Construction Accident Claims
Construction is the most dangerous work in America resulting in more fatalities and injuries than any other type of work. If you or a loved one was injured in a construction accident, call a San Francisco injury lawyer at the Law Offices of Alex G. Tovarian.
Types of Injuries
Because of the high risk of injuries, construction workers are required to wear protective clothing such as vests, helmets and harnesses and to undergo weekly training sessions. Still, there are a number of injuries that construction workers routinely sustain while engaging in various trades on the construction site:
- Traumatic brain injuries
- Lost limbs or fingers
- Broken bones
- Electrical burns
- Spinal cord injuries
Despite the emphasis on safety, a worker is still subject to another worker’s carelessness or inattentiveness, a failure to warn of a hazardous condition, or other factors. The following are the types of accident claims common to construction sites:
- Bad drill bit
- Defectively designed or manufactured tools
- Inadequately designed safety device
- Defective guard rails
- Defective steps
- Defectively designed scaffold
- Motor vehicle accident
A construction accident can include many different types of injury claims involving different laws and regulations. These cases usually require the experience of a personal injury attorney from The Law Offices of Alex G. Tovarian.
Most workers injured on a construction site have a claim for workers’ compensation benefits including medical and rehabilitation expenses, lost wages and compensation for a permanent injury according to the statutory guidelines. Should a worker have been injured by a defective product such as indicated above, he or she can file a third party claim against the responsible party in a product liability claim or lawsuit.
If a defective product caused a construction injury, principles of product liability law are involved, which can include Negligence, Strict Liability or Breach of Warranty. To prove defective manufacture or design, you must show:
- A mistake or oversight in design that means the product is inherently flawed and that makes it dangerous when used as intended.
- A defect in the manufacturing or construction process that may have affected only a few items.
- A marketing defect such as an inadequate warning, labels or instructions that prevents the user from recognizing a foreseeable danger or from knowing how to use the product safely.
A defect in the design or manufacture of a product may render it unreasonably dangerous. Fault need not be proved in this case, only damages. You need only demonstrate that a product or piece of equipment was defective, that the defect existed before the product was on the market or sold, and that the defect was the cause of the injury and the resultant damages to you. A defect can be from a manufacturing flaw, a design defect or from a failure to warn.
Breach of Warranty
This concerns violation of a written warranty or an implied one that the product was fit for the purpose intended and failed to meet minimum standards of quality.
Under negligence law, the trier-of-fact looks to the conduct of the defendant and determines if the company exercised reasonable care in designing, manufacturing, inspecting or testing the product. A seller or manufacturer is also responsible for providing adequate warnings to users regarding any foreseeable dangerous uses if the product is used as intended.
Motor vehicle accidents
If a worker from some other trade or independent employee negligently operates a tractor, truck or other vehicle on the work site and injures you while you are working, you are entitled to not only receive benefits through workers’ compensation insurance, but to collect compensation in a third party civil claim against the responsible driver.
Worker’s compensation is primary in these instances, which provides medical benefits, lost earnings and compensation for a permanent injury according to statute, but an injured worker in a car accident or negligence action can recover additional compensation including damages for pain and suffering.
Retain The Law Offices of Alex G. Tovarian
Construction accidents can produce catastrophic injuries that can seriously affect your ability to return to work or to engage in a new career, if possible. Other injuries may affect your cognitive functions or lead to post-traumatic stress disorders. Also, there may be defective products and the conduct of responsible parties that need to be ascertained and to determine if you have a cause of action and the ability to recover additional compensation along with workers’ compensation benefits.
Call the accident lawyers at The Law Offices of Alex G. Tovarian today for a free, confidential consultation and see how we can help you. We have the experience, knowledge and resources to handle construction accident claims.