Construction Accidents in California
The construction sites are one of the most dangerous places because of heavy machinery, unstable materials, dangerous tools and toxin gases. The construction workers are exposed to such dangers at all times. There are many safety precautions that the workers are required to follow which includes wearing helmets, safety gloves and other protective gear. All the hazardous substances also have instructions written on them so that the workers do not miss any of the points.
Despite these safety precautions, there are still many construction accidents that the workers are involved in during their working hours. In case of any such accidents, the workers can claim damages from the construction company. For this, California has the workers’ compensation system which allows them to get reimbursement for their loss. Other than this, the workers can also take the help of third-party personal injury lawsuits if the company denies having any direct connection to the damages.
Statistics and Types of Construction Accidents
The construction companies try their best so that there are no construction accidents on the sites. For this, they make sure to check all the related equipment and machinery and also ensure that all the staff and workers are well trained in their respective jobs and know about all of the safety precautions. However, even after all these measures, there are still some cases where construction site accidents occur.
It has been estimated that in America, almost 1 in every 5 deaths of workers during their job belonged to the construction industry. Studies also show that almost 309 construction workers died during their working hours between the years 2013-17. Another study showed that in the lifetime of a construction worker, he is 75% susceptible of getting in a serious injury that would permanently disable him and 0.5% chance of getting into a life-threatening situation.
There are many types of injuries that a construction worker can get while working on the construction site. These injuries include traumatic brain injuries, back and neck injuries, spinal cord injuries, eye damages, broken bones, amputations and different types of respiratory diseases. Treating all of these injuries without any insurance is very expensive. If these injuries are because of negligence of the company, you can file a case for getting compensated.
The injuries that a worker can sustain is mostly because of different kinds of circumstances. Some of the commonly occurring circumstances include truck and car accidents, forklift and crane accidents, scaffolding and ladder accidents, explosions of hazardous materials and slipping, tripping or falling while working. Experts have divided all of these causes into four categories named as “Fatal Four Hazards” which are named as
1. Being hit by an object.
2. Getting injured by the equipment.
3. Falling or tripping.
4. Getting electrocuted.
Types of Claims for Construction Accidents
If you or any of your relatives are construction workers and have faced an accident while working, then the company you are working for is liable to compensate for damages. By law, they are liable to provide you all kinds of comfort. There are many benefits that a company provides if you are injured while working for their projects. Some of them are listed as below.
1. Temporary Injury Benefits: If you have faced an injury and while recovering are not able to work for the project, the company is liable to pay you during that time.
2. Permanent Injury Benefits: if the injury you had leads to disability and you are not able to recover no matter what treatment you receive, then the company has to pay you for the damages.
3. Death Benefits: If the work-related injury or any accident on the construction site has led to the death of the worker, then the family will get weekly compensation from the company including the costs for funeral arrangements.
4. Covering Medical Expenses: the treatment of injuries, visit to the hospital and other medical expenses are covered by the construction company.
If the company somehow refuses to pay for your damages, then you can hire an attorney and file a case against them in the court. The law will help you get the compensation for your physical and emotional loss.
Hiring an Attorney for Construction Accidents
Getting compensation for work-related expenses is generally easier than other claims. This is because according to workers’ compensation claims, if the injury occurred during the working hours, the injury was not caused intentionally and you weren’t intoxicated during working hours, you can easily claim damages.
According to the official procedures, if you have faced an injury, you should contact your employer and inform him about it within a month of the injury. You also need to fill out a compensation form and give it to your employer within a year. If you are claiming damages through a third-party lawsuit, you can give the compensation form within two years.
In many cases, the company does not provide necessary compensation to its employees. If you are dissatisfied with your compensation and think that you deserve more, you can always contact your attorney and get ready to file a case against the company.
If you are in California and have faced a construction accident, there are many great attorneys with wide experience who will help you claim your rights. One of the best law firms is Colony Law who will provide you with attorneys. You can contact them on their official website of Colony Law or contact them at 310-882-6336.
FAQ
What should you do if the workers are not properly compensated as a result of construction accidents in California?
If the company is not properly compensating the physical and emotional damages of the workers, then it is best if the worker files for a case in the court. He should contact an attorney who will help him collect relatable evidence and support his case in court. In California, Colony Law has some of the best attorneys with great experience in such cases who will help you in getting the damages that you deserve.