There are thousands of injuries and accidents on construction sites each year. Typically, injuries involve construction workers on the site, but there are also incidences involving non-construction workers who are visiting or on the site by chance. Due to the ever changing nature of construction sites, as well as the frequent use of power tools and heavy machinery, injuries can be very serious and there can include extensive property damage in construction site incidents. Because physical and material damage is often severe, construction site injury cases can carry high penalties and large compensation. If you or someone you know has been injured on a construction site, contact an accident lawyer in Fairfield immediately.
Common causes for construction site injuries and damage include but are not limited to the following:
These types of instances can cause serious injuries and even fatalities. Some of the more common injuries include:
According to California law, the primary contractor is to be held liable in successful cases against them. There may be other individuals who are more directly involved in the incident, but the primary contractor is almost always responsible for maintaining a safe environment. If complete supervision and control is given to a subcontractor, the liability of the owner may be reduced or eliminated. Other individuals or parties that might be liable in an accident include subcontractors, construction managers, site owners, equipment manufacturers, and engineers. Every incident is different and because many parties can be involved, seeking the consultation of an experienced accident lawyer in Fairfield is the best approach in determining your qualification for compensation.
Like all work environments, employers have a duty to ensure and enforce safety protocols. These expectations are also required by general contractors and property owners who must provide a safe work space, warning signs of any dangers or hazards that are not obvious and maintain the safety of the construction site. If you feel your employer, contractor or property owner neglected in the safety of a construction site, speak with an accident lawyer in Fairfield.
Even if control and supervision is allocated to a subcontractor, property owners and general contractors are liable for injury in the following instances:
There is a caveat with construction site accidents every employee should be aware of. In accordance with California law, employees of the property owner or contractor are not permitted to sue their direct employer for negligence so long as worker’s compensation insurance is provided. This usually means that a construction worker is not able to sue their contractor. The benefit to this is that if an individual can prove he or she was injured on the job, they are entitled to compensation without the need to prove fault. The unfortunate part of this situation is that worker’s compensation is extremely modest and doesn’t nearly cover the expenses and lost wages of an injury – nor does it compensate for pain or emotional distress. However, an employee of the contractor may sue the property owner and an employee of the owner may sue the contractor if actionable negligence can be established. No case is ever the same so speak with an accident lawyer in Fairfield who can evaluate your specific situation and advise.
What is “actionable negligence?” Property owners and contractors can not be held liable for obviously dangerous conditions as the workers ought to recognize and avoid these dangers. However, property owners and contractors are required to remedy a danger, even if the danger is obvious, if construction workers are likely to encounter this danger while going about their jobs and it is foreseeable that this danger could cause injury. As it was an obvious danger, the property owner or contractor may not have had an obligation to warn their workers of the danger, but they may have had an obligation to remedy the danger.
A spouse of an injured individual or a survivor in the case of wrongful death may bring a case against the defendant for loss of wages, loss to society, and the cost of care and comfort for the injured individual.
Injury cases are often very complex, with multiple plaintiffs and defendants, claims and counterclaims, as well as third party involvement. It is very important to seek knowledgeable representation from an accident lawyer in Fairfield that you can trust to work hard on your behalf to get you the compensation you deserve.
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