When workers are injured in a construction accident, they can file a personal injury lawsuit against the entities or individuals that caused their injuries. The lawsuits will allow the victims to pursue and obtain monetary compensation for damages like permanent injuries, medical expenses, pain and suffering and lost income. In addition, when a worker dies in a worksite, his or her family members can file a lawsuit against the liable party. The wrongful death lawsuit will allow the family members of the deceased to get compensation that can cover funeral expenses and other losses they have incurred. In order for the victims to get compensation, they will have to establish who the liable party is. This can be done by looking at how the unfortunate event happened and who was involved. Some of the entities and individuals that can be held liable include:
Property owners must always keep their premises safe to prevent anyone from getting injured. They are legally required to fix any dangerous conditions on the property and properly maintain it. Therefore, you can file a lawsuit against the property manager, but you will have to show that the defendant owned or had control of the property, failed to properly maintain it and their negligence caused your injuries. Some examples of hazards on a property are broken railings that were not repaired in a timely manner and uninsulated live wires that can cause electrocution.
Sometimes workers can get injured by using defective products. Under product liability law, the manufacturer of a faulty product can be held accountable for any injuries that are caused by the product. For example, defective products can include faulty saws that cause cuts and amputation injuries or a defective scaffolding that causes a fall accident.
There will most likely be other companies and contractors on the construction site, apart from the one you work for. The other contractors are also required to adhere to the safety requirements in order to protect their employees. Therefore, if they violate these rules, they may endanger their staff as well as everyone else on the site. If this occurs, you can sue them for damages.
If an employee injures another worker on the construction site by being careless, he or she will be held accountable. For example, if the worker was using machinery in an unsafe manner and injured other workers on the site, you can sue him or her.
Filing a lawsuit
Since California operates under a comparative fault system, even if you are partly to blame for the unfortunate event, you can still file a lawsuit against other entities that caused the incident and recover damages. The damages include medical bills, long-term care, rehabilitative treatment, and lost income. Non-economic damages include mental anguish and reduced quality of life.
If you or a loved one has been hurt in a worksite incident, you can hold entities and individuals like contractors, property owners, other employees, and product manufacturers liable for the injuries, depending on how the incident occurred.