Lancaster Construction Accident Lawyer
While out and about in Lancaster, you will most certainly see various construction projects underway on a daily basis. While development creates jobs and increases the appeal of the city, it also lends to the probability that injury to construction workers, bystanders and passersby will likely occur. The construction industry is responsible for one of the highest rates of injury and death in the country.
“The Fatal Four”
Identified by OSHA as the “fatal four” leading causes of deaths on construction sites, falls, being struck by an object, electrocution or being caught or stuck in between two objects are a constant concern. In 2013 alone, over 4,400 workers in the United States were killed on the job with 856 of those being killed in construction accidents. Roughly 4 percent of all construction workers have suffered injuries requiring them to lose time from work, suffer job restrictions or transfers. According to OSHA, a staggering one out of every five worker fatalities in 2012 was in the construction industry.
The Problem With Workers’ Compensation
California Worker’s Compensation Laws will command how your case is handled if you have been injured at work on a construction site. Worker’s compensation insurance is typically limited to a small percentage of your regular wages, an amount not sufficient to compensate for a possible lifetime of disability and loss of work. If you have been injured on a construction site, an experienced construction accident attorney at the Law Offices of Brent. A. Duque will advocate on your behalf to ensure that you receive the medical care and monetary benefits you are entitled to.
The outcome of your case will depend on your employment status at the time of the accident and the extent to which your employer is liable for your injuries. Your attorney can explain your rights as to worker’s compensation an social security disability benefits as well.
Third Party Liability
Many specific factors surrounding an accident can enable a construction worker who was hurt on the job to recover further compensation beyond the scope of the Workers’ Compensation Act. Let’s say an electrician working for XYZ Electrical Contractors was on a ladder working. Signs and warnings were posted in the electrician’s work area, but the ladder was hit by a van driven by ABC Plumbing Contractors when the driver was distracted by his phone. He never saw the warnings, the ladder or the electrician. As a result of the fall, the electrician suffers a permanent injury.
Since ABC is an independent and distinct business entity, California law permits the electrician to bring a personal injury lawsuit against ABC and its driver at the same time he pursues his workers’ compensation claim. That is called third party liability. Damages in the third party liability personal injury lawsuit aren’t limited like those in a workers’ compensation claim. While seeking damages in the lawsuit, the injured worker can also collect workers’ compensation benefits for purposes of paying medical bills and keeping their household and family going.
Others Get Injured Too
Construction workers, while exposed to exceedingly more danger than most, are not the only people that might get injured or killed on or around a construction project site. Others who might be injured include passing motorists, pedestrians or bystanders. A falling tool or piece of construction material pose a very real risk to those walking by on a sidewalk. A motorist using all necessary due care and caution around the site could be injured by a truck or by a heavy equipment operator. While these people are independent of anybody working on the construction project, they are still permitted to file a personal injury lawsuit against any companies and employees on the site that they believe were responsible for their injuries. If you have been wrongly involved and injured, we invite you to contact us as soon as you can about this.
At the Lancaster Law Offices of Brent A. Duque, we maintain a staff of a highly professional, knowledgeable, aggressive and successful construction site accident attorneys who represent injured people through our offices that stretch across Southern California. Time limitations apply to any injury claim you might have, so for purposes of investigating a possible case and possibly preserving evidence, it’s best for you to contact us immediately after an accident.
Contact our Los Angeles County Personal Injury Attorney at 1-877-241-9554 to learn more about your legal options. A free consultation is just a phone call away. You can even use our online contact form, and we’ll reply to you quickly.