Riverside Construction Accident Lawyer
The construction industry is gigantic with hundreds of projects underway every day across areas in Riverside and surrounding cities. Construction is the most dangerous industrial sector to work in. The U.S. Bureau of Labor Statistics characterizes construction as “new work, additions, alterations, or maintenance and repairs.” Construction work in Riverside pays well, but it’s also one of the most dangerous industries that people can be employed in.
“The Fatal Four”
In 2013, over 4,400 workers in the United States were killed on the job. There were 856 people killed in construction accidents. Nearly 4 percent of all construction workers suffered injuries requiring them to lose time from work or have job restrictions or transfers. Figures from OSHA revealed that in 2012, one out of every five fatal worker fatalities was in construction. OSHA labeled the “fatal four” leading causes of deaths on construction sites as falls, being struck by an object, electrocution or being caught or stuck in between two objects.
The Problem With Workers’ Compensation
If a worker is injured in the course and scope of their employment by an anticipated and foreseeable risk of that employment, they can make a claim for workers’ compensation benefits. That claim is usually a worker’s sole and exclusive remedy. In cases of serious and permanent injuries, workers’ compensation benefits just aren’t sufficient to compensate a construction injury victim for a lifetime. The Workers’ Compensation Act limits claimants to only a specific percentage of their earnings up to a specific top amount for a specific period of time.
Third Party Liability
Depending on the circumstances surrounding the accident, a construction worker who was hurt on the job might be eligible to recover further compensation beyond the scope of the Workers’ Compensation Act. Let’s say an electrician working for ABC 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 XYZ 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 traumatic brain stem injury. Because XYZ is a separate and distinct business entity, the law in California permits the electrician to bring a personal injury lawsuit against XYZ and its driver at the same time he pursues his workers’ compensation claim. That’s 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 aren’t the only people that might get injured or killed on or around a construction site. Others who might be injured include motorists, pedestrians or others just going about their daily business or activities. A pedestrian or bystander could be injured by a falling tool or piece of construction material. A motorist using all necessary due care and caution around the site could be injured by a truck or by a heavy equipment operator. Since these people are independent of anybody working on the construction project, they’re 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.
Riverside construction accidents and injuries involve highly complex issues of law and fact. The members of our construction accident law team at the Law Offices of Brent A. Duque are knowledgeable, experienced and highly fluent in the complicated legal issues surrounding construction accidents and resulting injuries. We’re well aware of the fact that when you’re hurt on the job, your family suffers too. With serious injuries, workers’ compensation isn’t nearly enough. You need skillful and aggressive legal counsel with an outstanding success rate. Contact the Riverside law office of Brent A. Duque for a free construction injury case evaluation. Our extraordinary record of successes speaks for the quality of our services.
Contact our Riverside 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.