources you need to make that happen. We will guide you through the entire legal process whether it leads to settlement or judgment. We handle construction accident cases on a contingency basis, which means we are only paid when we win your case.
If you or a loved one has been injured while working on a construction site, contact us to schedule a free consultation and discuss your case with an experienced San Diego construction accident lawyer. We are available for flexible scheduling and can come to you if travel is impossible. Call 619-512-5995 for our San Diego office or 951-200-4630 for our Riverside location.