Every day, construction workers face numerous risks that can lead to severe injuries or even death. From falling objects and machinery accidents, to electrocutions and explosions, the dangers are ever-present on construction sites. By law, construction workers are typically covered by workers’ compensation insurance, but in many cases, this isn’t enough to pay for an injured worker’s immense suffering.
You may have other legal options to seek compensation for your construction injury. In Orange County, talk to us at Libra Law Firm. Our construction accident attorneys are ready to listen to your story, advise you on your best legal remedies, and help you claim the fullest compensation you deserve. We provide a free consultation. Call us at (888) 565-3214 today.
The Reality of Workplace Accidents in Construction
Consider this scenario: John, a hardworking father of two, was part of a crew building a high-rise in Irvine. While operating a crane, a cable snapped, causing a load of steel beams to come crashing down. John was struck by the falling debris, sustaining multiple fractures, a traumatic brain injury, and internal bleeding. His life was forever changed in an instant.
Sadly, stories like John’s are all too common in the construction industry. According to the Occupational Safety and Health Administration (OSHA):
- An average of one worker dies every 96 minutes in the US due to workplace injuries.
- The construction industry is among the most fatal areas of occupation in the country.
- In 2022 alone, there were 1,056 construction worker deaths nationwide.
- Additionally, there were nearly 170,000 non-fatal construction injuries in 2022.
Each of these cases represents a costly and painful experience for the injured worker. The National Safety Council estimates that a work injury can cost $40,000 on average, not including the worker’s non-economic losses like pain and diminished quality of life. This is why it’s important for construction workers to consult a construction accident attorney to get guidance on maximizing their injury compensation.
Types of Construction Site Accidents
Construction sites are inherently hazardous workplaces, and even with stringent safety protocols in place, the risk of injury remains high. Some of the most common and dangerous incidents on construction sites include:
Falls
Falls are one of the leading causes of construction site injuries and fatalities. These accidents can result from inadequate safety measures, improperly constructed walking surfaces, unprotected sides or holes, and improper usage of ladders or scaffolding. Even a fall from a relatively low height can cause severe injuries such as broken bones, spinal cord injuries, or traumatic brain injuries.
Struck by Objects
Construction sites have numerous moving parts, increasing the risk of workers being struck by falling or swinging objects. These accidents can occur due to loose or shifting materials, equipment malfunctions, or improper handling of tools and machinery. Being hit by a heavy object can lead to life-threatening injuries like head trauma, internal bleeding, and crushing injuries.
Electrocutions
Electrocutions are a significant hazard on construction sites due to the presence of exposed wires, wet conditions, and the use of power tools and electrical equipment. Most electrocution accidents are caused by poorly maintained tools, faulty wiring, or a lack of proper grounding and insulation. Electrocutions can result in severe burns, nerve damage, and even cardiac arrest, making them one of the most dangerous types of construction site accidents.
Caught In-Between (Crush Injuries)
Construction workers may find themselves caught in or between vehicles, heavy machinery, and tools, leading to crush injuries or even amputations. At some sites, there is a risk of excavation collapses, which can bury workers and cause severe crush injuries or suffocation. These types of accidents often result from inadequate safety measures, improper equipment usage, or a lack of proper training.
Slips and Trips
As construction sites are often cluttered with materials, tools, and equipment, workers can slip, trip, or fall over objects on the floor. Many have suffered traumatic brain injuries (TBI), broken bones, and back injuries from this seemingly simple accident.
Structural Collapses
Failure to follow proper safety regulations and construction protocols can lead to the collapse of structures, putting workers at risk of being crushed or buried under debris. These accidents can result in life-threatening injuries or fatalities.
Welding Accidents
Welding is a crucial aspect of many construction projects, but it also carries significant risks. Welding accidents can lead to flash burns, eye injuries, and exposure to hazardous fumes, potentially causing long-term health issues.
Fire and Explosion Incidents
The presence of flammable materials, gas lines, and other combustible elements on construction sites increases the risk of fires and explosions. These incidents can cause severe burns, smoke inhalation injuries, and even fatalities.
Power Tool Accidents
Construction workers rely heavily on power tools, which can be dangerous if not used properly or maintained correctly. Inadequate training or faulty equipment can lead to lacerations, amputations, and other serious injuries.
Heavy Machinery Accidents
Besides trucks and transport vehicles, construction sites often use heavy machinery such as cranes, forklifts, and excavators. Malfunctions, improper operation, or lack of safety protocols can result in catastrophic accidents including rollovers, collisions, and crushing incidents.
Transportation-Related Accidents
Construction sites typically involve a high volume of vehicle traffic including trucks, dump trucks, and other heavy equipment. Collisions, back-over incidents, and other transportation-related accidents can cause severe injuries or fatalities to workers on the site.
