Construction work is physically demanding and dangerous. Hazardous and treacherous conditions come with the jobs. Safety codes and procedures are routinely overlooked. Even a sprain or a broken bone can be devastating for a construction worker, who may no longer be able to do his or her job, even after healing.
If you or a loved one has been injured, there is no time to lose. It is imperative that the investigative process start immediately before evidence disappears, memories fade, and witnesses slip away. We empower you with our investigation, hard work, and legal skills, so you can make the right decision on what to do: Settle or go to trial.
Appel Law Firm advocates for injury victims who have been hurt in all types of accidents, including on construction sites. We offer free initial consultations and never charge a fee unless we recover money for you. Reach out today to schedule an appointment with a Walnut Creek construction accident lawyer.
What Are the Main Causes of Construction Accidents?
Every year in the U.S., approximately 72,000 construction workers are injured on the job. According to the U.S. Department of Labor Occupational Safety and Health Administration (OSHA), 99 construction workers are killed every week while working. In 2016, a total of 991 construction workers died as a result of their work-related accident injuries.
OSHA reports that there are four main causes of construction accidents. In fact, it refers to these as the “fatal four.” The Bureau of Labor Statistics (BLS) says that if the fatal four could be eliminated, more than 600 lives could be saved annually.
In 2016, the Fatal Four were responsible for 991 deaths. The four main causes of construction worker accidents, in the order of their occurrence, are:
- Falls. This includes all types of falls. For example, falls off ladders, off scaffolding, into elevator shafts, off roofs, or even into ditches or trenches.
- Struck by an object. This often occurs when equipment swings an object and hits a worker, or objects from higher levels of the project slip and fall and hit the worker below.
- Electrocution. Workers are electrocuted when power cords are frayed, drug through water, improperly grounded, or simply faulty.
- Caught-in-between accidents. This covers deaths from workers being caught in or compressed by equipment or objects, or being compressed under the weight of construction materials or dirt.
Nearly all construction workers will have at least one work-related injury during their career.
Can I File a Lawsuit for a Construction Accident?
In many situations, if you suffer a workplace injury, you are limited to filing a workers’ compensation claim. In California, workers’ compensation is an exclusive remedy, which means that you cannot typically file a personal injury lawsuit against your employer. Instead, you are limited to workers’ compensation benefits, including wage replacement and medical care.
As a result of this rule, if you are hurt at a construction site while working, you may only be able to file a workers’ comp claim. However, there are situations where you can file a personal injury lawsuit against your employer. These exceptions include:
- Intentional injury by or with the consent of your employer
- Fraudulent concealment of a dangerous condition or of your injury
- Your employer does not carry workers’ compensation insurance
- You were at work, but were not working
In addition, if you are an independent contractor who is not covered by workers’ comp, then you can pursue legal action for your injuries.
You may also be able to file a personal injury claim against a third party – someone other than your employer – who caused your injuries. This may include the owner of the property, a fellow construction worker, a construction company, a machine manufacturer, an architect or engineer, the general contractor or a subcontractor, or a city or government agency.
These types of lawsuits can be based on a number of different theories, including:
- Negligence
- Premises liability
- Product defects
- Vicarious liability
Negligence is a legal concept that is the basis of most personal injury claims. It is a form of carelessness. If you can prove that the at-fault party was negligent in some way – such as by failing to ensure that its heavy machinery operators were properly trained on the equipment – then you may be able to bring a lawsuit against them.
Premises liability claims allow an injury victim to hold a property owner liable for accidents that occur on their property. You can bring a premises liability lawsuit if the property owner failed to keep the property safe from dangerous conditions. For example, if you are doing a job at someone’s home and they fail to fix or warn you about a broken stair, and you fall as a result, you could pursue a claim against them.
Defective productive claims can be brought when a dangerous or defective product causes an injury, such as a nail gun misfiring and causes an injury. The manufacturer, designer, and/or seller can be held liable for manufacturing defects, design defects, and/or inadequate warning defects.
Finally, if another person causes a construction site accident while they are working, you could file a claim against their employer on a vicarious liability (respondeat superior) theory. Essentially, employers can be held responsible for accidents caused by their employees during the course of their work. For example, if a construction worker backs into you while operating heavy machinery, you could file a claim against their employer – who is more likely to have the money to cover your losses
Through a construction accident lawsuit, you can recover financial compensation for all of your losses. This may include money for medical bills, future medical treatment, lost wages, reduced earning capacity, pain and suffering, emotional distress, scarring, disfigurement, and loss of enjoyment of life. In some cases, you may even be able to seek punitive damages for intentional or reckless conduct.
