A construction accident occurs when a construction worker (or other individual on a construction site) is injured or dies as a result of a hazard on a construction site. Hazards come in various forms such as:

California construction site fatalities have increased over the last few years from 102 in 2003 to 122 in 2006.

 

The U.S. Department of Labor Bureau of Labor Statistics also surveyed 117 of the construction site fatalities in California. The following list breaks down the frequency of cause:

To put this data into context, consider the 2006 U.S. Department of Labor Bureau of Labor Statistics. The Bureau reported that over 935,000 people worked full-time as construction workers in California. The report also noted that six out of every 100 full-time workers had a recordable case of injury (over 56,000). Moreover, the report concluded that there were over 13,000 cases where the worker was forced to transfer jobs or face job restrictions due to the injury and 21,000 cases where the employee missed at least one day of work.

 

Under California Workers Compensation law, employers are responsible for employee injuries that happen on the job, regardless of carelessness or fault. Employees, however, are precluded from filing lawsuits against their employers for work-related injuries. California Workers Compensation law limits employee compensation to medical expenses, disability, vocational rehabilitation, death benefits and reasonable burial expenses. The law does include an exception which allows injured employees to file suit for injuries caused by an employer's intentional or willful act.

 

Workers Compensation laws only preclude lawsuits against employers. Suits against third parties are typically allowed. A third party is often liable for injuries to employees via a “third-party claim.” For example, an employee who is injured on the job when a defective boiler explodes would have a third-party claim against the manufacturer of the boiler. Third party claims are not limited by Workers Compensation law. The employee can potentially recover all tort damages, including compensation for disfigurement, pain and suffering, loss of enjoyment of life and emotional distress.

The Occupational Safety and Health Act of 1970 (OSHA) provides safety regulations most states have adopted, which apply to construction sites. In California, the Division of Occupational Safety and Health (Cal/OSHA) is the main state agency charged with protecting the public and workers from work site safety hazards. 

 

Regarding construction sites, Cal-OSHA included “Construction Safety Orders” in Title 8, Subchapter 4, of the California Occupational Safety and Health Regulations. The purpose of these orders, according to Section 1502, is to “establish minimum safety standards whenever employment exists in connection with the construction, alteration, painting, repairing, construction maintenance, renovation, removal, or wrecking of any fixed structure or its parts.” These orders also apply to excavations not covered by other specific orders. View the Construction Safety Orders, at the following website:

 

California law imposes many responsibilities on employers, including both administrative and workplace safety measures. Violation of the latter at a construction site can lead to accidents and employer liability. Workplace safety responsibilities for employers include the following:

 

The Division of Occupational Safety and Health's (DOSH) website lists some of the most important employer responsibilities:

 

California law imposes many responsibilities on employers, but employees also have certain rights under Cal/OSHA. Employee rights concerning workplace and health include the following:

 

The Division of Occupational Safety and Health's (DOSH) website details employee rights: http://www.dir.ca.gov/dosh/calOSHAemployeerights.html

 

If you or a loved one is involved in a construction site accident, it is very important that you contact experienced legal counsel immediately. This is important because it allows the attorney to initiate an investigation the accident.

 

Beginning an investigation promptly is essential to preserving evidence (such as physical evidence and photos) and preventing intentional or inadvertent changes to the construction site. It is also important to begin the investigation to allow witnesses to be interviewed while their recollections of the accident are strong.

 

If you or a loved one has been involved in a construction accident, please contact the Ultimo Law Firm. We have many years of successful representation of individuals injured in construction site accidents. We offer a free initial consultation, with evening and weekend appointments are available by prior arrangement. Please contact us by e-mail or call (949) 851-0300.