Construction worker with an injured leg being helped by a coworker.

Injured in a Construction Accident? Know Your Rights.

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By Yosi Yahoudai
Founder and Managing Partner

It seems like construction projects are everywhere around us. Construction workers perform a vital economic and public service, but construction work is fraught with risk and injury. While any construction worker will tell you that risks are part of the job, injury is absolutely not part of the job. If you are injured while working on a construction project, you have legal options to help you seek the compensation you deserve.

What Causes Construction Accidents?

Accidents occur on construction rights for a variety of reasons.  Workers often climb ladders, scaffolding, and roofs, and falls are very common. Falling objects are common causes of injuries as well, as tools, equipment, and construction materials are often being used or moved above workers. Electrical wiring is a critical part of any construction project, and workers are often exposed to wires and faulty connections, making electrocution another common risk. The equipment workers use can also malfunction, causing harm to workers, and hazardous conditions from exposed wiring, leaking pipes, and flammable chemicals can lead to fires and explosions. Finally, trenches and buildings may collapse unexpectedly.

Who is at Fault in a Construction Accident?

Determining who is at fault in construction accidents can be a complicated task, given there are many parties involved at construction sites. Parties involved may include prime contractors, subcontractors, construction site managers, property managers, and property owners. Every construction employer has the duty to maintain a reasonably safe work site, and all construction employers, managers, and property owners must adhere to the California Occupational Safety and Health (OSHA) standards.  When one of these parties breaches their duty, and that breach results in an accident, they may be held liable for resulting injuries.

Can I Sue My Employer?

Many construction workers think they can sue their employers directly if they are injured on the job, but this is not the case. Instead of suing their employers directly, injured workers must file a workers’ compensation claim. Workers’ compensation provides benefits which cover related medical expenses, and workers receive a portion of their weekly wages so they are not completely without income while recovering. Every injured worker has the right to file a workers’ compensation claim. These claims are often complicated, and injured parties greatly benefit from having an experienced attorney guide them through the process.

Can I Sue Anyone if I am Injured?

Injured workers are often able to sue third parties who caused or contributed to their injuries on the job site. For example, this could be a contractor, subcontractor, or a supervisor. It could even be the manufacturer of equipment or vehicles involved in the accident.

What Damages Can I Recover in a Lawsuit?

Generally, victims may recover medical costs, lost wages, pain and suffering, and more depending on the circumstances.  

What Should You Do if You Are Injured in a Construction Accident?

A construction job may have risks, but no construction worker deserves to be injured on the job. J&Y Law understands that a construction risk is more than a physical injury: it’s a loss of income and can often mean a long road to recovery. The personal injury attorneys at J&Y Law have experience with construction injury cases and are ready to help you determine your options. Contact J&Y Law today to learn more.

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About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.