Gaining employment is one hardship that most people have to overcome. However, employment, especially in the construction industry, comes with problems. Workplace injuries can occur anytime, and nobody is immune to these injuries. The construction industry has the highest workplace injuries as workers are surrounded by heavy equipment and operate complex machinery.

Every year, the construction industry sees thousands of accidents leading to severe bodily injuries and death. To curb these accidents, the state under California Occupational Safety and Health Administration (OSHA) has laid down guidelines that all employers should adhere to. As an employee, you place your faith in the hands of your employers for them to provide a safe working environment. Your employer can take the necessary steps to ensure your safety at the workplace. However, it may be challenging due to the number of people operating at the site and their different types of machinery. Your employer should ensure safety training for all employees at the construction site as this will help minimize accidents at the workplace. 

Sometimes, accidents can still occur despite your employer following the OSHA guidelines closely due to unforeseen circumstances. If you are involved in a workplace accident in Los Angeles, you do not have to worry as our attorneys at The Workers Compensation Lawyer Law Firm will look over your case and advise you accordingly. Regardless of the cause of your accident, our legal team will assist you and ensure that you are compensated for your injuries. The California workers' compensation law provides financial coverage for medical expenses and losses.

Construction Site Injuries

In most construction sites, workers do heavy and exerting physical work, including excavation, earthmoving, and trenching. Physical work can result in straining and overexertion, the number one cause of accidents at a construction site. These accidents will, in most cases, have the worker taking some time off from work to recuperate. When it comes to construction site injuries, they can either be temporary or permanent.

If you suffer permanent injuries, you may find that you cannot resume your regular duties. Some of these injuries include:

  • Paralysis
  • Nerve damage
  • Fractured bones
  • Blindness
  • Amputation
  • Spinal injuries
  • Traumatic brain injuries.

Common Causes of Construction Site Accidents

There are several reasons why construction site accidents take place. Common causes of construction site accidents include and are not limited to:

  • The owner’s or contractor’s failure to train construction workers on safety measures and precautions.
  • The employer’s failure to provide proper equipment and machinery.
  • Failure to give workers adequate safety equipment.
  • Failure to comply with state and federal guidelines and laws.
  • Poor safety planning by the employer, contractor, or owner.

Types Of Construction Site Accidents

Slips and Falls

In most construction jobs, you may work at a great height, requiring you to use scaffolding or ladders. If you lose your footing, you may fall, resulting in severe head injuries, paralysis, broken limbs, and even death. You can take preventive measures like wearing knee pads or a helmet while working from great heights. Additionally, you should ensure that the ladder you use is secure and placed correctly. If you are using scaffolding, your employer or contractor should ensure that the walkway is guarded to ensure it is safe to access the site.

Tripping

Tripping is another type of accident that occurs at construction sites. You can tell over blocks, cables, and sometimes falling into holes dug on the ground. To minimize this type of accident, you should clear away objects from the construction site. Always maintain a clean, neat, and organized working environment.

 Falling Objects

 Another type of accident that takes place at a construction site involves falling objects. Some of the cases of fall accidents at construction sites are:

  • Failure in marking openings and trenches correctly.
  • Improper construction of scaffoldings.
  • Lack of appropriate railings and harnesses.

Sometimes the object may fall from a great height or not far from you, but it may weigh a lot. You can easily avoid this type of accident by securing objects and machinery that are at a great height.

If an object falls on you, it can cause head, shoulder, and spinal injuries. When an object falls on you, you can sustain minor injuries like slight cuts and bruises to severe injuries like a traumatic brain injury. To prevent this type of accident, always ensure you are wearing your protective gear like knee pads or helmets. Also, always ensure that your communication lines are open.

Faulty Equipment

When you report to work, ensure your equipment is in good condition before using it. If the equipment or machinery belongs to your employer, report it as soon as you realize it is faulty. If the equipment breaks down during work, ensure you report it or have it repaired to prevent accidents.

Noise Hazards

Sometimes your work may require heavy and loud machinery. This machinery produces a lot of noise which can be deafening, especially if you have no precaution against them. If you work in a noisy environment, you risk experiencing hearing loss and numbness over time. You can protect your ears by wearing ear protection like ear defenders. Also, you can help protect your ears by reducing the noise level.

Additionally, the vibrations from these types of machinery can cause severe nerve damage in your limbs, resulting in losing grip strength. Always follow safety procedures and use the device properly. It is essential to know how to handle this equipment and machinery to avoid suffering from noise pollution.

Heavy Equipment or Machinery Accidents

Movements throughout the day usually characterize construction sites. If you are operating heavy machinery, you should look for any activities near you.

Accidents Resulting from Harmful Substances

Sometimes you may be injured when you come into contact with or inhale harmful or toxic substances. You can prevent this injury by wearing body suits, gas masks, and gloves.

