The economic recession has slowed down several company finances but this factor did not stop several ongoing construction projects around Los Angeles and these projects are often seen as potential hazards to the general public, especially it the construction firm does not have any safety policy in place.
Construction site accidents often result from:
• defective materials
• faulty machineries and equipment
• poor or no safety procedures
• electrocution
• lack of protective gears and equipment
• general negligence
• falling debris from high-rise construction
• slips and falls
These conditions often result to:
• bone fractures
• respiratory diseases
• amputations
• paralysis
• spinal cord injuries
• brain injuries
• death
These are some reasons why there are California Occupational Safety and Health Administration (Cal/OSHA) laws that require employers to provide a safe working environment to their workers, especially construction laborers because they are at a higher risk of getting involved in an accident.
Cal/OSHA has a manual for Construction Safety that covers instructions and precautionary measures in using construction machines and equipment as well as a standard for other related work activities and trade.
In 2007, the Cal/OSHA reported that there were more than 1000 non-fatal injuries in the whole state. A few of these has led to the worker’s death or permanent disability thereby causing them and/or their families a significant economic loss.
A worker involved in an accident may pursue a claim with the Workers' Compensation Appeals Board but this government entity often award damages that are rarely adequate but there are construction workers, who were in an accident caused by a third-party, that have been granted more than just their Worker’s Compensation Claims by the high court.
Liable parties can include architects, site engineers, contractors, subcontractors, property owners, service providers and machinery and equipment manufacturers. Their liabilities will depend on the outcome of the investigation that will follow the accident but they are primarily suspected of committing workplace negligence. Third-party negligence, on the other hand, is often the result of subpar and reckless manufacturing practices.
If proven of negligence, owners, developers, subcontractors and others who have control over the safety procedures in construction sites are held liable and additional damages may be added to the benefits of the Worker’s Compensation Claim.
Personal injury attorneys often discuss that construction liability laws covers two types of liability:
1. The construction worker suffers an accident that does not fall under the scope worker’s compensation laws.
- An example of this is when a worker gets injured while performing his daily tasks and he gets into an accident with proven negligence on the construction company’s part.
2. The construction worker or a third-party suffers an injury in the construction site as a result of dangerous work conditions or by another party involved in the construction.
- An example of this is when a worker gets injured due to the actions of a third party in the construction site.
Construction liability lawsuits will involve a series of complex procedures so it is much advised to hire experienced attorneys to handle this kind of litigation.
To help you with
construction liability and other related cases, consult with our skilled
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