Every year, thousands of California construction workers are injured on the job.  In fact, construction accidents result in one of every five workplace fatalities.  It is believed that the statistics are so high because most construction companies employ less than 20 workers, and, because of the size, many construction companies have little to know formal safety program.

Accidents on the construction site come in a variety of forms.  The most common are falls, but equipment accidents, scaffolding failures, exposure to toxins, vehicle accidents, and burn injuries are frequently reported. 

While most construction accidents give rise to an action under the Worker's Compensation system, under certain circumstances the injured worker can maintain a civil action outside Work Comp.  If the injury is the result of employer negligence and the company does not maintain Worker's Compensation insurance, the injured party can file a separate action, or if the injury was caused by a negligent third party.

What is a negligent third party?  Frequently on the job site there is interplay amongst the various contractors and subs.  For example, the framers may erect scaffolding, which may then be used by the dry-wallers, stucco people, painters, etc.  If that scaffolding were erected improperly and injured a painter, then the painter would have an action against the scaffolding company, even though he would be bound to Work Comp in a case against his own employer.

There numerous third party possibilities.  If the equipment fails or is defective, it may be due to the negligent design, manufacturing, or maintenance of the equipment.  If the chemicals are improperly labeled, it may be the fault of the shipper.  If you have suffered a serious injury on the job site, it always a good idea to have the circumstances analyzed by an attorney.

Walton Law Firm has successfully represented individuals who have suffered on the construction site. If you have questions about an injury matter, please submit your confidential question online, or call Walton Law Firm for a free and private consultation. We can be reached toll free at (866) 607-1325 or locally at (760) 571-5500.