What To Do After Suffering A Construction Site Injury

California ensures that all construction workers are entitled to several benefits after suffering a work-related injury.  To ensure that your workers' compensation is fair after suffering an injury at your workplace, you should take the following steps:

Report the Incident

Report the accident to the management or your immediate supervisor as soon as possible. You should make this report even in a situation where you do not recognize or realize you are hurt immediately. Sometimes, you may not recognize an injury right away due to adrenalin, but if you realize you were injured in a workplace accident, your previous report will help you later.

Seek Medical Assistance

After reporting to the management or your supervisor, the next step is to seek medical attention. The law requires your employer to provide medical treatment if you are injured at work. It is important to note that you are entitled to medical treatment after suffering a work-related injury, even when you do not miss work.

In California, the law requires your employer to authorize medical treatment worth up to $10,000. With this amount, ensure you seek appropriate medical assistance. While recuperating, the law requires your employer to provide you with light duties if possible.

Fill In Form DWC-1

After reporting your accident to your supervisor, your employer should present you with a workers' compensation application form in person or via mail within one day. If the employer does not give you this form, you can make an online request to the Department of Industrial Relations. While filling in this firm, carefully read the entire document, and see the benefits you can recover.

Give a detailed description of your injuries

When filling out this form, ensure that you give a detailed description of your injuries. Afterward, sign the form and take it to your employer. If you can not give your employer the form in person, ensure you use first class postage and request a return receipt which you can use to verify that your employer received your workers' compensation application form.

Send form DWC-1 to the claim administrator

After receiving the form, your employer should complete and return it within one day from the time they received the form. You should note that the law requires your employer to complete the form within one working day. Once the completed form is back in your hands, please send it to the claims administrator within a day.

Seek Legal Advice

Under the Department for Industrial Relations, it is not compulsory to have legal representation when filing a workers' benefits compensation form. However, the law makes it clear that you can seek the advice of an attorney, especially if you have a complicated case. Legal fees should not concern you greatly, as you can pay your attorney for your benefits after you make your claim.

A work-related injury may have long-lasting effects on your life. The compensation process can be complex, which may intimidate you. Therefore, hiring an experienced workers' compensation attorney will make it easy to deal with your employer's insurance company which will be out to ensure their client's benefit. Your lawyer will be looking out for your interest.

Documentation

Take photos of the injury and the accident site. If there were any witnesses, take note of their names and other relevant details. Ensure to save all records and paperwork. The records should include receipts for medical care and records showing lost time from your work, among others.

Who Qualifies To Sue After Work-related Construction Site Accident?

The law has placed limitations on the rights of construction workers from suing their employers or any liable party in a work-related accident. Still, if you are injured due to the negligence of another person or party who is not your employer, you can bring a case against them.

Typically, you can only make a compensatory claim from your employer or the constructor directly from workers' compensation insurance. Therefore, after a work-related accident, it is crucial to seek the advice of your workers' compensation lawyer. Your attorney will determine what your rights are in your situation.

General Contractor's and Owner's Duty to Construction Workers

The owner of the property where the construction work is going on and the general contractor who is supervising the work can be liable to you if they fail to:

  • Provide a safe working environment.
  • Warn you about hidden dangers.
  • Keep the construction site reasonably safe.

Suing Your Employer After a Construction Site Accident

The law requires all construction companies to have workers' compensation insurance in California. In case of a construction site injury, this insurance cover will take care of the injured employees. The workers' compensation insurance prohibits employees from suing their employers and other coworkers after suffering a work-related injury.

Preclusions To a Workers Compensation Claim

Under the law, there are some circumstances whereby you can not make a workers' compensation claim. They include:

General contractor's Employees Cannot Sue Their Employer

The Law prohibits you as a general contractor's employee from filing a lawsuit against your employer, as the law requires your employer to have mandatory workers' compensation insurance. This preclusion is known as the "Exclusive Remedy" under workers' compensation. It ensures you can not sue your employer for negligence, as you will be compensated under workers' compensation benefits.

The exclusive doctrine is a no-fault system, where all you will need to do as an employee is to prove that your injury is work-related, and you will recover your workers' benefits without proving who was at fault. One disadvantage of this doctrine is that your compensation will be meager and sometimes can not cover your damages.

Under workers' compensation benefits, you will only receive a certain percentage of your wages. The benefits do not cover your emotional pain or suffering.

Employees Of The Construction Site Owner Cannot Sue The Site Owner

If you are an employee of a construction site and are injured at the workplace, you can not sue the owner for negligence under the exclusive doctrine.

Circumstances Where You Can Sue The General Contractor or Owner For Negligence

Sometimes as a general contractor employee, you can file a lawsuit against the property owner if you can prove they committed or allowed actionable negligence. Also, you can file a lawsuit against the contractor if you can prove they committed actionable negligence.

