There are numerous ways and methods to prevent construction worker injury and death. But when employers prioritize profits over safety, injured construction employees can file a claim against the general contractor, subcontractors, their employer, the construction manager, or the construction site owner for negligence, in addition to receiving Worker’s Compensation benefits.
Failure To Provide PPE
State and federal laws require construction employees to wear personal protective equipment and that employers provide it to them. If employees provide their own PPE, then their employer should ensure that the equipment is appropriate and meets safety standards. Examples of PPE include:
- Rubber boots with steel toes
- Protective hearing devices like earplugs
- Hard hats
- Eye protection
Every day, construction workers use ladders, scaffolds, hand and power tools, and rigging equipment to get the job done. They also use vehicles to get around on a job site and move large items. Workers who sustain injuries caused by defective or malfunctioning equipment that was not properly maintained in compliance with OSHA regulations should speak to an attorney about their rights.
What should I do after a construction accident?
If you were injured by defective equipment at your job, then you are required to inform your employer about the incident and seek medical attention. You will need to file your Worker’s Compensation claim within 30 days of the incident. While you are pursuing that claim, you can reach out to us if you want to learn more about pursuing legal action against your employer, the manufacturer of the defective equipment, or another third party.
We are ready and eager to help you navigate the legal system. With over $200 million in settlements won for our clients, you can rely on the attorneys at Grossman Law Offices to help you get the maximum compensation possible in your California improper safety equipment claim.
Resources In Your Improper Safety Equipment Claim
In order to receive damages, you will need to prove negligence with evidence. The average person doesn’t have the resources that a personal injury lawyer has to gather evidence and build a strong case. Grossman Law Offices helps our clients get the maximum compensation possible by deposing witnesses to your accident who can testify about the conditions at your workplace.
Another valuable resource is our connection to expert witnesses, who are authorities in fields such as general contracting, engineering, architecture, medicine, and construction. They provide their expertise as testimony in your case. They can explain how an accident happened, the dangers of not closely following safety procedures, and other relevant background information.
Damages And Compensation
You could receive Worker’s Compensation benefits, and may be entitled to supplemental damages from a third party. The two most common types of damages are economic damages and noneconomic damages.
Economic damages are your financial losses stemming from your medical bills, lost wages and salary, future lost earning potential, and other out-of-pocket expenses. If you need a wheelchair, prescription medications, and mileage reimbursement for doctor’s visits, then all of those can be filed in your claim. You can also include the cost of childcare or household services if your injuries prevent you from taking care of your kids or home. After all, you wouldn’t have to pay for those services had you not been injured.
Noneconomic damages, on the other hand, are non-financial losses but are very important. The most common type of noneconomic damages are pain and suffering. Improper safety equipment accidents lead to catastrophic injuries that leave workers permanently disfigured or scarred, paralyzed, dependent on in-home care, and unable to live their life to the fullest potential. Victims often suffer from depression, anxiety and emotional distress as well. There is no dollar amount that can truly repay a person for their intangible losses after a workplace accident, but your attorney will fight to justify what you should receive in noneconomic losses.
Contact Our Construction Injury Attorneys Today
It’s important to speak with an attorney from Grossman Law Offices because of how the Worker’s Compensation system works. Negligence is not a required element in California worker’s comp cases. Because it is a no-fault state, you can still receive Worker’s Compensation benefits even if you were at fault for the accident. The reason why you need an attorney who has experience in workplace accident litigation is that there are exceptions to this rule, and you may be entitled to supplemental compensation from a third party.
Contact Grossman Law Offices now to schedule your free consultation with one of our attorneys. During your initial case evaluation, we listen to you, review any evidence that you bring to us (e.g., medical records), and advise you of your rights under the law. We advise you of what deadlines you need to meet to get maximum compensation for your injuries. Call (866) 982-5094 now.