California news reports that a wall at a construction site on North Las Palmas Avenue in Hollywood has toppled over, leaving two workers with serious personal injuries. Paramedics arrived at the scene shortly thereafter, and the men were taken by ambulance for treatment. According to reports, the wall weighed approximately 1000 pounds and was made of wood. Co-workers assisted firefighters in lifting the wall off the men. This incident remains under investigation.
Whenever such a serious construction accident occurs, several factors must be considered to determine the rights and remedies of the injured workers. Various factors dictated whether the injured worker can file a lawsuit for damages or whether he/she is limited to workers’ compensation benefits. In California, an injured subcontractor employee may generally file a lawsuit against a construction project owner and/or the general contractor where either has retained control over safety and exercised such control on the project in a way that contributed to the injury. Other subcontractors may also be liable if they were partially responsible for the injury. These various parties and their respective roles need to be identified.
In addition, when investigating such cases, it is important to investigate whether OSHA cited any employers on site for violation of construction safety orders and/or general industry safety orders. Failure to comply with these regulations may, in certain circumstances, be used to establish liability in a civil personal injury lawsuit.
So, in the incident described above, it would be important to assess these issues early on. Witness statements can change and evidence can disappear.
For more information or if you or a loved one has been injured at a construction site, please contact the experienced Oakland personal injury lawyers at Butler Viadro, LLP for an immediate consultation.