Do You Call a Construction Injury Attorney in an Accident?

Construction sites are dangerous places. People can get hurt very easily if they're not careful. If you're hurt in a construction accident, you might be able to get compensation from the company that owns the construction site. But do you call construction injury attorneys immediately? 

Table of Contents

1. Examining Your Rights and the Parameters
2. Liabilities for Property-Related Concerns
3. Liabilities for Equipment-Related Concerns
4. Bystanders Are at Risk, Too
5. How about the Rights of Workers?
6. Other Provisions
7. Get the Best Representation from Mendez & Sanchez Law

Not exactly.

Examining Your Rights and the Parameters

Construction workers often experience minor cuts and scratches due to their work. However, an accident that results in more serious injury can keep the worker out of commission for weeks or months. A lawsuit might be filed against the employer if the worker is injured.

You usually can't sue your employer if you get hurt at work. You can usually only file a no-fault claim with your workers' compensation insurance. But the only time to reach out to construction injury attorneys is if your employer did something wrong on purpose or if they knew something was going to happen and didn't do anything to stop it, you might be able to sue them.

Liabilities for Property-Related Concerns

Construction sites can be a problem for people who own property because they must ensure their property is free of dangerous conditions. For example, they might have to deal with broken steps or railings that are not safe. However, sometimes you must make a mess before fixing it.

A property owner is more likely to be sued if someone is injured on their property while it is under construction. If the site owner did not take proper precautions to make the area safe, they could be liable for accidents. It is in these instances that your employer is responsible for damages, and you can seek construction injury attorneys:

• Lack of guardrails.
• Open holes.
• Missing steps.
• A falling object.
• A missing warning sign.

Liabilities for Equipment-Related Concerns

The term product liability means it is the responsibility of a product manufacturer or seller to compensate a customer for injuries or damage caused by a defective item. In construction site accidents, if a piece of construction equipment fails and causes an accident, the company that made or sold the equipment may be held responsible.

A person injured by a construction equipment can sue the manufacturer of that equipment. The lawsuit can seek compensation for personal injuries, lost wages, disfigurement, or temporary or permanent disability. These are where construction injury attorneys are needed.

Bystanders Are at Risk, Too

If workers are careless while working on a construction site, they can hurt innocent bystanders even if they don't work for the company. People can get injured from falling materials or unsafe conditions that workers create. Thus, the victims can seek help from a lawyer in situations like:

• Claims for premises liability.
• Poor site supervision or management.
• Lack of protocols or equipment to ensure safety.
• Employing, supervising, or retaining employees with poor safety records.

How about the Rights of Workers?

Construction workers in California are protected by various laws that prevent them from being injured on the job. These laws cover everything from safety regulations to workers' compensation. Let’s explore them below:

• General contractor and owner liability: A construction project's owner and general contractor owe a duty of care to the construction workers on the site. This means they must take reasonable steps to ensure the workers' safety and protect them from potential hazards. 
  
  The owner and the general contractor may be liable for their negligence if a worker is injured or killed due to a workplace accident. This is why they must properly enact these measures:

1. Ensure the property is safe for workers.
2. Warn workers of any potential dangers on the property.
3. Provide workers with the proper safety equipment.

• Preclusion in worker’s compensation: Even a construction firm’s management is legally protected from lawsuits by the following provisions:

• An employee of a general contractor is not allowed to sue their employer if the employer has workers’ compensation insurance. The only action left for the employee to do is to get workers’ compensation benefits.

• The Exclusive Remedy doctrine prevents employees from suing their employer for injuries they sustained at work. This doctrine applies to both general contractors and owners of a construction site.
  
  Both scenarios require construction injury attorneys to file the case on the employee’s behalf.

• Actionable negligence: One of the few times a worker employed by a general contractor can sue is when they’ve proven that the construction site owner was negligent, otherwise known as actionable negligence. Similarly, if a worker employed by a site owner can prove that the general contractor was negligent, they can sue the general contractor.

Other Provisions

• The general contractor and construction site owner must take reasonable measures to prevent workplace injuries. This includes taking precautions in hazardous work situations.

• The owner or contractor of a construction project could be held liable if they were aware of a dangerous situation and did not take steps to correct it, even if the danger was clear to workers on the site. The liability of an owner or general contractor cannot be based solely on their failure to provide a warning to workers of a dangerous situation if the worker should have been aware of the danger. 
  
  This means that if there is an obvious danger on a property, the owner and general contractor are not required to warn people about it.

• The liability of an owner or general contractor cannot be based solely on their failure to provide a warning to workers of a dangerous situation if the worker should have been aware of the danger. The owner or contractor of a construction project could be held liable if they were aware of a dangerous situation and did not take steps to correct it, even if the danger was clear to workers on the site. 
  
  On the other hand, the contractor or owner may not be held responsible for any issues that arise if they delegate full control to a sub-contractor. This means that if an owner hires a sub-contractor to oversee a construction project, the owner may not be held responsible for any accidents or injuries on the site.

Get the Best Representation from Mendez & Sanchez Law

Ensure you get the claims you deserve by working with Mendez & Sanchez Law! We’re a team of Los Angeles construction injury attorneys who will help you through the challenging landscape as we get what is due. Book your appointment through our website right now!