California Construction Accident Injury Guide
Unfortunately, there are situations in which things go wrong-either entirely accidentally or because of negligence or misconduct on the part of the employer. In these situations, it’s the construction employees who suffer. In the worst-case scenario, they lose their life, but others suffer permanent injuries including amputations, spinal cord injuries, and traumatic brain injuries.
Construction Site Safety
Just because an injury was not supposed to happen does not mean it was entirely accidental. Workers might be pressured to make production a higher priority than safety. Corners might be cut to ensure projects are completed on time or on budget. Where employers have endangered their employees, or where equipment has malfunctioned causing harm, such injuries are wrongful, not accidental and the victims and their families deserve compensation.
Filing a construction injury lawsuit against a negligent employer not only ensures your rights are protected; it helps prevent future accidents from harming more workers.
Our construction injury attorneys are committed to advocating for construction site safety. When employers are held financially responsible for their actions or lack of action it motivates them to change. In some cases, lawsuits have spurred safety regulations that protect workers from construction injuries.
Jobsite safety in the construction industry is vital to protecting the health and well-being of construction workers. We are committed to ensuring that when a lack of safety precautions or measures causes harm to construction workers, those responsible are held accountable.
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Featured C0nstruction Accident Attorney
Attorneys Brooks Cutter and Margot Cutter obtained a $10 million settlement during jury selection for a trip and fall accident that resulted in major injuries.
Brooks and Margot and their team are the best in their field, no matter what your legal needs are.
Construction Worker Injuries
Though construction injuries happen in all job types, there are some areas that are significant sources of wrongful construction worker injuries. These include ironwork, electrical, and heavy machinery.
Ironworker Injuries
Ironworkers are construction specialists who often work at great heights while also being required to handle heavy equipment and tools. Among common construction, ironworker accidents are falls and falling objects. Employers are responsible for preventing spills and dropped objects by providing proper harnesses, gear, rigging, training, and safety precautions. Where they fail to do so, they are liable for the resulting harms.
Electrical Injuries
Construction workers are exposed to a variety of electrical hazards, from proximity to power lines to tools that use power and even to machines that can conduct energy from live or faulty wires. With proper training, safety precautions, and equipment maintenance, many electrical injuries are preventable. But sometimes employers fail to take reasonable safety measures to protect workers from shocks, burns, and electrocution. In such cases, employers must be held accountable for the resulting injury.
Heavy Machinery Injuries
Construction workers frequently work around or on heavy machinery, such as cranes, forklifts, and bulldozers. Employers are responsible for ensuring vehicles are properly maintained and workers are properly trained to use the heavy machinery. Not doing so is negligent on their part and they are liable for any injuries workers sustain as a result of that negligence.
Other Construction Injuries
There are many other types of construction injuries that cause considerable harm to construction workers and their families. If you have been injured in any type of construction accident, call our Oakland construction attorneys or our Sacramento construction attorneys to schedule an appointment to discuss your legal options.
You can recover all of your medical bills, lost earnings if you’ve missed work, and pain and suffering – which is often the biggest recovery if you’re significantly hurt.
Brooks Cutter,
Founder of Cutter Law
401 Watt Avenue Suite 100 Sacramento, CA 95864
1901 Harrison Street Suite 910 Oakland CA 94612
51 E St Santa Rosa, CA 95404
Frequently Asked Questions (FAQs)
1. Who can I sue if I was injured working at a construction site?
Every construction site accident is different and requires a thorough review of the facts before determining whether a construction accident lawsuit can be filed and who it can be filed against. Depending on your circumstances, you may have to file a workers’ compensation claim, or you may be able to file a personal injury lawsuit against the property owner, anyone whose negligence contributed to your injury or the manufacturers of any construction equipment or tools that caused your injuries.
2. Can I file a construction accident lawsuit?
You may be able to file a personal injury or product liability lawsuit, depending on the circumstances surrounding your injury. An experienced construction accident lawyer can review your case and advise you of your legal options, so you can make an informed decision.
3. What are common construction site accidents?
Unfortunately, there are too many construction accidents that are all too common. Among the fatal four accidents identified by the Department of Labor’s Occupational Health and Safety Administration (OSHA) are falls, being struck by an object, being electrocuted, or being caught in or between objects. Those types of accidents were responsible for 64.2 percent of construction worker deaths in 2015.
