Joel was working for W.A. Rasic Construction, a Long Beach-based company hired for a water-system project at Hoyt Park Drive and Scripps Ranch Boulevard. At around 3 a.m., he was inside a 17-foot-deep trench that lacked basic safety protections like shoring or trench boxes. Without those safeguards, the trench caved in, burying Joel under tons of earth and a large concrete pipe. A second worker in the trench managed to escape, but Joel died at the scene. His body was recovered only after emergency crews spent over four hours stabilizing the site to prevent additional collapses.

In the aftermath, the California Division of Occupational Safety and Health (Cal/OSHA) investigated and fined the company $157,500. According to the citations, W.A. Rasic Construction failed on multiple fronts: they didn’t inspect the site properly, failed to train workers, and neglected to implement a required injury-and-illness prevention program that’s been mandated for over 30 years. Most critically, they failed to provide adequate cave-in protection—something Cal/OSHA deemed a “critical lapse.”

For families in North County San Diego, the loss of Joel Gomez is a stark reminder of the real-life consequences when safety is treated as optional. And while Cal/OSHA fines can bring attention to these failures, they don’t go far enough in helping the victims’ families or holding companies fully accountable.

So what can injured workers—or their families—do if they’re hurt in a construction site accident?

In California, injured workers are typically covered by workers’ compensation, which pays for medical bills and lost wages. But in cases like Joel’s—where a company clearly violated state safety regulations—a civil lawsuit for wrongful death or gross negligence may also be possible. These types of cases allow families to pursue compensation for funeral costs, loss of financial support, and the emotional toll of losing a loved one.

In North County San Diego, our law firm routinely handles serious construction accident cases just like this. We investigate whether a company cut corners, failed to train its crew, or ignored obvious hazards. We work with experts to reconstruct what happened and determine who should be held liable. And most importantly, we fight to make sure families like Joel’s aren’t left without answers or justice.

If you or a loved one has been injured—or worse—in a construction site accident in San Marcos, Carlsbad, Oceanside, or anywhere in North County, don’t wait. These cases are complex, and critical evidence can disappear quickly. Reach out today to learn how we can help.

No family should suffer a loss because a company chose profits over people. Let’s hold them accountable.

News reports state that a contractor working on the house damaged a natural gas line, requiring the presence of Southern California Gas Co. workers. Apparently, the contractor was working on solar panels on the home. The explosion killed one of the workers the other was transported to the hospital.

All others injured were transported to the hospital for evaluation.

Potential Liability: If it’s true that the contractor damaged the gas line, leading to his tragic event, then the contractor would bear responsibility. If the utility workers contributed to the danger, then it is possible that both the contractor and the utility workers would be responsibility. There is no doubt that California Occupational Safety and Health Administration (OSHA) will be investigating this case thoroughly.

Based in North County San Diego, Walton Law Firm is a respected personal injury law firm whose injury lawyers represent individuals and families in San Diego and Riverside County impacted by accidents of all types, including construction and industrial accidents. Consultations for cases are always free of charge. The firm can be reached at (760) 571-5500. Update (7/16/19): It is being reported that the Southern California Gas Company employee who died in yesterday’s explosion in Murrieta was 31-year-ol Wade Kilpatrick. Mr. Kilpatrick was a longtime SCGC employee and leaves behind a very large family.

An ongoing investigation into the incident has revealed that the explosion was connected to a gas leak that Mr. Kilpatrick was attempting to repair on the property that had been damaged by a private solar contractor. According to SCGC, the contractor did not call 811 to determine if there were any utility lines nearby. This report suggests that the solar company might have some, if not all, the liability in any claims or lawsuits that might arise from the incident.

Whether you work at a construction site in Poway or elsewhere in San Diego County, it is important to know about construction accident risks and ways to mitigate hazards. In particular, scaffolding collapses can result in serious and deadly fall-related injuries. According to a recent article in U.S. News & World Report, a scaffolding collapse that occurred at a building site in San Diego resulted in injuries to four construction workers. Of those, three construction workers were listed as being seriously injured. At least one of the workers is said to have suffered life-threatening injuries.

How did the scaffolding collapse occur? According to fire officials, the construction workers were “hanging drywall in an unfinished apartment building near Petco Park Wednesday morning when the scaffolding collapsed and they tumbled 16 feet to the ground.” Officials are still investigation the accident. What else do you need to know about scaffolding collapses and construction accident injuries?

