Sacramento Construction Site Accident Attorney

Sacramento Construction Accident Lawyer: Safety Violations

There is no doubt that the construction industry has come a long way in making job sites safer over the past four decades. Part of this is due to the federal, state, and local regulations that set high safety standards with which employers must comply. These regulations have helped reduce the incidents of death and injury significantly, although construction sites remain one of the most dangerous types of workplaces. Employees and visitors alike are hurt every day on construction sites due to faulty equipment or human error.

Victims who have suffered injuries on a construction site–whether as employees or visitors–have the right to collect compensation for these injuries. Most construction accident injuries involving employees are covered under workers’ compensation policies, but there are cases in which there is also liability for another party and the victim may have the right to file a personal injury claim as well.

Sacramento construction accident injury attorneys at Demas Law Group, P.C., are ready to evaluate your injury case and help you determine if you are entitled to compensation from the employer or another party. Demas Law Group, P.C., attorneys will work hard to ensure that you receive the full amount of compensation to which you are entitled.

Construction Site Injuries – A Grim Picture

The Bureau of Labor Statistics notes that more than two people per day (on average) are killed at construction sites across the nation, and another 3.7 percent of construction employees are injured each year. Of all industries, only private trucking records more deaths annually.

Accidents on construction job sites often fall into what is known as “the Big Four,” which includes trips & falls, electrocution, being struck by an object, and heavy machinery accidents. These accidents most often involve workers on the job site, but innocent bystanders are sometimes injured or even killed in construction accidents.

The liability for a construction site accident depends in part on the victim’s identity. If the victim is an employee, the incident may be handled by workers’ compensation coverage. However, there may also be third-party claims to be addressed, so it is important for any employee who has been injured on the job site to speak to a Sacramento workers’ comp lawyer in order to avoid missing possible compensation.

If the victim is a bystander, normal personal injury law applies, and the person or company responsible for the damage may be liable to pay compensation to the victim.

Workers’ Comp vs Personal Injury

Workers’ compensation is a form of insurance coverage that employers are required to carry for their workers. This compulsory insurance has its roots in the workers’ rights movements of the early 1900s. In the old days, an employee who was injured on the job often could not pay for medical treatment; however, workers’ rights groups petitioned until employers were required by law to pay for insurance coverage to protect their employees.

Workers’ compensation insurance is fully paid for by the employer. As long as an injury is covered by workers’ compensation, you are not permitted to sue the employer for on-the-job accidents. This is true even if the employer or an employee directly caused the accident.

While workers’ compensation has helped millions of injured employees get the healthcare treatments they need, the amount of the settlement is often not enough to fully compensate the worker for the total cost of his or her injuries. If there is a dispute between the employee and the insurance company about the amount of the claim, the case is heard by a Workers’ Compensation Board and not by a civil jury.

Sometimes, worker’s compensation is your only alternative for compensation in Sacramento. If you were injured by another employee, you will usually file a worker’s compensation claim rather than a personal injury claim. However, if you work for a company but are injured by a third party, you may be able to file a personal injury lawsuit against the responsible party, even if the accident occurred at work. Depending on the circumstances, this personal injury claim may be granted instead of or even in addition to a workers’ compensation claim.

“Third parties” simply means people or companies other than your employer. For example, a subcontractor working on a job site may be considered a third party, as well as the owners of a piece of property, an architect or architectural firm, an engineer or engineering firm, equipment manufacturers, and companies that provide construction supplies.

In order to collect compensation from a third party, you must be able to prove that the party was at least partially at fault through negligence. In California, even companies or individuals who are partially at fault for an accident may be sued by an injured worker.

The benefit in filing a third-party claim is that you are more likely to collect the full compensation of damages for your injuries. Personal injury lawsuits do not limit compensation in the same way as worker’s compensation claims. In a third-party claim, workers may be able to recover lost wages, payments for disabilities or lessening of earning capacities, medical bills, loss of consortium with loved ones, and pain and suffering.

We are ready to help you recover compensation for your Sacramento workplace injury accident. Our law firm has a strong history of fighting for the rights of our clients to collect monetary compensation for all types of injuries and damages. If you were told that you are not entitled to collect more than your workers’ compensation allows, contact us now. We will review the facts about your construction accident injuries and the amount of compensation to which you may be entitled.

Contact a Construction Accident Attorney in Sacramento Today

One Demas Law Group, P.C., the client was seriously injured by a forklift driven by an employee of another company. Demas Law Group, P.C., was able to help this injured employee win a $1 million settlement, which represented the insurance company limits on the policy.

This literature may be considered attorney advertising or an offer of professional services, according to rule 1-400 Rules of Professional Conduct by the State Bar of California. The information does not constitute a guarantee, warranty, or prediction regarding the outcome of your potential legal matter.