Accident Statistics
Each year, more than 150,000 construction accidents are reported across the country. While some of the accidents are minor or moderate, many are very serious. Unfortunately, when construction accidents do occur, the consequences can be downright catastrophic.
The BLS (Bureau of Labor Statistics) reports that an average of approximately 1,100 workers die each year as a result of site accidents. To put this number into some perspective, this means that more than 20 percent of all job-related deaths in the United States occur in this industry — even though only around 5 percent of full-time American workers are in this field.
Sadly, there is some evidence that safety standards may be deteriorating in the construction industry. In recent years, the number of construction site injuries has been on the rise. According to data from the California Department of Industrial Relations, nearly 400 workers died while on the job in the state in 2015 — a significant increase compared to previous years that was driven largely by a rise in workplace fatalities within the construction industry.
The Most Common Types of Construction Accidents
Modern construction sites are deeply complex. Even when workers follow instructions and use required safety equipment, construction sites can still be dangerous due to poor planning, defective equipment, or unsafe worksite conditions. Accidents can come in a wide range of different forms, and they involve many different parties. Indeed, at most major construction sites, many different things are going on at the same time.
There may be potentially dangerous equipment or hazardous materials being used concurrently all around the site. If proper safety precautions are not taken by construction companies and worksite managers, severe injuries can occur. Construction accidents may involve violations of OSHA or California workplace safety regulations. Identifying these violations can be critical evidence in establishing liability and strengthening your claim.
For reference, some of the most common construction accidents include:
- Crane accidents
- Scaffolding accidents
- Fall accidents
- People being struck by falling objects
- Nail gun accidents
- Compressed gas accidents
- Defective and dangerous machinery accidents
- Mechanical risks due to machinery components
- Slip, trip, and fall accidents
- Trenching and excavation accidents
- Electrocutions
- Chemical exposures
- Welding accidents
- Construction site explosions
- Transportation accidents, including truck accidents and car accidents
The Most Common Construction Accident Injuries
In some ways, there is no such thing as a ‘typical’ construction injury. As construction accidents come in a wide array of different forms, they can produce many types of injuries. Construction accident injuries vary dramatically, both in their kind and in their severity.
Some examples of construction accident injuries that our legal team can assist plaintiffs with include the following:
Of course, as was mentioned previously, construction accidents can result in fatalities. From vehicle collisions and falls to explosions and trench collapses, many different construction accidents have the potential to be deadly. If a construction accident results in death, your family may be eligible to pursue a wrongful death claim to recover compensation for funeral expenses, loss of financial support, and the loss of companionship and care provided by your loved one.
Who Can Be Held Liable for a Construction Accident in California?
Many different parties can potentially be held legally liable for accidents. This is partially because modern-day sites are more complicated than they used to be in the past. Often, there are many different companies involved in the operation. These companies are frequently backed by powerful insurance carriers and legal teams that work aggressively to reduce or deny injury claims. When an accident occurs, it may be the fault of a single contractor or manufacturer, or the liability may be split in multiple ways, possibly among several different companies.
Liability Through No-Fault Workers’ Compensation
California law requires injured workers to report a workplace injury to their employer promptly. Delays in reporting can jeopardize your ability to receive workers’ compensation benefits. For construction workers, their sole claim against their employer must be brought under the California workers’ compensation statute. Under state law, construction companies that work in California are required to carry no-fault workers’ compensation insurance coverage.
This is mandatory coverage and every employee in California must be covered by it. When filing a construction accident claim through workers’ compensation, the injured construction worker is not required to prove that their employer did anything wrong to be eligible to benefits. Workers’ compensation benefits are generally available even if you believe you may have contributed to the accident, as fault is not a requirement for coverage.
Construction Accidents: Negligence Claims
Strict time limits apply to third-party construction accident lawsuits in California. If you wait too long to file, you may permanently lose your right to recover compensation, regardless of how strong your case is. Unfortunately, workers’ compensation — which will provide coverage for medical expenses, lost wages, and permanent disability — is not always sufficient to compensate the injured victim for the full value of their damages.
However, there may be other remedies available. Workers’ compensation provides limited benefits regardless of fault, while a third-party injury claim can allow you to pursue full compensation, including pain and suffering, when another company’s negligence caused your injuries. Injured workers could bring a personal injury lawsuit against parties other than their employer if those parties caused their accident.
This means that other contractors, subcontractors, or manufacturers may be liable for an injured worker’s damages. In these cases (third-party liability lawsuits), the injured worker must prove fault to recover financial compensation.
Personal Injury Claims: Non-Workers
Finally, there are also cases in which non-workers are injured in construction accidents. If you were injured near a construction site but do not work there, you may still be eligible to pursue compensation through a personal injury claim against the responsible construction company or contractor. This could occur in many different circumstances, from an innocent person being hit by a falling object when walking by a construction site on a sidewalk to a victim in an adjacent building being injured by an explosion.
When this occurs, the non-employee victim has the right to bring a personal injury lawsuit directly against the at-fault construction company. Once again, these are fault-based legal claims.
The plaintiff (the injured victim) must be able to prove that the defendant’s negligent conduct contributed to the accident. With the representation of an experienced Northern California construction site accident lawyer, you may be able to recover monetary compensation for your injuries and injury-related expenses.
Compensation Available for Construction Accident Victims
California Workers’ Compensation Claims
If you were injured in an accident, and you are considering bringing a workers’ compensation claim, you must have a basic understanding of the process. In these cases, the fault is not a material issue.
