The construction industry is at the heart of the American economy. Without it, there would be no housing for our communities or code-compliant buildings in our cities and neighborhoods. While it plays a vital role in society, it has earned its reputation as one of the most dangerous, mainly because of the use of heavy machinery and construction edifices.
In this blog, you will learn about construction accidents and how they relate to workers' compensation claims.
Understanding Workers’ Compensation Claims
Injuries on construction sites happen ever so often. As a result, the State of California requires that construction companies maintain workers’ compensation insurance coverage to compensate injured workers, as explained by compensation attorney Scott Silberman of Silberman & Lam LLP.
Below are some of the common construction site accidents covered under workers’ compensation insurance coverage:
Falls
These account for approximately 35 percent of all construction site accidents. Workers may fall off scaffolding or ladders, suffering injuries that differ in severity.
Accidents Involving Machinery
It's normal for construction sites to utilize heavy machinery. While contractors and construction companies try to train employees on safe operation, it may not always be enough to prevent an accident. When a construction worker gets injured while operating machinery, they are entitled to workers' compensation benefits.
Accidents Involving Vehicles
It is common for traffic to be rerouted or slowed down when there is construction. Impatient drivers may perform reckless maneuvers that can harm construction workers. Here, the victim is entitled to reimbursement for medical expenses, temporary disability, permanent disability, and retraining through workers' compensation coverage.
Trips and Falls
Construction sites may not be the most aesthetically pleasing. Dishevelled areas are common, increasing the risk of trips and falls. No matter how much work is done to keep the construction site organized, accidents can and do happen. Fortunately, victims can get compensated through workers' compensation.
Electrocutions
Construction sites near power lines and sources put workers at risk of electrocution. Despite safety measures to prevent such incidents, they do happen when vehicles and machinery hit power lines by mistake. Victims can report an incident to benefit from compensation.
Sometimes, innocent passersby and bystanders may be injured at a construction site. Since they are not construction employees, they can pursue compensation through a regular personal injury lawsuit.
That said, personal injury lawsuits are governed by the four concepts of negligence as outlined below:
- Duty of care- The bystander must prove that the construction company owed them a duty of care by acting in a manner that ensured their safety.
- Breach of duty- The bystander must prove that the construction companies breached their duty of care towards them.
- Causation- Next up, the bystander must draw a direct link between the construction company's actions or lack thereof and the injuries accident that led to their injuries.
- Damages- Finally, the plaintiff must show the damages they incurred due to the injuries in the construction site accident, including medical expenses, pain and suffering, lost income, and loss of quality of life, among others.
The Need for an Attorney
Consulting with a qualified California workers’ compensation lawyer is ideal if you have been injured in a construction site accident. These professionals are trained to take on such cases. They understand the complex process of filing a workers' compensation claim and the sophisticated legal doctrines involved.
Conclusion
Construction sites can be dangerous, but workers and even bystanders have rights if they are injured. Understanding workers' compensation and personal injury claims is essential to getting the help and compensation you deserve.
If you’ve been hurt in a construction accident, don’t wait—seek medical attention and talk to a qualified attorney. An experienced workers’ compensation lawyer can guide you through the process, protect your rights, and help you recover the benefits or damages you’re entitled to. Your safety and well-being should always come first. Remember, taking quick action after an accident can make all the difference in your recovery and your case.
Don’t hesitate to reach out for legal support to ensure you’re fully protected and fairly compensated.
