Oceanside Construction Injury Attorney

Most people going into construction for a living are aware that it’s a highly dangerous profession. Construction workers frequently deal with dangerous work conditions and face hazards not common to other jobs, such as falling from high elevations, health hazards, gas explosions, or defective equipment. Injuries that result from these types of accidents can be severe and can affect the victim’s ability to work and even prevent them earning wages in the future if the injury results in permanent disability.

Construction Injury Liabilities

Most job injuries are covered by workers’ compensation, but multiple people may be held liable for an on-site injury, and as such may have different obligations and legal responsibilities to the injured party. Some of the people who may be held liable include:

• Construction Site Owners: If the landowner was aware of a potentially harmful condition on their land and failed to do anything about it, they may be liable for any resulting injury.
• General Contractors and Subcontractors: The general contractor and subcontractor are legally responsible for providing a reasonably safe construction site. They must warn of any hazards and comply with safety regulations.
• Prime Contractors: A prime contractor is responsible for the work identified in the prime contract, and has the same legal responsibilities as general contractors regarding his specific project.
• Architects and Engineers: Architects and engineers tend to be under contract with the site owner. Contractual duties might include progress observations and site inspections. Architects and engineers are expected to performing professional services that meet acceptable standards.
• Construction Equipment Manufacturers: Equipment manufacturers can be held liable for design or manufacturing defects of the product that caused the injury.
• Insurers: Insurers may sometimes be involved in a lawsuit or legal claim as a result of incurring costs associated with an accident.

Occupation Safety and Health Act

The state of California follows the safety regulations under the Occupation Safety and Health Act of 1970 (OSHA). Construction sites must adhere to these regulations. Violating an OSHA regulation usually results in legal penalties.

Under OSHA, or Cal/OSHA, employers must:

• Provide a work environment free from recognized hazards that may result in injury or death;
• Ensure employees have access to equipment which would prevent injury or death;
• Insure all industry standards are complied with.

A worker may sue their construction site employer for a breach of this law.

Oceanside Construction Injury Compensation for Non-Construction Workers

Members of the general public who are injured due to a construction accident can sue and may be entitled to compensation for their injuries. Accidents to non-workers usually occur from a warning defect or due to negligence.

Construction usually occurs in busy public areas where pedestrians and vehicles frequent. Since these sites often lack proper safety warnings, the construction site is responsible for warning the public about danger surrounding the construction zone. Construction sites must set up barriers around the construction zone when visibility is low to ensure that members of the public don’t accidentally enter the area. Failure to set up barriers may result in injury to workers as well as non-workers.

Carelessness and negligence on the construction workers’ behalf can also cause construction accidents (crane accidents, loose wires, or falling objects) that can result in serious injury or even death. A personal injury attorney can be extremely helpful in the case of such an accident, since determining the exact cause of the injury can often be complicated.

Oceanside Construction Injury Attorneys

If you’ve been injured as the result of a construction accident in Oceanside and need legal representation, contact our team of skilled personal injury attorneys for a free consultation and evaluation of your potential claim.