Everyone at a construction site has the right to a safe work environment. Those responsible owe a duty of care to foresee and prevent injuries. When they fail to uphold that duty and a careless act leads to injuries or death, those suffering may be able to file a construction negligence lawsuit to hold them accountable.
General Contractor Liability
A hirer or general contractor can only be held liable for injuries to a subcontractor at a job site under certain circumstances. Independent contractors are presumed as experts in their line of work, and they therefore often have the responsibility to take appropriate safety measures on the site. The attorneys at CaseyGerry understand these legal issues and know how to determine fault in complex construction situations.
Workers Compensation vs. Construction Negligence Lawsuit
If you were hurt as an employee on a construction site and your employer or the work environment caused your injuries, you may be able to recover workers compensation benefits. Workers compensation is typically a no-fault system. In other words, the injured employee does not need to prove that someone else on the site was negligent and caused the injury. To collect benefits, the employee must have been injured during the course and scope of his/her employment.
However, California law still allows injured workers to pursue a personal injury claim even if the employer was partially at fault for the injuries. It’s not always immediately clear who caused a person’s injuries on a construction site, so it’s helpful to speak with an experienced attorney about your rights.
Damages in a Construction Negligence Lawsuit
There are two types of damages in a personal injury lawsuit. Compensatory damages refer to a person’s medical bills, lost past and future wages, and other losses stemming from the injury. It also includes pain and suffering. Punitive damages are meant punish the defendant for particularly appalling behavior. They are much rarer.
California law limits the time you have to file a construction negligence lawsuit. The statute of limitations can prevent you from bringing a claim if you wait too long to contact an attorney.
If you were hurt on a construction site, chances are the parties responsible are not thinking about your best interests. Insurance companies may be calling to offer you a settlement. The whole situation can be very overwhelming, especially as you deal with your injuries. Our attorneys can help.
We welcome you to call CaseyGerry today at (619) 238-1811 or fill out our online form to schedule a consultation. We can explain the next steps and what you can expect.