Alfonso & Berriz, APC Construction Site Falls

With all of the heavy equipment and machinery being used, it would be understandable for you to assume that equipment accidents result in the most injuries and deaths on construction sites in Southern California. But the truth is that falls from heights harm more workers than any other type of accident.

Many of these accidents could be prevented entirely if construction supervisors, contractors and subcontractors took proper safety precautions. If you or a loved one has been harmed in a construction site fall, it is important to understand your right to pursue compensation in a personal injury claim for your medical expenses, pain and suffering, and lost wages.

Representing Thousand Oaks, Westlake Village And All Of Ventura County

At Alfonso & Berriz, APC we focus our practice on making sure negligent individuals and corporations are held accountable for the damages they cause. Our attorneys bring a tremendous amount of experience to these matters and focus on providing injury victims and families with the care and guidance they need during a difficult time.

Causes Of Construction Site Falls

Common causes of these terrible accidents include:

• Using ladders for unintended purposes
• Improper assembly of scaffolding
• Slip hazards introduced to the site (grease, solvents, etc.)
• Failure to inspect ladders and scaffolding for safety
• Metal ladders being placed near electricity
• Setting up ladders on uneven surfaces
• Unguarded floor openings, skylights and edges
• Missing or unused fall protection equipment

Workers’ Compensation And Third Party Claims

This is the point that surprises most injured construction workers, and it is the reason the question of who is responsible matters so much.

If you were hurt on the job, workers’ compensation is generally your exclusive remedy against your own employer. You usually cannot sue your employer directly, and workers’ compensation does not pay for pain and suffering.

But construction sites are rarely run by a single company. A general contractor, several subcontractors, the property owner, an equipment rental company and a scaffolding supplier may all be working on the same site. A claim against one of those other parties is a third party claim, it sits outside the workers’ compensation system, and it can include the damages workers’ compensation leaves out.

There are often multiple sources of liability in these cases, so it is important to put our experience to use for you. We can identify all negligent individuals or companies responsible for injuries and have the resources necessary to aggressively pursue the compensation you need.

Cal/OSHA And Site Safety Rules

California construction sites are governed by Cal/OSHA safety regulations, which set requirements for fall protection, scaffolding, ladders and guarding of openings and edges. Employers are required to report serious work injuries to Cal/OSHA promptly, and a serious fall will often prompt an investigation.

What that investigation produces, including inspection findings, any citations issued, witness statements and the site’s own safety records, can become significant evidence. Those records are created on a timeline that does not wait for an injured worker to decide whether to pursue a claim.

Deadlines Work Differently Here

A third party personal injury lawsuit generally must be filed within two years under California Code of Civil Procedure section 335.1. Workers’ compensation runs on its own, shorter schedule, including a requirement to notify the employer of the injury soon after it happens. If a public entity owns the project, a written claim is generally required within six months.

Because these run in parallel and the deadlines differ, it is worth getting advice early rather than assuming one filing covers everything.

Frequently Asked Questions

Can I sue if I am already receiving workers’ compensation?

Possibly. Workers’ compensation is generally your exclusive remedy against your own employer, but it does not prevent a claim against a different company whose negligence contributed to the fall.

Who besides my employer could be responsible?

Depending on the facts, a general contractor, another subcontractor, the property owner, an equipment rental company, a scaffolding supplier, or the manufacturer of defective equipment.

What does a third party claim cover that workers’ compensation does not?

Workers’ compensation does not pay for pain and suffering. A third party claim can include it, along with other damages the workers’ compensation system does not address.

What if I was an independent contractor rather than an employee?

That changes the analysis significantly, and classification on construction sites is frequently disputed. It is worth having someone look at how you were actually engaged rather than what the paperwork says.

What if a Cal/OSHA citation was issued?

A citation does not decide a personal injury case by itself, but the underlying investigation file, findings and witness statements can be valuable evidence.

What if I am undocumented?

California law does not condition the right to pursue a personal injury claim on immigration status.

How long do I have?

Generally two years for a third party lawsuit under Code of Civil Procedure section 335.1. Workers’ compensation has its own earlier notice and filing requirements, and a public entity project triggers a six-month claim requirement.