A collapse at a construction site near El Camino High School killed one worker, according to recent reports. The male victim was working next to a drainage channel at the site of a new FedEx warehouse on Avenida del Oro in Oceanside when a retaining wall fell on him. Workers rushed to help, but by the time they were able to remove the slab of concrete from the trapped man he had already died.
The accident will be investigated at Cal/OSHA.
Construction accidents account for about 20 percent of all fatal accidents in the workplace each year. Many construction accidents are due to something known as the “Fatal Four”: falls, caught in/between objects, struck by objects and electrocution. No matter what the cause of a workplace accident, however, employers or others are often liable for the injuries that are caused and may have to pay damages to the injured workers.
Workplace accidents fall under two basic types: those in which the victims can be compensated through workers’ compensation insurance and those in which the victim must file a personal injury lawsuit.
Many accidents are covered by workers’ compensation insurance. This is insurance coverage that the employer carries in order to pay for medical expenses and other costs if an employee is injured at work. When the employer is liable for the injury, workers’ compensation is usually the first line of defense in paying for the worker’s expenses.
However, when a third party is liable for the worker’s injuries, a personal injury lawsuit may be a more appropriate response. A personal injury lawsuit may be filed in some cases in which the third party has created a dangerous situation that leads to a worker injury or has failed in some way to provide a safe working environment.
If you have been injured in a workplace or construction accident, contact Daniel M. Gilleon, a personal injury attorney in San Diego. Dan Gilleon can help you determine if your accident is covered by workers’ compensation insurance and, if so, help you protect your interests during the claims process. If your workplace accident falls under the umbrella of personal injury, Dan Gilleon can help you take the right steps to recover payment for medical bills, pain and suffering and lost wages as well as other costs associated with your accident. Call today for a free consultation.