Construction Site Accident Injuries Are Common in California
If you have been injured in a construction accident in Fresno or the Central California Valley, chances are you are not alone. Over 460,000 workers were injured or suffered an occupational illness during 2014 according to the U.S. Department of Labor’s Bureau of Labor Statistics. The Occupational Safety & Health Administration (OSHA) records data regarding construction accident and work related deaths. During 2014, 4,679 people lost their lives on the job (more than 13 people each day). Of the total worker fatalities in the private industry, just over 20% of the deaths occurred in a construction accident.
Four causes of accidents on construction sites accounted for over half of all fatalities due to a construction accident. The top four causes of deaths in a construction accident are:
- Struck by Object
It is unfortunate that if steps had been taken to protect workers and make construction sites safer, some of these deaths would have been prevented.
Who is Responsible for Ensuring Safety on a Construction Site?
OSHA inspects construction sites and other work sites to determine if the owner, contractor, or other parties are in compliance with OSHA safety standards. The 10 most citied OSHA violations during the 2015 fiscal year occurred in the following safety categories:
- Fall protection
- Hazard communication
- Respiratory protection
- Control of hazardous energy
- Powered industrial trucks
- Electrical, wiring methods, components, and equipment
- Machinery and Machine Guarding
- Electrical systems design
Most owners and operators of construction sites are required to follow all OSHA standards in order to protect workers from being injured in a construction accident. If a company, owner, or operator is operating in violation of OSHA standards, it can face heavy fines. In some cases, the case may be referred to the District Attorney for criminal prosecution if the reason for the accident or death falls within the boundaries of a prosecutable crime.
Who Can I Sue for a Construction Accident Injury?
Under California’s workers’ compensation laws, a worker who is injured in a construction accident must file a claim through the workers’ compensation system rather than file a lawsuit against the employer. Workers’ compensation is an exclusive remedy meaning the injured worker cannot sue the employer regardless of whether the employer was negligent in causing the conduction accident. However, if the employer intentionally meant to hurt the employee, the employee may have the right to sue the employer regardless of workers’ compensation.
If your construction accident was caused by the negligence of another party other than your employer, you may have the right to sue that party for damages. This would include contractors, subcontractors, property owners, equipment providers, and others. It is important if you are injured in a construction accident that you consult an experienced construction accident attorney to determine if you have a cause of action against another party other than your employer.
How Can A Fresno Construction Accident Attorney Help You?
The construction accident lawyers of Torem & Associates represent workers in Fresno, CA and surrounding Central California Valley who have been injured in a construction accident. We provide aggressive, skilled legal representation when you need it the most. We focus on holding the party or parties responsible for your injury accountable while you focus on recovering from your injuries.
Contact Torem & Associates at 1-800-954-4444, chat with a representative online, or use our convenient online contact form to schedule a free consultation.