When a construction worker or anyone else falls from an elevated platform or height, there are usually two outcomes, depending on how far they fall: catastrophic injuries or death. If someone else’s negligence caused you to fall and sustain an injury or caused a loved one’s death, you have the right to make them pay for their carelessness.
At Silberman & Lam, LLP, our construction site accident attorneys could help identify who to hold accountable and explore your legal options for reasonable compensation. You can call us now to discuss what to do after an Orange County construction site fall from heights.
Common Reasons for Falls in Construction Sites
Construction sites are required to adhere to strict safety protocols and standards. They must comply with applicable Cal/OSHA standards, or federal Occupational Safety and Health Administration standards where federal jurisdiction applies. When they ignore these guidelines, accidents happen. Some primary causes of these elevated fall accidents include:
- Infrequent worksite safety inspections
- Caved-in roof or decking, or falling objects striking the worker
- Unprotected building edges or storeys without any protective railings
- Lacking fall protection, specifically, guardrails, harnesses, or safety nets
- Poor scaffolding structure or setup, such as a plank that gives way or slippery rods
- Lacking or inadequate safety protocol training to help workers identify potential hazards
- Unmarked and unreinforced openings in storeyed buildings, such as holes designated for late staircase construction
- Improper use of ladders, particularly when placed on unstable or uneven surfaces, or set up without someone on the ground holding them
While many construction site supervisors and managers in Orange County do their best to create a reasonably safe working environment for their staff, the reality is that sometimes mistakes happen, leading to dangerous falls from heights.
What Injuries May Workers Sustain After a Fall?
Orange County construction site workers who fall from heights can sustain a wide range of injuries, including multiple fractures, broken hips, severe cuts, and joint dislocations. Others may suffer catastrophic injuries, including spinal cord damage, traumatic brain injuries, or impalement on objects such as rods.
The degree of injury severity often depends on factors including the height of the fall, whether they were struck by something hard before falling, the surface breaking the fall—a soft pile of sand means fewer or no injuries—whether they wore protective gear or a safety harness, or the presence of potentially sharp or pointy objects on the floor positioned upwards.
Available Compensation After a Fall at a Construction Site
Depending on the circumstances of the construction site fall from heights, injured workers in Orange County have access to two potential compensation options. The first is no-fault workers’ compensation benefits. The state mandates that employers secure workers’ compensation coverage through insurance or approved self-insurance. With this policy, workers can receive benefits covering their medical expenses, rehabilitation costs, temporary disability benefits generally equal to two-thirds of lost wages while unable to work during recovery, subject to statutory limits, and a supplemental job displacement voucher for retraining if they meet the statutory eligibility requirements.
The second option is a third-party liability claim, which applies if someone other than coworkers or the employer is liable. Examples of third parties include a contractor or subcontractor, maintenance personnel, or a product manufacturer. This requires proving the third party’s legal responsibility, which may be based on negligence or strict product liability. However, if successful, the injured claimant may recover additional damages such as pain and suffering, lost wages, and lost earning capacity. A qualifying spouse or registered domestic partner may have a separate loss of consortium claim, and punitive damages require clear and convincing evidence of malice, oppression, or fraud.
Call an Orange County Lawyer About a Construction Site Fall From Heights
If you suffered injury in an Orange County construction site fall from heights, you need support from an experienced workers’ compensation lawyer to ensure you receive the benefits you deserve. At Silberman & Lam, LLP, our attorneys work with you to explore all settlement options available to you so that you can receive maximum compensation. Contact us to discuss your case.