4. What damages can I recover in a construction accident?
Depending on your accident, you could recover compensation for lost wages, medical bills, rehabilitation, and pain and suffering. If you are a survivor whose loved one died in a construction accident, you could recover economic losses and loss of companionship.
5. Do I have to file a workers’ compensation claim?
That depends on the specific factors involved in your accident. You may be required to file a workers’ compensation claim.
6. Can I file a lawsuit if I was a subcontractor at the site?
It’s possible for a subcontractor to file a lawsuit against the owner or general contractor, depending on the accident itself. If either party was negligent or failed to maintain the working conditions in a safe and reasonably hazard-free manner, they may be liable for your injuries. It may also be possible to file a lawsuit if your injury was the result of defectively designed or improperly maintained equipment.
7. How long does a construction accident lawsuit take to settle?
That depends on how complex your case is. Not all lawsuits will result in a construction accident settlement. Some require a decision from the courts. In some cases, claims are resolved in months, but others can take more than a year. A construction accident lawyer can determine a reasonable timeline so you know what to expect throughout the process.
8. Why do I need a construction accident attorney?
The law concerning construction injuries and accidents is highly complex and there are many factors at play in a construction accident. There are also many factors to consider when filing a lawsuit, including any time limits on filing claims. An experienced construction accident attorney can help you with the process and determine whether you have a valid claim.
9. What should I do if I have been in a construction accident?
If you have received a construction injury, seek medical attention as soon as possible. It’s important that you have a doctor diagnose any injuries and get necessary treatment started quickly. Write down your recollection of the accident and, if you can, take photos of the accident scene. Contact a lawyer as early in the process as possible, so the lawyer can ensure evidence is preserved and witnesses are interviewed.
10. What should be done to protect workers from electrocution?
In a report on Construction Electrocution Hazards, the Occupational Safety and Health Administration (OSHA) provides five recommendations to workers, and nine requirements for employers to ensure proper protection for workers from electric shock injury:
| Worker Recommendations: | (1) Maintain safe distance from overhead power lines (2) Use ground-fault circuit interrupters (3) Inspect portable tools and extension cords (4) Use power tools and equipment as designed (5) Follow lockout – tag out (LOTO) procedures. |
| Employer Requirements: | (1) Ensure safety of overhead power lines, (2) Isolate electrical parts, (3) Supply ground-fault circuit interrupters, (4) Establish and implement an assured equipment grounding conductor program, (5) Ensure power tools are maintained in safe condition, (6) Ensure proper guarding, (7) Provide training, (8) Enforce lockout – tag out (LOTO) safety-related work practices, and (9) Ensure proper use of flexible cords. |
While it is significant for an employee to maintain these safety standards, it is a duty for employers to do so. Where an employer has not done so, and created a hazard for their employees in abandoning their duty, workers should not suffer.
Brooks Cutter obtained a large settlement on behalf of a worker who suffered a pelvic fracture as a result of an industrial incident.
Attorneys Brooks Cutter and Margot Cutter obtained a $10 million settlement during jury selection for a trip and fall accident that resulted in major injuries.
Our Experience
John Roussas, a partner at Cutter Law, has years of experience of successful construction litigation.
If you’ve been injured in a construction accident, make sure your rights are protected. Our California construction injury lawyers are available to discuss your options and explain your rights to you. Contact Cutter Law for a free case review either by filling out this form.
I had a very serious industrial injury and I was referred by a family friend to Brooks Cutter. He fought hard for my case and refused to back down to the large corporations we were up against. Brooks and his team were very responsive, and I appreciate how well things were explained to me when they didn’t make sense. As a result of this case, I have the resources I need to move forward with my life. I would certainly recommend Brooks Cutter and his team to my family and friends… Actually, I think I already have.
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You can sue government entities if defective road conditions cause an accident resulting in vehicle damage and serious injuries to you and your passengers.
Yes, a store is liable for a customer’s injuries when a dangerous condition on store property caused the injuries.
When an apartment complex fails to maintain a safe environment for its tenants and visitors, you can sue for any injuries resulting from its negligence.
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