Scaffolding Collapse Accidents Happen More Often Than You Might Think

While many construction site employers do take steps to prevent scaffolding collapse injuries, these accidents happen more often than you might think. According to a fact sheet from the Occupational Safety and Health Administration (OSHA), more than 50 construction workers sustain fatal injuries each year as a result of scaffolding collapses. This information is particularly devastating given that many construction workers are not properly equipped to safely use scaffolding at construction sites. In other words, a large percentage of scaffolding accidents are preventable.

A report from the Bureau of Labor Statistics (BLS) indicated that approximately 25% of all construction workers injured in scaffolding collapses have not been trained in scaffolding safety. In addition, almost 80% of scaffolds from which a construction worker sustained serious fall-related injuries did not have proper guardrails.

By providing proper training to employees when it comes to scaffolding safety, and ensuring that all scaffolds are equipped with appropriate guardrails and other safeguards, the BLS predicts that approximately 4,500 injury accidents could be avoided each year.

The “Fatal Four” in Construction Accidents

Falls are among the most common of all construction accidents. According to EHS Today, the “fatal four” account for nearly 60% of all construction fatalities. In addition to falls, the other “fatal four” include being caught between objects, electrocutions, and being struck by an object. About 36% of those deadly accidents were falls.

Speak with a Poway Construction Accident Lawyer

Construction accidents can be prevented when employers take proper precautions. To learn more about filing a claim, you should speak with a Poway construction accident attorney as soon as possible. Contact the Walton Law Firm to learn more about the services we provide to clients in San Diego County.

See Related Blog Posts: Fatal Construction Accident in San Diego County Crane Accident Fatality and Construction Risks

(image courtesy of Zachary Shakked)

According to a recent article in U.S. News & World Report, a San Diego County construction worker from Escondido suffered fatal injuries following the collapse of a concrete wall. The accident also resulted in nonfatal injuries to another construction worker on the scene. Construction accidents often are preventable, and it is important to understand steps to take to keep workers safe.

Investigating Wall Collapses and Preventable Construction Accidents

As the article clarifies, the construction accident occurred while construction workers were digging a trench at an auto dealership in San Diego County. During the trench digging for a new wall, a concrete wall collapsed and crushed the 51-year-old construction worker. Firefighters and emergency responders arrived at the scene, but it took about 90 minutes to clear the cinderblock rubble from the victim, and he was pronounced dead by the time the responders were able to reach him. As we noted above, another worker at the scene sustained more minor injuries and was transported to a nearby hospital for treatment.

A report from NBC San Diego also covered the story of the deadly wall collapse, noting that the accident occurred just before 12:20 p.m. on a Monday afternoon. The construction workers had been on the scene to help construct a new car dealership in El Cajon, and they were “digging footing for a masonry wall adjacent to an existing masonry wall” when the collapse occurred. The construction workers had been digging a trench alongside residences when the existing six-foot concrete wall collapsed. The collapsing wall is estimated to have weighed anywhere from 5,000 to 6,000 pounds.

The report indicates that the 51-year-old victim, an Escondido resident named Fernando Martinez, had been taking his lunch break when the accident happened. Cal/Occupational Safety and Health Administration will be investigating the accident, which is likely to take around three to four months. Cal/OSHA will be seeking to determine whether the worksite violated safety and health regulations in the state.

Learning More About Wall Collapses and Trench Digging Safety

How dangerous is trench digging, and how often do wall collapses occur on construction sites? According to a fact sheet from the U.S. Centers for Disease Control and Prevention (CDC), between 2000 and 2006, 271 workers across the country sustained fatal injuries from trenching or excavation work. On average, there are around 54 fatalities in this particular area of construction work each year, and nearly 70% of those accidents occur in smaller companies with fewer than 50 construction workers.

What steps can be taken to prevent fatal wall collapses and cave-ins? During the process of construction work, the CDC recommends the following:

• Have a competent person inspect excavation areas everyday before work starts, during shifts, and after rain;
• Ensure that vehicles are kept at a safe distance from the excavation site;
• Position ladders so that they are within 25 feet from workers in trenches;
• Remove workers from a trench anytime there is any indication that a condition could cause a cave-in (such as water accumulation);
• Monitor all trenching accident hazards, such as fall-related risks, rigging hazards, and the presence of any combustible gases; and
• Create and enforce procedures to prevent employees from working in an unprotected trench, even for a very brief period.

Contact a San Diego County Construction Accident Lawyer

Construction accidents can be devastating, and many of them are preventable. If you or someone you love sustained injuries in a worksite accident, an experienced San Diego construction accident lawyer can assist you. Contact the Walton Law Firm today to learn more about filing a claim for compensation.

