Construction Accidents
Construction sites are, unfortunately, the leading workplace for on-the-job injuries year after year. They present multiple and serious risks for injuries throughout any workday, and more often than not the injury is due to someone else’s negligence instead of the victim’s. If you or a loved one has been hurt on a construction job, contact the Oakland construction accident attorneys at Weltin, Streb & Weltin today.
According to the National Institute for Occupational Safety and Health, in 2009 there were 816 fatal work-related injuries in the construction sector – more than any other occupation. Severe non-fatal accidents are also common on construction sites. As any construction worker could tell you, safety is always discussed as the top priority on the job. While this is an admirable sentiment, however, the desire to complete a job quickly and maximizing profits often puts safety on the back-burner.
When a construction worker is injured on the job, he or she is entitled to compensation for their injuries. Usually, this compensation is achieved through the California workers’ compensation system, as all employers are required to have workers’ compensation insurance that covers all of their employees. Workers’ compensation provides coverage for medical expenses and some lost wages, even if the injury is the fault of the injured employee. However, with very few exceptions, a construction worker can’t file a civil lawsuit against his employer for on-the-job injuries, even if the employer negligently caused those injuries.
The California workers’ compensation system generally does not extend compensation for all losses suffered due to a construction accident, but it is the only resource for it. However, in some cases, a construction accident injury victim can sue the third party in a civil lawsuit if they were responsible in any way for the accident. Malfunctioning equipment, a non-worker interfering at the construction site, or other outside influence can also become the source of a third-party claim.
Most construction sites have many different multiple companies and their employees on-site, including delivery persons, subcontractors, and general contractors. If the employee of another contractor negligently acts in a way that causes harm, that contractor may be liable for your injuries. Recent court decisions have limited the ability to recover from contractors other than your employer, and it is a good idea to consult with an attorney to help determine whether you have a third party claim.
Other factors can also have an impact on construction accidents. In some instances, defective products can cause injuries. Improper warnings of the dangers of a product, dangerous equipment designs, or outright defects in the product can cause a seemingly safe product be unreasonably hazardous. Construction sites can also be dangerous for visitors or people simply passing by. Falling debris, loose gravel, damaged sidewalks and other dangers near construction areas can create a severe risk of injury.
The law office of Weltin, Streb & Weltin has successfully represented injured construction workers since 1972. Our knowledgeable and experienced Oakland construction accident attorneys regularly represent those who are hurt on construction sites in both workers’ compensation and third party claims, as well as in claims to recover unpaid wages. For a free and confidential consultation, call our office at (510) 251-6060.