Regardless of the type of accident you have been involved in on your job site, our experienced Orange County construction accident lawyers at Libra Law Firm are ready to help. We can evaluate your situation, determine who should be held accountable, and build a strong case to prove that you are owed compensation for your losses.
Common Construction Accident Injuries
In Orange County, California, these are some of the most common injuries that construction workers sustain:
Fractures or Broken Bones
Falls from heights, being struck by falling objects, or being caught in-between heavy machinery can lead to fractures or broken bones. These injuries can range from minor to severe, potentially requiring extensive medical treatment, surgery, and rehabilitation.
Spinal Cord, Vertebrae, and Neck Injuries
When the spinal column is injured, the consequences can be life-altering, potentially including partial or complete paralysis, chronic pain, and a significant loss of mobility. The spinal column includes the vertebrae (backbone segments), spinal cord, and the neck – any of which could be injured in falls, collisions, or crushing incidents.
Traumatic Brain Injuries (TBIs)
Head injuries, such as concussions or more severe traumatic brain injuries, are common in construction accidents involving falls, falling objects, or collisions. TBIs can lead to cognitive impairments, memory loss, personality changes, and long-term disabilities.
Crush-Related Injuries
Construction workers who become trapped or caught in-between heavy machinery, collapsing structures, or other objects may suffer from crush-related injuries. Examples are severe damage to internal organs, limb amputations, and life-threatening complications.
Severe Burns
Fires, explosions, electrical accidents, or exposure to hazardous materials can cause severe burns to construction workers. Burn injuries can lead to disfigurement, scarring, and long-term physical and emotional trauma.
Knee Damage
Knee injuries can result from sudden impact in an accident or from the constant and physically demanding nature of construction work. Examples of knee injuries in construction are torn ligaments, meniscus tears, or other forms of knee damage. These injuries can significantly impair mobility and require extensive rehabilitation.
Muscle Strains and Tears
Repetitive motions, heavy lifting, and awkward postures can lead to muscle strains, tears, or other soft tissue injuries in construction workers. These injuries can be debilitating and may require prolonged rest and physical therapy for recovery.
Strokes and Heart Attacks
The strenuous nature of construction work, combined with extreme temperatures and physical exertion, can increase the risk of strokes or heart attacks, especially for workers with underlying health conditions.
Regardless of the specific injury sustained, construction accidents can have devastating consequences for workers and their families. It is crucial for injured construction workers to seek immediate medical attention and consult with an experienced Orange County construction accident lawyer to protect their rights and pursue the compensation they deserve for their losses.
Legal Avenues for Compensation After a Construction Accident
In California, most construction employees must be covered by their employer’s workers’ comp insurance, which can pay for their on-the-job injuries. However, some injured workers may also be able to file a personal injury claim, which is under a different area of the law and may lead to a greater outcome. To help you understand these legal remedies, here are some key differences between workers’ comp and personal injury claims.
Workers’ Compensation Claims
If an injury occurs at work due to no one’s fault or negligence, you can file a workers’ compensation claim. This allows you to seek monetary benefits from your employer’s insurance company without having to prove liability. Workers’ compensation benefits are designed to provide financial assistance to employees for medical expenses and lost wages, regardless of who was at fault for the accident.
Workers’ comp, however, will not cover non-economic losses such as pain and suffering. If you suffered substantial non-monetary losses, you’ll want to explore a possible personal injury claim.
Personal Injury Lawsuits
If your construction accident happened due to someone else’s negligent behavior or wrongdoing, you may have grounds to pursue a personal injury lawsuit against the liable party. In such cases, it is essential to identify the responsible party or parties whose actions or inactions led to your injuries.
In addition, a personal injury case may be the most viable option for contractors who are not covered by workers’ comp insurance.
A successful personal injury claim can compensate you for monetary losses like medical bills and lost wages, as well as non-monetary losses like pain and suffering.
To identify your best path to compensation, it’s crucial to get experienced advice from a construction accident attorney. Consult for free with Libra Law Firm. Our injury lawyers in Orange County can help you determine your best legal recourse and fight for you to get properly compensated.
Negligence in Construction Accidents
When you opt to file a personal injury lawsuit for your construction injury, you will need to prove that someone else’s negligence caused you harm. These are some of the most common examples of negligence on work sites:
Employer’s Failure to Comply with Safety Standards
Construction companies have a legal obligation to adhere to industry-specific safety regulations set forth by organizations like the OSHA. Failure to comply with these standards can lead to hazardous working conditions and increase the risk of accidents.
Inadequate Training and Supervision
Because workers operate heavy machinery, handle hazardous materials, and perform tasks at heights, they must receive adequate training and have an experienced supervisor. Inadequately trained or unsupervised workers are ill-equipped to identify and mitigate potential risks, leading to preventable accidents.
