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[C982]Construction Site Accident Attorney
by Peter Kent, Pet
While almost any type of workplace can offer unexpected accident risk, it is the responsibility of the employer to take action to keep that risk as low as possible. Construction sites may seem to be more hazardous than an office building or store, but accidents and dangers can be prevented by implementing rigid and enforceable safety practices at construction sites. For example, the general contractor and all subcontractors are required to provide a reasonably safe site, to warn of hazards inherent in the site and work, to hire careful employees, to coordinate job safety, and to supervise compliance with safety specifications. In addition, construction site workers should be properly trained in the operation of machinery and equipment. The construction site should also be properly managed according to legal standards to prevent construction site accidents.

Even with precautions and adherence to safety practices, construction site injuries can still occur due to the inadequacy of these provisions. Construction site cases can involve accidents from defective or collapsing scaffolds; falls off of or through roofing structures; electrocutions; falls off of ladders; defective machinery such as cranes, hoists, conveyors, tractors, and forklifts; malfunctioning construction equipment or other tools; and the collapse of walls or floors. The kinds of construction site accidents often result in serious injury and can sometimes even result in death. In fact, thousands of construction workers are injured or killed in construction site accidents each year.

Construction Site Accidents and Workers' Compensation

Virtually all significant injuries suffered in construction site accidents give rise to workers' compensation rights. The Workers' Compensation Act provides benefits to workers who are injured on the job. Unfortunately, Workers' Compensation alone may be insufficient compensation especially in the case of very serious and catastrophic personal injuries which happen often in construction site accidents. The rights are dependent on the interpretation and application of several complicated laws and individual circumstances of the construction accident.

However, these limited workers' compensation rights may be supplemented by legal actions against others who have responsibility for various activities on a construction site including construction managers, general contractors, subcontractors, equipment manufacturers, etc. When a construction site accident occurs, the owners, architects, insurance companies and manufacturers of equipment can be held responsible for inadequate safety provisions.

As an example, in many construction undertakings, several different contractors are involved. Full damages can be recovered if any contractor other than the direct employer has responsibility for the injuries. Likewise, if a defective tool, machine, or other product causes injury, an injured worker can be fully compensated.

If there is any job that conceals a minefield of danger and risk, it's construction work. Every year, thousands are seriously injured or killed in construction accidents on construction sites. And while many precautions have been put into place to protect workers, construction accidents continue to be the number one cause of job-related deaths in America.

An astounding 1 out of every 10 workers will get injured this year. This is when you need a . Hastily constructed scaffolding, improperly braced cranes and falls from high places contribute greatly to this high accident rate. In Los Angeles, as in other big cities, economic pressure to get buildings up faster and faster is only making matters worse. Occupational Safety and Health Administration (OSHA) estimates that there will be 1000 work-related deaths nationwide this year in the construction industry. In fact, this trend is so alarming that after ten workers died in seventeen months in Las Vegas construction accidents, Congress is reviewing of whether OSHA's policies are not only adequate, but are being followed.

are seeing more and more devastating cases emerge from on-site accidents. Burns, amputations, spinal injuries, asphyxiation due to faulty ventilation, falls, blindness and head injuries are only a few of the catastrophic construction accidents that can put victims out of work, sometimes permanently. Others face a lifetime regimen of medication and/or weeks or months of rehabilitation. During that time, their families are often without income.

It is the responsibility of the construction site's General Contractor and his subcontractors to assure the safety of their workers, maintaining a workplace as free of potential hazards as possible and to supervise on-site work situations. This, unfortunately, isn't always the case. Construction accidents are often caused by negligent General Contractors or Contractors who've abdicated supervision to negligent sub-contractors. Ben Howland, a drywall hanger in Los Angeles, was walking across his job site when a bobcat carrying an unbalanced load of drywall broke, and dropped the load on him. He was left paralyzed, unemployable and devastated. His proved that negligent supervision by the subcontractor and a badly maintained forklift was to blame for the accident. Ben collected $2.5 million.

Third party negligence plays a growing part in on-site construction accidents. Even with the best supervision, faulty third-party equipment, ie: damaged scaffolding, heavy equipment not adequately maintained, or faulty power tools ? may cause an unforeseen accident. Negligent, third parties may also, according to law, assume partial responsibility. An expert construction accident attorney can untangle the liability of third party negligence for you if you have suffered such an accident.

Not only construction workers fall under this shadow of injury. Visitors to a job site or innocent passers-by who suffer injury or death fall under this same rule of law. A perfect example of this happened recently in New York City when a crane toppled off the roof of a building under construction and nearly demolished a building across the street, killing several people and injuring others. These victims had nothing whatsoever to do with the construction site, but were victims of negligence of the general contractor, product safety issues and other third party negligence still to be decided in court.

Workman's Compensation may cover a certain percentage of the expenses incurred by a construction accident, but alone will be woefully insufficient to cover all the costs of a long-term or catastrophic injury such as paralysis, blindness, traumatic brain injury or death. Those types of injuries will often put the victim or the victim's family into serious financial trouble if not compensated fairly. In such cases, third party negligence will often play a part in the settlement an expert construction attorney can achieve for their client, even if suing the General Contractor is not possible. It is very important to contact an attorney as soon as possible so that evidence of third party negligence can be preserved and investigated.

In California, the joint and several liability rules apply to every person who bears responsibility for a worker's injury and a good construction accident attorney is skilled at applying this rule of law to the entire injury, including lost wages, medical bills and pain and suffering.

Several years ago, California passed a law to make it easier for workers who have been injured to collect their Worker's Compensation without the hassle of going to court to collect it. But at the same time, big corporations use high paid lawyers to keep you, the victim, from receiving all the Worker's Comp benefits you're entitled to. Why? Because their bottom line does not take the reality of yours into consideration. It is their job to help the insurance companies save money.

What recourse can a worker take when he or she has been injured on the job? First, find a good Construction Accident Attorney. In Los Angeles, such lawyers are familiar with California's Workers Compensation law and can help the client navigate that difficult arena. If you or someone you love has been injured, you have enough to worry about right now without figuring out how to navigate the legal system. Let the experts help you!
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Both Peter Kent & Dietrich Elliot are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

Peter Kent has sinced written about articles on various topics from Exhaust, Fitness and Health. LegalView.com is your source for everything legal on the web. Visit Legalview at for access to a complete legal database, including a free attorney. Peter Kent's top article generates over 40500 views. to your Favourites.

Dietrich Elliot has sinced written about articles on various topics from Legal Matters, Truck Accident and Legal Matters. Dietrich Elliot is a freelance writer, teacher and retired . He writes about. Dietrich Elliot's top article generates over 9900 views. to your Favourites.
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