There are many moving parts to a construction project. Property owners, suppliers, contractors and subcontractors, equipment manufacturers, and others each have their own specific roles. Accordingly, they must do their due diligence to avoid causing harm to others. When a person acts negligently and causes injuries, they must take responsibility. A San Diego construction accident attorney will get you compensated for your injuries.
Some common construction site injuries include:
- Broken bones and dislocations
- Electrocution
- Repetitive stress injuries
- Burns
- Traumatic brain injury
- Spinal cord injury
- Crush injury
- Hearing loss
- Eye Injuries
Due to the massive construction materials and equipment involved, many construction site injuries are fatal. These accidents are all the more tragic because they are often 100% preventable. Our San Diego personal injury attorneys pursue maximum compensation for all construction accident clients, so they look beyond workers’ compensation to third-party liability in construction accident cases.
Financial recovery is limited under workers’ compensation claims compared to potential recovery for personal injury claims. For example, non-economic damages, such as pain and suffering, are not recoverable under work comp claims, but they are recoverable in personal injury actions. If any person or entity outside of your employer is at fault or partially at fault for your accident, you may have a third-party personal injury claim.
Our law firm has represented injured construction workers and their family members in the San Diego area for more than 70 years. We have recovered billions of dollars for our clients, and we undertake all financial risks of litigation. You will not pay any out of pocket attorneys’ fees because we are not paid until you are compensated for your construction accident injuries and damages.
Congested Construction Sites in San Diego
As mentioned above, there are many moving parts in construction work, and multiple parties may be responsible for your injuries. Examples of third-party construction claims include the following:
- Manufacturer Negligence: If you were injured due to construction tool or equipment defects, you might have a product liability claim. Manufacturers and sellers of construction tools and equipment have a duty to make sure that their products are safe for use. They also have a duty to warn of any potential dangers. If their negligence caused your injuries, you might have a claim for your losses.
- Subcontractor Negligence: There is often a steady flow of different subcontractors moving in and out of construction sites as projects progress. Subcontractors are required to perform their work at construction sites with a high level of care and responsibility. If their negligence led to dangerous conditions or equipment operation that caused your injuries, you might have a claim against the subcontractor.
- General Contractor Negligence: General contractors are responsible for overall construction operation and site conditions. Substandard oversight can lead to construction dangers and accidents. These accidents and resulting injuries can often be traced back to general contractor negligence.
- Property Owners: In some construction accident cases, the property owners are responsible for construction work injuries. Property owners may not have a role in the work being done on their property, but they still have a duty of care to anyone on their property. For example, if a property owner fails to notify construction workers about a dangerous property condition, and a worker is injured as a result, the property owner may be responsible for those injuries and damages.
- Other Responsible Parties: Construction injuries are sometimes caused by people who are wholly unrelated to the construction project. Whether it is someone trespassing on the construction site or someone who is passing through a construction area, they are responsible for their conduct and actions.
When drivers move through construction zones, they should be aware of the presence of construction workers, and they should drive with heightened caution. If their negligence or recklessness, such as speeding or texting while driving, caused or contributed to your injuries, they may be liable under a personal injury claim.
Construction Dangers
Construction sites are full of potential dangers and hazards. Slip, trip, and falls are common construction accidents. Falls from heights often involve ladders, scaffolding, unprotected edges, and floor holes. Disorganized work areas, misplaced construction materials, and other construction zone obstructions are other common causes of trip and fall accidents.
Construction equipment is dangerous, and when not operated properly, serious accidents can occur. Construction workers can suffer injuries due to being struck or run over by construction vehicles and equipment. Poor equipment maintenance and defects are other common factors in construction accidents.
Electrocution is an unfortunate and preventable injury frequently suffered by construction workers. Coming into contact with overhead powerlines, working in cramped spaces, pools of standing water, contact with energized metal products, and defective extension cords regularly lead to construction site electrocutions.
Compensation For Construction Accident Injuries
Depending on the cause of your accident and the extent of your injuries, your compensation may include the following:
- Medical expenses – Medical expenses after a construction accident can add up quickly, especially when you have suffered severe injuries. Hospital bills, rehabilitation and physical therapy, pharmaceutical expenses, and other medical costs may be recoverable through an injury claim.
- Future medical expenses – If your injuries require future medical treatment and procedures, you may also collect compensation to cover those expenses. Severe injuries often require multiple surgeries and long-term rehabilitation and therapy.
- Lost wages – If your injuries caused you to miss work, your financial recovery might include lost earnings. If your injuries are permanent and you are unable to work or can only work in a reduced capacity, you might also have a claim for future lost earnings.
- Pain and suffering – Non-economic damages, such as pain and suffering, might be available depending on your case facts. In general, the amount of compensation for noneconomic damages is proportionate to the severity of your injuries.
Compensation For Fatal Injuries in San Diego, CA
When construction accident injuries are fatal, surviving family members and the decedent’s estate may have financial recovery options under a wrongful death claim and a survival action. Wrongful death claims are for the benefit of the surviving family members who have suffered losses. Although emotional damages such as sorrow and grief are not recoverable, compensation for a loved one’s death includes loss of financial support, loss of love and care, loss of sexual companionship, burial expenses, and loss of services.
Compensation under survival actions goes to the decedent’s estate. In general, survival actions are meant to recover compensation for the decedent’s losses between the time of the accident and his or her death. Like wrongful death claims, pain and suffering are not recoverable in survival actions. Losses that may be recoverable include the decedent’s lost wages, medical bills, and property damage. Punitive damages are sometimes awarded to the estate in survival actions.
Get Legal Help from a San Diego Construction Accident Attorney
For more than 70 years, CaseyGerry has been successfully representing people who were injured or lost loved ones as a result of someone’s careless behavior. If it happened to you and your family, our team of workplace accident attorneys and investigators can seek justice and compensation for the losses you should not have endured.
Our team has the resources, experience, and state-of-the-art investigative techniques to succeed. Two full-time investigators conduct thorough evaluations of every case we handle. They review construction contracts to determine fault. When appropriate, we work with consultants to help examine the site to uncover the hazards that led to the incident. Our San Diego work injury attorneys seek maximum compensation for our clients’ medical bills, lost wages, and other losses to bring them the care, security, and comfort they deserve.
If you or a family member was injured on a construction site, we can help. We welcome you to call CaseyGerry today at (619) 238-1811 or fill out our online form to schedule a consultation.
