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Identifying Liability and Fault in a Construction Accident

By Edited Jul 28, 2015 0 0

Working in a construction site is difficult and dangerous at the same time. If a construction employee is not careful enough, he might get into a construction accident. Like many types of accidents, construction accidents often happen because of negligence. Here are some common acts of negligence that cause these accidents:

  • Faulty wiring – This hazard poses risks to workers being burned or electrocuted. Employees should make sure that wires are kept away from scaffolds, machines, and areas where people pass by.
  • Poorly-built scaffolds – If a scaffold is not built properly, it might fall, injuring or killing the employees aboard it.
  • Machine operator negligence – Construction machinery such as cranes and forklifts should be operated only by a skilled and properly trained employee.
  • Mishandling of dangerous substances – Chemicals and explosives should be handled with care to avoid injuries, intoxication or explosives.

If you are a construction worker and you got injured in a construction accident, you need to make the responsible parties pay. But the question is who the responsible parties are. Here are some of the possible liable parties in a construction accident:

  • A construction employee – If an employee's negligence resulted to an accident, he may be held liable for the damages.
  • The employer or construction administrator – Under vicarious liability, employers will be held responsible for the fault of their employees. If the construction management failed to place a warning sign in a dangerous area, they would also be responsible for any accident that may happen.
  • A substance or machine manufacturer – If the accident was caused by defective equipment, its manufacturer should be responsible for your losses.

Before you decide who the responsible party is, you should first hire an employment or personal injury attorney for your complaint. Let him conduct an initial investigation first to find out if there were one or more liable parties in the accident. After gathering the necessary documents, then you can file your construction accident liability case against the defendant.

Aside from seeking compensation from the responsible party, you also have the right to obtain worker's compensation benefits from your employer. And because you were injured during working hours, you will certainly become eligible to receive such benefits.

Construction accidents are unfortunate situations that claim lives and cause severe injury. If you were one of the injured victims of a construction accident, seek legal assistance from a Los Angeles personal injury lawyer for you to obtain the compensation you deserve.



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