You do not need to prove that your employer — or any other party — did anything improper or reckless to cause the construction accident. Instead, you need to be ready to prove the precise extent of your injuries and your damages.
Financial compensation should be made available for:
- Medical bills: California’s workers’ compensation law requires insurers to pay for all medical treatment that is “reasonably required to cure or relieve” the adverse effects of the injury or medical condition. This could include emergency room care, surgeries or operations, trips to doctors or specialists, prescription drug costs, medical devices or medical equipment, and much more. Of course, disputes can and do arise over what specific treatment is reasonably required in any given situation.
- Lost wages: Workers’ compensation also provides benefits for lost wages. If your injuries prevent you from returning to your prior job or any form of work, additional benefits or compensation may be available to address long-term or permanent loss of earning capacity. This compensation is referred to as temporary disability benefits. If your doctor says that you cannot return to work due to your medical condition, tax-free compensation should be made available for two-thirds of your average weekly wage before the accident. There is a maximum and minimum benefit that will be adjusted slightly each year based on inflation. For those who can only work on a limited schedule, partial temporary disability benefits may be awarded.
- Permanent impairment: Finally, injured California construction workers can also seek workers’ compensation benefits for permanent disability. If a construction accident results in death, workers’ compensation may also provide death benefits to surviving dependents, including burial expenses and ongoing financial support. If you or your family member sustained a permanent physical impairment as a result of the construction accident, you must speak to an experienced California work injury lawyer. Insurers are often aggressive when handling permanent disability claims. You need legal representation who can help you get maximum compensation.
Construction Accident Injury Lawsuit
If you were injured in a construction accident caused by the negligence of any company other than your employer, you should speak to a lawyer about filing a third-party liability claim. Even if you are entitled to workers’ compensation benefits, it generally is in your interest to bring a personal injury lawsuit against the responsible third-party company.
The reason for this is that California workers’ compensation will typically not offer you full financial relief for your losses — especially if you sustained particularly severe injuries. Additional compensation could be made available through a personal injury lawsuit. In a third-party liability construction accident claim, you may be eligible to recover monetary damages for;
- Ambulance fees
- Emergency room care
- All other medical bills
- Medical equipment
- Pharmaceutical drugs
- Physical rehabilitation
- Lost wages
- Diminished earning capacity
- Pain and suffering
- Mental distress
- Long-term disability
- Scarring or disfigurement
- Loss of life enjoyment
- The wrongful death of a family member
Notably, workers’ compensation makes it almost impossible to get fair financial relief for noneconomic damages such as pain and suffering or disfigurement. If you suffered a considerable amount of pain in the accident or if you sustained a disfiguring injury, you must sit down with an experienced California construction accident injury lawyer who can help you explore all of your available legal options.
How a California Construction Accident Lawyer Can Help
Construction accident claims involve complex legal rules and multiple potential defendants, making experienced legal representation critical to pursuing full and fair compensation. At GJEL Accident Attorneys, our California construction accident lawyers are committed to providing injured victims and their family members with the very best legal representation. Our track record of success cannot be disputed — we have obtained recoveries in 99 percent of our total personal injury cases, and we have helped victims with more than $950,000,000 in financial compensation.
We understand how important it is to make sure that our clients obtain the maximum available recovery. Having an experienced construction accident lawyer helps level the playing field between you and insurance companies that are focused on protecting their own financial interests. When you work with our law firm, you should be confident knowing that our construction accident lawyers will:
- Conduct a free, comprehensive review of your construction accident claim
- Listen to your story, answer your questions, and help you understand your rights and options
- Carefully investigate your case, gathering and assembling all relevant evidence
- Work directly with doctors and other medical experts to ensure that you get the best treatment and that your medical damages are properly documented
- Take action to identify all defendants that may bear the liability and use legal tools such as subpoenas to recover additional evidence
- Negotiate with defendants and insurance companies
- Take your case to court to make sure that you get the full and fair financial compensation that you deserve
Our California personal injury lawyers handle all construction accident injury claims on a contingency fee basis. When you work with our top-rated construction lawyers, you will never be required to pay any upfront fees or out-of-pocket costs. Nor will we bill you on an hourly basis. Our law firm advances all of the costs needed to bring your claim. We only get paid if we recover compensation on your behalf.
Were You Injured in a Construction Accident in California?
We can help. At GJEL Accident Attorneys, our California personal injury lawyers have extensive experience handling the full range of construction accident claims. If you or your family member were hurt or killed in a construction accident in California, you need professional legal representation.
For a free, no-obligation consultation, please do not hesitate to contact our law firm today by calling 1-866-290-1656 or reaching out to us through our website. Our legal team is available to speak with you promptly so you can get answers to your questions and take action before important deadlines pass. We have offices in Oakland, San Jose, Fresno, Hayward, Orinda, Walnut Creek, and many other communities throughout the state of California.
ABOUT THE REVIEWER
Andrew (Andy) R. Gillin is a founding partner of GJEL Accident Attorneys and has practiced personal injury law in California state and federal courts since 1970. He earned his Juris Doctor from the University of Chicago Law School and co-founded GJEL in 1972. Over the course of his career, Andy has helped hundreds of injured plaintiffs recover compensation, including multiple seven-figure settlements and verdicts. He specializes in serious injury and wrongful death cases and holds an AV Preeminent rating from Martindale-Hubbell, with recognition from Super Lawyers and Best Lawyers in America.
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