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Construction Injuries
A worker on a construction site has a right to pursue claims for injuries and lost wages in two different court systems. An injured worker/survivor may pursue a claim against the employer in the Workers' Compensation Appeals Board. The recoveries allowed before the WCAB are limited, small, pre-determined and rarely adequately compensate the injured worker. The injured worker/survivor may also pursue a claim for a fair recovery in a civil court against non-employers including general contractors and subcontractors who contributed to the injury. This is a right of the injured employee/survivor, not a double recovery. We believe civil cases relating to injured construction workers are complex and esoteric.
California Occupational Safety and Health Administration (CAL-OSHA) laws require that employers at construction sites provide employees with a safe place to work. CAL-OSHA construction safety orders cover a variety of construction site work activities and trades. CAL-OSHA safety standards are recognized as setting the minimum standards of care for the safety of California construction workers in civil courts. Historically, companies that were sued following construction site accidents could exclude evidence of CAL-OSHA safety orders and regulations. However, in 2004 the California Supreme Court in Elsner v. Uveges ruled against a general contractor and found that Cal-OSHA safety orders are admissible at trial to establish the standard of care owed by owners, contractors and others to construction workers in a civil action.
Additionally, of significant importance to the practice of construction site injury litigation, is the California Supreme Court decision in 2002 in the case of Hooker v. Dept. of Transportation. The high court ruled that construction workers were not limited to Workers' Compensation benefits in situations where third parties such as developers, owners, general contractors, subcontractors and others retain control over safety measures on construction project sites. Also in 2002, a case out of Orange County, Ray v. Siverado, held that the negligent exercise of retained control by a third party at a construction site may entitle an injured worker to damages over and above those provided by Workers' Compensation.
We have been involved in construction site injury cases for over 55 years collectively. We have handled cases involving cranes, falls, roofing, carpentry, skylights, trenching, defective tools and construction equipment, electrical shocks and electrocution, scrapers, tractors, bulldozers, forklifts, backhoes, scaffolds, compressed gases, welding and motor vehicles to name a few. We have found that investigations by public agencies frequently are inaccurate and should not discourage injured workers from pursuing their legal rights. Given the complexity of this area of legal practice, we encourage injured workers and their families to allow us to evaluate your case free of charge.