Sorting Out Liability in Construction Accidents
Construction work can be a dangerous affair, and many life-changing injuries and accidents take place on a work site. The vast majority of San Diego construction accidents are due to falling, electrocution, getting hit by objects, or getting trapped in a machine or other structure. Deaths from construction accidents have been on the rise in major cities, especially in places like New York as work intensifies to expand the city skyline. Employers at a construction site have responsibilities for workplace safety under guidelines from the Occupational Safety and Health Administration. Under these regulations, employers are obligated to keep the work site free of hazards, lay out a comprehensive hazard communication program, and make sure that construction workers are using safe tools and other equipment. Despite the safety stipulations that are in place, trying to figure out who is liable for a San Diego construction accident can be a difficult affair. You may find it helpful to consult with a San Diego construction accident attorney.
How Do I Figure Out Who Is Liable?
California law says that workers who are hurt on the job are entitled to compensation, which usually prohibits an injured worker from filing a suit against the employer. However, those who are hurt on the job have the ability to file a case against a third party, like a subcontractor or an equipment manufacturer, if they caused the injury in question.
After an employee or bystander is hurt in a San Diego construction accident, liability largely depends on who is controlling the area where the accident happened, and the status of the person who was hurt. The California Worker’s Compensation Act gives injured people the ability to be entitled to worker’s compensation benefits even if they are filly or partially responsible for their injury.
Many people involved in a San Diego construction accident try and file a suit against a third party because worker’s compensation claims usually do not adequately give enough money for damages.
Should I File a Third-Party Claim?
One advantage of a third party claim is they can net significantly more compensation than what can be accrued from worker’s compensation. Injured workers can get damages for lost wages, medical costs, pain and suffering, and impaired earning capacity. Since California permits comparative negligence, injured workers have the ability to pursue a third-party claim even if they or their employer is partially at fault for the injury. Damages can be assigned to a worker at a proportional rate if a court finds them partially at fault for an accident.
What Should I Do If I Want to Determine Who is Liable After an Accident?
The most important thing to do after a construction accident is to work with an experienced construction accident attorney as soon as possible. Since work sites change rapidly, evidence that can help a person win a liability case can be altered or destroyed as work progresses. The right attorney will be able to use their team to launch an investigation, secure necessary evidence, track down third-parties who could be involved in a case, and fight for a favorable comparative negligence ruling if necessary. If you have been injured in a construction accident, contact the experienced San Diego construction accident attorneys at Deldar Legal today to discuss your options.
Posted in: Workplace Accidents