San Diego Workplace Injury Attorneys

Representation for Victims of Workplace and Construction Accident Injuries

Accidents and injuries can happen in any workplace, even an office environment. Some occupations, such as construction, are far more dangerous than others. If you have been injured on the job, you are likely entitled to workers’ compensation benefits to cover your medical expenses and partially reimburse you for your lost wages. But in some cases, depending on the circumstances, your legal options may not end with workers’ comp. You may have a civil claim against a third party.

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Common Types of Workplace Injuries

Workers in any industry can be injured in any number of ways. Some of the most common types of workplace injuries include:

• Slip or trip and fall accidents: Slippery surfaces and tripping hazards can lead to fall accidents in any work environment.
• Falls from heights: Falls from ladders, scaffolding, and platforms are a common occurrence in the construction industry. Falls are a leading cause of traumatic brain injury.
• Muscle strains: This is a common workplace injury among workers who lift heavy objects. The back and neck are frequently strained areas of the body.
• Repetitive motion injuries: These types of injuries do not happen suddenly, but rather gradually, over months or years. They are caused by stress and strain from performing the same motions repetitively, as in working at a computer keyboard or in a manufacturing plant.
• Being hit by falling objects: This type of work-related injury can happen anywhere, from an office to a retail store to a warehouse to a construction site. Items that are not properly stored or secured can cause serious injuries when they fall on workers underneath.
• Vehicle and equipment collisions: Crashes and collisions are not uncommon in any line of work that involves cars, trucks, lorries, forklifts, etc.
• Exposure to toxic chemicals: Employees who work around hazardous chemicals are exposed to particular risks, including eye and skin injuries. Proper protective equipment is crucial in these situations.

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What Are OSHA’s Fatal Four?

The Occupational Safety and Health Administration (OSHA) has dubbed the four leading causes of worker death (excluding highway collisions) in the construction industry the “Fatal Four.” In 2018, the Fatal Four were responsible for 58.6% of construction worker fatalities. These four categories of construction workplace injuries are:

• Falls (33.5%)
• Struck by an object (11.1%)
• Electrocutions (8.5%)
• Caught in between (5.5%)

The caught-in-between category refers to instances when construction workers were killed by being caught in or compressed by equipment or objects, or struck, caught, or crushed in collapsing structures, equipment, or material.

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Workers’ Compensation vs. Third-Party Liability Claim

Workers’ compensation in California is a no-fault system. If you suffered an injury while performing your work duties, you are entitled to workers’ comp benefits. In certain situations, if you were injured through the negligence of a party other than your employer, you may also have a third-party claim for compensation. In such a case, your employer may also have a claim against the third party to recover the money paid out through workers’ compensation benefits.

An example of a third-party claim may involve an automobile accident caused by another driver. If you were injured while driving for your job, workers’ comp should cover your medical expenses and partially reimburse you for your time away from work because of your injuries. But the driver who caused your accident and injuries may still be held liable in a civil claim for compensation. Unlike workers’ compensation, a third-party claim may include damages for pain and suffering and other non-economic losses.

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Why You Need an Attorney

If you have been seriously injured in a workplace accident, it is in your best interests to speak with an attorney as soon as possible. Our San Diego workplace injury lawyer at jD LAW can investigate your accident to determine who is at fault for your injuries and whether you have a third-party claim for compensation. If you have a case, we can provide the effective representation you need. Contact us at (760) 630-2000 to find out about your options after serious workplace or construction accident injuries.

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Additional Information

• Does AB5 Affect Third-Party Construction Claims?
• Construction Safety and Health - NIOSH
• California Labor & Workforce Development Agency