Construction Site Injuries: Understanding Causes, Legal Paths, and Compensation Claims

In this article, you can discover:

• How to identify common causes of construction site injuries, like falling materials and equipment collisions.
• Why you should always remember to prioritize safety gear and precautions.
• The importance of never relying solely on insurance without comprehensive assessment.

What Are The Most Common Causes Of Construction Site Injuries?

Construction sites encompass an array of hazards that give rise to serious injuries. Identifying the single most common cause might be challenging, but understanding why and how people become injured on job sites is crucial. Frequently encountered scenarios involve injuries arising from falling materials from scaffolds and elevated floors; collisions with construction equipment like trucks, tractors, forklifts, and cranes within the site; inhalation of dust and gasses; and tripping over rough terrain, equipment and cables. A significant contributor to these incidents is the absence of proper safety gear such as hard hats, eye protection, hearing protection, gloves, and boots and failure to pay attention to the surroundings.

Additionally, mishaps stemming from improperly secured loads on trucks, cranes, and forklifts add to the complexity. Moreover, the presence of hazardous tools, such as electric and power tools, along with the handling of dangerous materials further contributes to the diverse landscape of construction site injuries.

What Types Of Injuries Do You See From Construction Sites?

A wide spectrum of injuries characterizes construction site accidents, each with its own implications. Among the more frequent injuries are crush injuries and fractures, often affecting hands, fingers, legs, and sometimes even the skull, neck, and back. The range extends to include concussions resulting from head trauma. I had a client who was struck by a swinging wrecking ball.

The complexity of these sites often leads to more severe outcomes like amputation injuries and burns—both thermal and chemical. It’s important to note that not all injuries are life-threatening, but due to the nature of heavy equipment and substantial loads involved, there is a high proportion of significant injuries that occur.

Do I Still Need To Hire A Construction Attorney If The Insurance Company Agrees To Pay For My Claim?

While an insurance company for the responsible party might offer to cover your claim, this offer often falls short of what the injured victim needs and is entitled to receive, given the gravity of construction site injuries. These injuries typically entail extended and long term and expensive medical care, lengthy work absences, income loss, potential retraining, and future income reduction. Relying solely on an insurance company’s offer is fraught with risk. You must remember that the duty of an insurance company is to its insured, not to the injured party. Keep in mind that you cannot rely on anyone who does not have the goal of protecting your interests. Hint: It is not the other side.

The intricacies surrounding job site injuries, encompassing workers’ compensation claims, personal insurance, and contractual complexities among contractors, subcontractors, and owners, necessitate thorough evaluation involving multiple insurance companies. Expecting any insurance company to commit to taking care of all of your needs and damages without a comprehensive assessment of their exposure to liability and a determination of what other insurance companies and entities may also bear responsibility for your damages is mistake you cannot afford to make.

What Are the Differences Between Workers’ Compensation and Third-Party Claims for Construction Site Injuries?

Recognizing the distinctions between workers’ compensation claims and third-party claims is essential. Workers’ compensation functions as a no-fault system, where establishing fault doesn’t determine your eligibility for compensation. This system covers medical care and disability benefits, including both temporary and permanent disability. Coverage for workers compensation benefits requires only that you were injured while acting within the course and scope of your employment.

In contrast, pursuing a third-party claim involves the burden of proving someone else was negligent and caused your injuries. In other words “fault.” This is a far more challenging process. However, the potential benefits of a third-party claim are often substantial. These claims typically offer much higher compensation, encompassing not only medical care but also addressing full income loss, (not just disability benefits) pain, suffering, and the profound life changes that can result from severe construction site injuries.

When an injury is caused by someone other than your employer or a co-employee, the opportunity to pursue a claim against the responsible party for all of your damages is opened. In such cases, you might be able to pursue both a workers’ compensation claim and a personal injury claim. Exploring both of these avenues provides a broader scope of compensation. It’s crucial to note that if your employer doesn’t fulfill their obligation to carry workers’ compensation insurance, you might have be allowed to directly sue them directly for damages instead of being limited to workers compensation benefits.

Is My Construction Site Injury A Workers’ Comp Case Or Personal Injury Claim in California?

If you sustain an injury while working on a construction site, the legal path you should take depends on a variety of factors. In most cases, if you’re working on a job site, you’re likely considered an employee of a company** (This also assumes that you were an employee of a company and not an independent contractor.) In California, and in most other states, employers are legally required to carry workers’ compensation insurance coverage to protect employees who are injured on the job.

This means that if you’re injured while working within the scope of your employment on a job site, you have the right to file a workers’ compensation claim through your employer’s workers compensation insurance provider. This applies whether the injury was caused by your employer, a co-employee, or even if you, yourself, are at fault.

For more information on Construction Site Injury Claims In California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (818) 530-1770 today.