Frequently Asked Questions About Los Angeles Construction Accidents
Construction Accident Frequently Asked Questions, Answered
If I got hurt on a construction site, who can I sue?
Typically, you can sue any person whose negligence caused your injury (other than the employer). If you got hurt because of your employer’s carelessness, compensation might be limited to workers’ compensation. Before you file a construction accident claim, you should first report the incident and contact a construction accident lawyer to seek legal guidance.
Can I still pursue a lawsuit if I’m collecting workers’ compensation?
Yes – you can still file a lawsuit against someone (outside your employer) if you’re collecting workers’ compensation. Unfortunately, workers’ comp will never provide you with the total amount of benefits you need; although, with most life-threatening injuries, you can bring a lawsuit to recover losses and damages against other negligent parties.
What happens when a visitor gets hurt on-site or near the site?
If you are not a construction worker and got hurt, you can sue anyone responsible for your pain and suffering. Everyone on-site has a duty of care at work to operate under safe working conditions, which especially extends to guests.
What rights do subcontractors have if they get hurt on a construction site?
Claims brought by subcontractors are often complex. When injured, the liability falls on the general contractor or owner of the construction site. Why? They are responsible for operating and using “ordinary care” to establish safe conditions by:
- Educating employees
- Providing safety equipment
- Warning of possible risks and dangers
We understand that mistakes happen, and that dangerous conditions can happen at a moment’s notice – but the moment an owner or general contractor is informed, they need to address it and undergo proper protocol to fix it.
If those conditions occurred because of another subcontractor’s carelessness, you could sue them for causing your injuries instead.
How can fall protection increase my safety while working?
Most jobs require construction workers to operate above the ground. In the U.S., falling is the leading cause of severe injuries and deaths on-site. Per the Occupational Safety and Health Administration (OSHA), employers are legally responsible for preventing injuries by providing the following:
- Fall arrest systems
- Handrails, guardrails
- Safety monitoring systems
- Access zones (controlled)
What damages are recoverable in construction accident cases?
The victim is entitled to recover damages for past and future medical expenses, past and future wage loss, past and future pain and suffering, (and if deemed that conduct is bad enough), punitive damages.
If the victim dies, their family members are entitled to recover full compensation for their economic losses that result from the death as well as emotional distress damages which stem from the loss of society care and comfort of the decedent. If the survivors can prove that the plaintiff lived for a period of time between the negligent act and death, they can also bring an action for punitive damages.
What are the statute of limitations in a construction accident case?
Typically, a person injured at a construction site or the family of a person killed in a construction accident has two years from the date of the accident to bring a lawsuit. This time period may be extended under rare circumstances for late discovery. If a public entity is any way involved, the claim must be brought within six months from the date of the accident.
What are the most common causes of construction accidents?
According to OSHA, there are four main types of construction accidents that are responsible for the deaths of more than 600 construction workers in an average year known as the “Fatal Four,” which include:
- Getting caught in equipment or machinery
- Being struck by an object
How often do construction accidents occur?
The Occupational Safety and Health Administration (OSHA) has reported that each year, one in ten construction site workers are injured and roughly 150,000 construction site accidents occur. Construction accidents are the most common type of work-related injuries since workers face higher levels of risk due to their proximity to heavy equipment and machinery, heights, and confined spaces.
Do I need to hire an attorney for a construction accident case?
Yes – Even if you believe that you were partly responsible for your own injuries or that your employer was solely responsible, you should still consult with an attorney who handles construction accident cases to determine if there is a potential case against someone other than your employer. The law in construction accident cases is extraordinarily complex and you need an experienced personal injury attorney who’s skilled in construction accident litigation.
Top Los Angeles Construction Accident Attorney
The first step after a construction accident and ensuring you have received adequate medical care is to contact a personal injury attorney. You have a right to recover damages for the injuries you have sustained and compensation for your medical expenses and lost wages.
If you or a loved one got injured in a construction accident in Los Angeles, call Grey Law Firm at 323-673-3655 today for a free legal consultation to discover what your rights and options are.
For 35+ years, our personal injury and construction accident attorneys at Grey Law have provided expert legal representation to our clients across Los Angeles courts. You can rely on our personal injury law firm to aggressively represent your case and investigate all possible sources of negligence and liability to recover the compensation and outcome you deserve.
Why Choose Grey Law For Your Construction Accident Case?
- Proven Track Record
- No Fees Unless We Win
- 35+ Years of Trial Experience
- Dedicated Personal Injury Attorneys
- Maximum Recovery, Fast Settlements