Actionable negligence is a term used in workers' compensation to mean that the owner or the general constructor failed to warn the worker of a potentially dangerous situation and to rectify the condition. Therefore, even if the worker exercises due care, the foreseeable danger could end up causing injuries. However, if the dangerous situation should or was obvious to the worker, then the owner or general contractor will not be liable for the worker's injuries.

Workers' Compensation for Construction Site Injuries

After a work-related accident, you may face financial challenges as you struggle with medical bills and other expenses. You do not have to worry as the workers’ compensation will cover your medical costs and your loss of income when you are recuperating and unable to work.

Medical expenses

You will have to spend more on rehabilitation if you suffer severe injuries from your construction site accident. You will therefore require sufficient compensation to cover your past, current, and future medical expenses and rehabilitative therapies. Your workers' compensation attorney will help you to determine your medical expenses as they can bring in expert testimonies of medical doctors.

Loss of Income

When it comes to loss of income, your workers' compensation lawyer may seek the expert opinion of economists to determine the value of your lost and expected future earnings.

Pain and Suffering Damages

Pain and suffering are other elements in the damages you can sue for that, including even emotional turmoil. Unlike medical expenses, there is no way to determine your level of pain or suffering. Therefore, your compensation for pain and suffering will depend on the accident location, the seriousness of your injuries, and how your workers' compensation lawyer presents your case.

Loss of Consortium

Your spouse can sue for loss of consortium. In this case, your spouse will recover damages for the loss of comfort that resulted from the work-related injuries. To recover these damages, you or your attorney should name your spouse as a party in the lawsuit. Additionally, it would be best if you had been married at the time of the accident. Always discuss with your workers' compensation attorney the pros and cons of filing for loss of consortium before filing your claim.

Punitive Damages

To claim these damages, you must prove to the court that the conduct of the party liable for the accident was malicious, fraudulent,t and despicable. Punitive damages aim to punish the liable party and to set a precedent against such behavior. Punitive damages focus on the role of the responsible party rather than on your injuries.

Vocational Training

If your injuries necessitate a career change, you can request vocational training. This training will ensure you can still make a living despite your injuries.

Unfortunately, obtaining the compensation you deserve after a construction site injury can be an uphill task. You should seek the assistance of a workers' compensation attorney to fight for you and ensure your compensation is sufficient for a full recovery. Hiring a lawyer will also give you ample time to concentrate on your recovery.

Construction Site Accident Resulting in the Death Of a Loved One

If your loved one dies as a result of a construction site accident, you can file a lawsuit for:

  • Loss of consortium.
  • Funeral expenses.
  • Damages.
  • Loss of comfort and care.

When it comes to these damages, the law will determine the type of compensation available to you.

When Is A Workers' Compensation Available?

Workers' compensation is available when:

  • An employee is personally negligent.
  • The employer is negligent.
  • Some conditions causing the accident were not due to anyone's fault.

Filing a Third Party Claim

As a construction site employee, sometimes you can file a third-party lawsuit against the following parties after a construction site accident:

  • Property owner.
  • Construction company.
  • Insurance company.
  • Automobile owners.
  • Government agencies.

Filing a third-party lawsuit will allow you to claim a broad range of benefits that will include:

  • Medical expenses.
  • Loss of income.
  • Loss of earning capability.
  • Pain and suffering.
  • Loss of consortium.

A third-party lawsuit will enable you to claim a much higher compensation than you would receive from a workers' compensation insurance claim alone. However, when you are filing a third-party claim, you will have to bear the burden of proving that the party was negligent. Additionally, if you are successful in your lawsuit, your employer may take a portion of the compensation to cover your workers' compensation payments. Alternatively, your lawyer may request them to join you in your lawsuit against the third parties, which will go a long way in strengthening your case.

What Happens if You Are a Bystander Injured at the Construction Site

Sometimes you may be injured at the construction site when you are not a construction site worker. In this case, you can file a personal injury lawsuit for compensation for your damages. The liable party for your injuries will pay for the damages.

Statute Of Limitations

California allows personal injury cases to be brought to court within one year from the date of the incident. In some rare cases, the law can extend this period to one year from the date you discovered the injury. You should note that if you file a lawsuit against a public entity, you will have up to six months to file your claim.

Find a Los Angeles workers' Compensation Attorney Near Me

When you suffer from injuries sustained in your workplace, filing and following up on a workers' compensation can overwhelm you, especially if your injuries are severe. You will need to concentrate on recovering, which may be difficult if you do not have the finances to cater for the medical bills. Hiring an experienced workers' compensation attorney will give you peace of mind. Also, if you have cause to believe that a third party was partially or fully responsible for your injuries, hiring an attorney to file a personal injury lawsuit will improve your chances.

Our dedicated attorneys at The Workers Compensation Lawyer Law Firm will help you file your lawsuit in Los Angeles. We will ensure that all details relevant to completing your case are in order and guide you while filing your claim. If you have any questions before deciding whether to file a workers' compensation lawsuit, do not hesitate to call us at  424-501-9228; we will answer them and guide you.