Accidents happen on and near California construction sites all the time because of naturally hazardous conditions that include the presence of heavy and sharp building materials and equipment, large numbers of workers performing different tasks in close proximity, and disruptions to nearby vehicle and pedestrian traffic. One or more contractors, subcontractors, project managers or even property owners might also allow unsafe working conditions that adversely impact workers, visiting vendors, and members of the public.
Given all the potential involved parties and causes of accidents, it's important for victims who experience physical, financial and other types of harm to understand their options. Read on to learn more...
An Overview of Personal Injury in California
Any person injured on or near a government construction site receives only six months to file a personal injury claim in court. For non-government sites, they receive only two years. Research alone for a lawsuit can take three to six months.
A personal injury claim is typically considered valid when one or more parties attached to the site failed to prevent harm or even caused it. California's comparative negligence laws allow an accident victim to file their claim against anyone suspected of fault.
In a shared liability accident case, the court assigns percentages of the fault and associated damages across all parties, which means that some parties must pay more than others if the court finds in favor of the victim plaintiff in the case. That said, if the injured person also behaved negligently or recklessly, they must also share some fault. When that happens, they can't recover the full amount of their damages.
A Deep Dive into Potential At-Fault Parties
When a person contributes to their construction-site accident, a judge might consider them entirely at fault or assign a percentage of fault with one or more third parties, such as architects, engineers, employers, contractors, subcontractors, manufacturers, vendors, and property owners. California requires most of these parties to have liability insurance to help cover the costs of an accident. Negligent parties sometimes allow their insurance or even their licenses and permits to expire.
Architects and engineers must provide accurate and safe construction blueprints, guidelines and plans. If they fail in this area, they can become liable for any accidents. An employer is required under California law to provide a safe working environment and appropriate safety training for all employees. Licensed contractors and subcontractors must also follow specific safety rules and other regulations.
Although a court might hold a specific subcontractor liable for causing an accident and subsequent injury, the contractor that hired them can also be held accountable for failing to manage the site appropriately with safety in mind. Equipment manufacturers typically face legal repercussions for inadequate instructions and safety warnings, malfunctions and defects.
Property owners are usually held accountable when they fail to perform their due diligence when hiring contractors and take on workers who have a previous history of negligent and reckless behaviors. Victims can also pursue claims against owners who failed to guarantee that a site was safe for workers and the public or previously agreed to accept some liability.
Common Construction Site Accident Examples
On-site workers perform a wide range of tasks from start to end of a construction project. Contractors and subcontractors might perform site excavation and removal of soil, old materials and waste. Other common jobs include installation of underground and building cables and plumbing, main structures, windows, electrical systems, equipment and landscaping.
Any number of accidents might occur in diverse environmental conditions. For example, an excavation laborer might fail to read property details correctly and hit an electrical or gas line while digging; a carpenter might drop their tools on someone while installing window frames; an electrician might fail to warn nearby workers of live wires; or a worker might become exposed to hazardous chemicals that someone failed to store properly. Falls are also a common injury at construction sites and fall protection is one of the most frequently cited OSHA violations on California construction sites.
A delivery driver for a vendor might hit a pedestrian because they couldn't see around construction materials that blocked their view. Tools might suddenly malfunction and cause burns, cuts and other serious injuries. Plans with incorrect instructions or other information might cause the eventual collapse of an entire building.
Personal Injury Options: Workers' Comp vs. Lawsuit
A worker can attempt to go through the no-fault workers' compensation program to acquire compensation for their injuries. When they become ill or injured and notify their direct supervisor within 30 days, their employer must provide at least first aid and primary medical care. If they have a valid claim, they can receive other workers' compensation benefits, such as temporary or permanent disability payments.
If they can no longer work in their previous occupation, they might receive funding via a voucher through the Supplemental Job Displacement Benefit that helps them pay for anything related to career development, new skills and training for a new position. Workers who receive less money via disability payments than their normal earnings can apply for a one-time payment via the Return-to-Work Supplement Program. Any surviving dependents of a deceased worker after an accident can apply for death benefits to cover burial and shared lost income for a period equal to the length of temporary disability payments.
Legal Claims Against At-Fault Third Parties
When a victim believes another party other than an employer has some fault, they have the right to file for compensation related to a wide range of injuries that include current and future medical costs, emotional distress, loss of income, pain and suffering, and wrongful death. Most victims file a legal personal injury claim in a local California court because the money from workers' compensation benefits and insurance claims isn't enough to cover financial and other losses.
In all accident scenarios, the best option for a victim is to seek legal representation from a professional personal injury lawyer who has experience with construction site accidents. To prove their claim, they need a lot of evidence that they might not be able to gather on their own, including police reports, accident photos, traffic camera videos, expert testimonies, medical records, safety and violation reports, maintenance and safety inspection records, and witness statements. All of this research requires a lot of available energy, money and time.
Additionally, a lawyer can provide guidance that helps a victim determine if they should accept a settlement or continue their pursuit of compensation in a court. A personal injury lawyer can help them negotiate the best possible outcome.
Lastly, a personal injury attorney can help file a complaint and request for an investigation on the victim's behalf with the California Department of Consumer Affairs Contractors State License Board, if applicable. This type of request can help prevent a negligent contractor who displayed past negligent behavior or caused injuries that cost more than $10,000 from causing future harm to others. The CSLB has extensive reporting, investigation and other processes that many victims can't handle without help from a professional lawyer.