A Walnut Creek construction accident lawyer can work with you to help you get the money that you deserve for your injuries. Reach out to the Appel Law Firm today to learn more about how we can help.
Experienced Representation for Injured Construction Workers
We have a long track record of successfully helping victims injured in construction accidents. We have also represented families of victims who have died in construction accidents. We will work with you directly and manage every detail of your case. You get our personal attention. You get our expertise in the intricacies of third-party construction accident law. Our ultimate goal: full compensation for you and your family.
We have represented clients in the following types of construction workplace accidents:
- Construction Site Fires
- Fall accidents
- Faulty equipment: cranes, safety devices, nail guns, man-lifts, hydraulic lifts, etc.
- Scaffolding accidents
- Refinery explosions
- Pipeline explosions
- Hazardous workplace conditions
- Ceiling collapses
- Forklift accidents
- Failure to provide safety protection
- Electrocution Accidents
- Fires
- Falling objects
- Injuries from lifting and repetitive motions
- Iron Worker Injuries
Each case starts with a free initial consultation with a Walnut Creek construction accident attorney. During this appointment, we will listen to your story and offer you legal advice on your rights and options. Depending on the facts of your case, you might be able to file a workers’ compensation claim and/or a personal injury lawsuit.
If you decide to hire our law offices, we will get to work immediately to build a strong compensation case. This may include interviewing witnesses, reviewing accident reports, gathering photos and videos of the construction accident scene, and requesting any official reports from the appropriate government agencies (such as Cal/OSHA).
We will also gather and review your medical records and other documentation, such as your paystubs. This will allow us to build a compensation claim. In a personal injury lawsuit, you may be entitled to damages for all of your losses, including:
- Economic damages pay for your direct financial losses, such as lost wages, reduced earning capacity, medical bills, future medical care, and property damage (if applicable).
- Non-economic damages pay for indirect losses such as pain and suffering, loss of enjoyment of life, emotional distress, scarring, and disfigurement.
- Punitive damages penalize someone who acted intentionally or recklessly. While punitive damages are not available in all personal injury cases, our Walnut Creek construction accident lawyers can advise you about whether you may be able to recover these damages in your case.
The potential recovery in a personal injury claim includes money for damages that aren’t covered by workers’ comp. In California, you may be able to recover medical care, temporary and/or permanent disability benefits, and supplemental job displacement benefits through workers’ compensation. While these benefits are critical to providing injured workers much-needed financial support, they are often not sufficient to cover your full scope of losses – particularly if you suffered a severe or catastrophic injury in a construction accident.
Our law firm is adept at analyzing construction site accident cases to determine if you may be able to file a third-party lawsuit. For each case, our goal is to help our clients recover maximum compensation. We will work collaboratively with you to help you get the money that you deserve for your injuries.
Once our initial investigation is complete, we will send a demand letter to the at-fault party’s insurance company. For example, if an employee for another contractor on the job site caused your injuries, we’d send the demand letter to that company’s insurer. The demand letter will set out the facts of the case and the legal reasons why the company is liable, and then will conclude with a demand for compensation.
Most personal injury claims are resolved outside of court. Whenever possible, our Walnut Creek construction accident attorneys will use our skills to negotiate a fair settlement for you. If necessary, we will take your case to trial to help you get maximum compensation for your injuries.
Remember: the insurance company’s goal is to pay out as little money as possible on your claim. This is true for both workers’ compensation and personal injury claims. The best way to protect yourself and get the money that you need to move forward with your life is by hiring an experienced lawyer who can navigate the process for you while advocating for your rights.
Let Us Help You
Being hurt at work can be physically, emotionally, and financially devastating. This is particularly true on construction sites, where the potential for a catastrophic injury is so high. Our law firm helps injured construction workers get the best possible outcome for their case.
If you have been injured in a construction accident and wish to speak to an attorney, please call us at (925) 938-2000 or use our contact form. Get your free legal consultation today with the Appel Law Firm LLP. Our Walnut Creek office is conveniently located near the Walnut Creek BART station.
