Construction sites and warehouses in California are among the most hazardous work environments. The risks include fall-related accidents due to working at heights, and exposure to harmful dust such as silica (which scars the lungs) and wood and gypsum dust (which cause respiratory issues and cancers). Workers are also at risk from large machinery and vibrating tools, which can lead to Hand-Arm Vibration Syndrome (HAV). These dangers pose significant health and safety concerns.
Construction site accidents are unplanned incidents that injure workers during their duties. These accidents are often covered by workers' compensation insurance, but certain situations may not qualify, such as:
If you're injured or become ill due to a construction site accident, consult an experienced personal injury attorney to determine if workers' compensation applies or if other legal options are available.
You can seek compensation through several avenues for injuries from a construction site accident:
Workers' Compensation: This insurance covers lost wages, medical expenses, and disability from workplace accidents. It does not cover pain and suffering, but you do not need to prove fault, only that the injury occurred during employment. If your employer has workers' compensation insurance, you typically cannot file a personal injury claim against them.
Personal Injury Lawsuit: You may file a personal injury claim if the accident was intentional or if your employer lacks workers' compensation insurance. You must prove fault by showing:
You can also file a lawsuit against a third party, like a vendor or subcontractor, if their negligence caused the accident.
Defective Product Claim: If a defective tool or machinery caused your injury, you could file a product liability lawsuit against the manufacturer. You must prove the product was defective, caused your injury, and was used as intended.
Wrongful Death Action: In fatal construction site accidents, family members or the decedent's estate can file a wrongful death action. Workers' compensation death benefits may also be available. Consult a personal injury or workers' comp attorney to understand your options.
Injuries include broken bones, burns, spinal injuries, eye injuries, hearing loss, and traumatic brain injuries. In severe cases, these accidents can be fatal.
Your future depends on the help you get after a construction site accident.
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