Lack of Proper Safety Equipment
Construction sites require various safety equipment such as hard hats, safety harnesses, protective eyewear, and respiratory protection. Failure to provide workers with the necessary safety gear or maintaining faulty equipment can expose them to unnecessary risks and increase the likelihood of injuries.
Exposure to Harmful Substances
Though harmful substances are regulated, they can still be abundant on work sites. Construction workers often encounter various hazardous materials including asbestos, lead, silica dust, and chemical fumes. Without adequate protection or proper handling of these substances, workers can develop long-term health issues such as respiratory problems, cancer, and other occupational illnesses.
Criminal Actions
In some cases, injuries on construction sites may be the result of criminal actions such as intentional safety violations, sabotage, or violence. These incidents can have severe consequences for workers and may warrant legal action against the responsible parties.
At Libra Law Firm, our Orange County construction accident lawyers have a deep understanding of the complex laws and regulations governing construction sites. We conduct thorough investigations to identify all responsible parties and build a strong case to hold them accountable.
Compensation for Construction Site Accidents
In a successful construction accident injury claim, you may be able to recover damages for:
- Medical expenses (past and future)
- Lost wages and future earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Lost enjoyment of life
- Punitive damages (in cases of gross negligence or intentional misconduct).
Consult with us for free at Libra Law Firm to learn the full damages you may be entitled to. Our team is thorough in examining your case and determining your losses, allowing you to seek the maximum compensation you deserve.
Who is Responsible for an Orange County Construction Accident?
When pursuing legal action for your construction site injuries, it is crucial to determine who is liable for the incident. Liability rests upon the party whose negligent actions or wrongdoing directly caused the injury. Potential liable parties in construction site accidents are:
- Property owners: If the accident occurred due to hazardous conditions on the property or a failure to maintain a safe environment, the property owner could be held liable.
- Construction companies: General contractors and construction companies have a duty to ensure the safety of their workers and the work site. Unfortunately, many are negligent in implementing safety protocols, providing proper training, or maintaining equipment.
- Contractors and subcontractors: Individual contractors or subcontractors hired for specific tasks may be held responsible if their actions or oversights contributed to the accident.
- Supervisors and site managers: These individuals are responsible for enforcing safety regulations and overseeing the work site. Their failure to address known hazards or ensure compliance with safety standards could lead to liability.
- Machinery and equipment manufacturers: If the accident was caused by defective machinery, equipment, or tools, the manufacturer could be held liable for producing and distributing a faulty product.
- Architects and engineers: In cases where design flaws or structural issues contributed to the accident, architects or engineers involved in the project’s planning and design may be found liable.
Determining liability in construction site accidents can be complex, as multiple parties may share responsibility. An experienced Orange County construction accident lawyer can thoroughly investigate the circumstances surrounding the incident, gather evidence, and identify all potentially liable parties. This process is crucial for ensuring that you receive the maximum compensation you are entitled to for your injuries, lost wages, and other losses.
Compassionate Support for Your Recovery
At Libra Law Firm, we understand that recovering from a construction accident injury is not just a physical struggle, but an emotional and financial one as well. That’s why we provide compassionate support to our clients throughout the legal process. Our goal is not just to secure the compensation you deserve, but to help you heal and achieve a sense of justice.
Our lead attorney, Sultana Kelantan, is herself a survivor of harm, and she deeply empathizes with the challenges our clients face. She and our team are dedicated to ensuring that you receive the care and resources you need to heal and rebuild your life. From connecting you with top medical providers to offering emotional support and guidance, we are with you every step of the way.
Frequently Asked Questions
How long do I have to file a construction accident claim in California?
In California, the statute of limitations for filing a personal injury claim related to a construction accident is generally two years from the accident date. However, there are exceptions and nuances to this rule, so it’s crucial to consult with an experienced Orange County construction accident lawyer as soon as possible to ensure you don’t miss any deadlines.
Can I file a claim if I was partially at fault for the construction accident?
Yes, you may still be able to recover compensation even if you were partially at fault for the accident. California follows a “pure comparative negligence” rule, which means that your compensation can be reduced proportionally to your degree of fault. An experienced lawyer can help ensure that your share of fault is not overstated and that you receive the maximum compensation possible.
How much does it cost to hire a construction accident lawyer?
At Libra Law Firm, we work on a contingency fee basis, which means you don’t pay any upfront fees or costs. Our attorneys’ fees are a percentage of the compensation we recover for you. If we don’t win your case, you owe us nothing. This arrangement ensures that you have access to top-quality legal representation, regardless of your financial situation.
Were You or a Loved One Injured on a Construction Site? Contact Libra Law Firm Today.
Don’t hesitate to contact Libra Law Firm for a free, confidential consultation. Our experienced Orange County construction accident lawyers will fiercely protect your rights and help you obtain the compensation you deserve. Call us today at (888) 565-3214 to schedule your consultation and take the first step towards justice.
