Construction Injuries Create Claims For Californians
If you’ve been involved in a California construction accident, you may be entitled to receive compensation for your injuries. Don’t count on employers and manufacturers to volunteer to pay your expenses, lost wages, and pain and suffering. You need someone on your side.
At the Law Offices of Patricia Turnage, P.C., we’ll investigate the accident and determine which parties should be sought after for damages. We’ll also work hard to gain a fair settlement from the insurance companies. Our founding attorney, Patricia Turnage, studied insurance for five years and earned her Chartered Property Casualty Underwriter certification, which gives her unique, inside knowledge into the workings of insurance companies. This knowledge will give you an advantage as we work on your personal injury case. Call our office in Hayward, California, at 510-470-5044 for more information.
What Causes Workplace Accidents?
The California division of OSHA adopted several standards to account for California’s unique work conditions and industries, which may result in workplace accidents. The guidelines include heat exposure, noise, repetitive motion, agriculture, aerosols, petroleum (refining, handling, transporting, drilling, and production) and exposure to or handling toxic chemicals.
Additionally, according to the Occupational Safety and Health Administration (OSHA), the four leading causes of construction worker accidents nationally, from highest to lowest, are:
- Falls
- Electrocutions
- Being struck by an object
- Getting caught between objects
OSHA calls these the “fatal four” for a reason. In 2014, the fatal four caused more than half of all reported deaths of construction workers. Construction workers also account for 17 percent of all work-related deaths that same year.
Liability May Involve More Than One Party
We can help you seek damages from all negligent parties in construction accidents. Your injury may have been caused by negligent individuals or manufacturer’s defective products or lack of safety training at work. We will help investigate the accident to ensure that any responsible parties are held accountable for your painful injuries and resulting damages. Our East Bay Area attorneys can help clarify liability in your case.
Frequently Asked Questions About Construction Accidents And Injuries
If you get hurt while employed at a construction job, your injuries may go on to impact your ability to work. Understanding your rights under California law can help you support yourself and your family after an unexpected incident.
If injured as a construction subcontractor or 1099/independent contractor, do I still have rights?
Yes, injured subcontractors or self-employed independent contractors have legal rights after getting hurt in a construction site accident. You have several potential options for covering the costs of your injuries.
While you may not be eligible for workers’ compensation benefits through the company that hired you, if you have Occupational Accident Insurance (OAI) coverage, that can help offset your lost wages and pay for your medical expenses. If your employer misclassified you while treating you like an employee, you may be able to take legal action in pursuit of workers’ compensation benefits.
You may also have the option of filing a third-party personal injury lawsuit. If the general contractor, other subcontractors, equipment manufacturers or property owners did something negligent that caused your injuries, you can file a lawsuit seeking compensation for the losses caused by the accident.
Can undocumented workers pursue claims for construction injury compensation in California?
Yes. Undocumented workers have the same basic rights as citizens and workers with green cards or visas after a work accident. Construction professionals may be eligible for workers’ compensation after an incident on a job site, regardless of their immigration status.
If your employer does not comply with workers’ compensation regulations, you may be able to take legal action against them or file a claim with the Uninsured Employers Benefits Trust Fund. Additionally, you may have the option of filing a third-party lawsuit against outside businesses, subcontractors and property owners who contributed to the accident that caused your injuries.
Who is responsible when inadequate safety training or a lack of supervision contributes to a construction accident in California?
Numerous parties can carry liability for construction accidents. If the party that caused your injuries is the employee of another business, their employer may be liable. Both vicarious liability for worker negligence and the company’s own negligence regarding safety training and supervision could make the business liable.
If you work for a company hired by a general contractor, the general contractor may be liable as a third-party for failing to supervise the job site, validate training for subcontractors and remain compliant with safety standards. Property owners typically do not have direct liability unless they caused the hazard that led to injuries, intentionally hid dangerous property defects or did not warn professionals about hazards at the construction site.
Call An Attorney Who Knows Construction Accidents
Since 1999, we’ve been representing construction site injury cases. If you are injured on the job, we will help you settle the workers’ compensation claim filed against your personal injury claim for reimbursement of the cost of benefits that your employer provided while you were unable to return to work.
We help people review their cases, as well as negotiate offers from insurance companies to make sure they are being fair and honest. Contact us by email or call our Hayward office at 510-470-5044 to speak with a lawyer about your construction injury case.