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(image courtesy of Matthew Hamilton)

Fatal Crane Accident Reported at Southern California Construction Site Many jobs are dangerous, but certain jobs pose more injury risks than others. According to a recent report from NBC 4 Southern California, a SoCal Edison worker recently suffered fatal injuries in a crane accident. The incident took place at around 4:00 p.m. in the Los Angeles area at a West Hollywood construction site. The fatally injured worker was transported to a nearby hospital by emergency medical responders, but he was pronounced dead upon arrival. An article in the Los Angeles Times also covered the story, detailing how the contractor was “crushed between a construction crane and a trailer.”

The accident occurred in an area heavy with construction, as it has seen a “redevelopment boom in recent years.” A spokesperson for the Los Angeles County Sheriff’s Department described the incident as an “industrial accident.” Soon after the worker sustained these deadly injuries, representatives from the California division of the Occupational Safety and Health Administration (“Cal/OSHA”) arrived at the scene to investigate.

Understanding Crane Accidents and Injuries We often read about tragic crane accidents just like the one that occurred earlier this month. But how often do they actually happen? Is this one of the primary causes of serious and fatal construction accidents? According to a research report from the Center for Construction Research and Training and the National Commission for the Certification of Crane Operators (NCCCO), between 1992 and 2006, 307 fatal crane accidents occurred. Through these accidents, 323 construction workers lost their lives, which averages to approximately 22 workers per year. The report identifies the different types of cranes involved in these crane-related fatalities:

• Mobile or truck cranes (216 deaths, or 71% of all fatal accidents);
• 
  Tower cranes (16 deaths, or 5% of all deadly incidents);
• 
  Floating or barge cranes (13 fatalities, or 4% of all reported fatal crane accidents); and
• 
  Overhead cranes (12 deaths, or 4% of all deadly crane accidents).

There were 66 reported deaths that simply did not have enough detail for the researchers to determine the type of crane involved in the fatal accident. What kinds of injuries did construction workers sustain during these crane accidents? The report cites the following information:

• Electrocutions were the leading cause of death. In about half of those electrocutions, the crane boom or one of the crane cables made contact with an overhead power line.
• 
  Crane collapses were responsible for the second highest number of deaths. Crane collapses resulted from many different things, including: unstable or slippery surfaces (20%), overloading the crane (16%), and the shifting of the crane load or boom (8%).
• 
  Being struck by the boom or jib of the crane was the third-leading cause of death. About half of these incidents occurred when a workers was dismantling the crane. Another 12% happened when a construction worker was lengthening the crane.

Contact a San Diego Construction Accident Lawyer Construction work can be very dangerous, and crane accidents often result in serious or fatal injuries. If someone you love got hurt at work, an experienced San Diego construction accident lawyer can discuss your options for seeking compensation. Contact the Walton Law Firm today to speak with an advocate.

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Construction sites can pose serious construction accident dangers to workers as well as to passersby. According to a recent report from ABC 10 News, a crane collapse in San Diego caused serious injuries to a laborer. At construction sites, employers have a duty to keep workplaces safe for employees. When accidents such as this one occur, it may be possible to seek financial compensation by filing a construction accident lawsuit.

Crane Collapse on a Southern California Freeway As the report explains, construction workers on State Route 15 had been using a crane to move concrete barriers for a freeway ramp. That crane actually “toppled over,” and it pinned the injured worker between two barricades. An article in The San Diego Union-Tribune also discussed the accident, noting that the crane was a large one involved in the Caltrans construction project. In addition to severely injuring the employee, the accident also blocked lanes on the freeway for about five hours. During that time, motorists largely remained stranded until officers from the California Highway Patrol could arrive to reroute traffic.

The accident occurred just before 1:00 a.m. on a weekday. How did this serious construction accident happen? Initial investigations from the San Diego Fire-Rescue Department suggest that “the weight of the loan on the crane’s extended boom onto its side.” At that time, “the heavy boom crushed the center of the trailer and caused one or more concrete barriers to fall onto the freeway.”

According to reports, the injured worker was a subcontractor. He was not operating the crane, but rather had been “standing on the flatbed to guide the lifting process” when the accident took place. He sustained an open fracture to one of his legs. To remove him from the K-rails between which he was pinned, other construction workers at the scene attempted to use crow bars to remove the heavy barrier. Emergency medical responders arrived and transported the victim to a local hospital by ambulance.

Learning More About Crane and Hoist Safety How often to crane accidents happen? According to a report from the Occupational Safety & Health Administration (OSHA), there are more than 250,000 crane operators who work in our country alone, and more than 125,000 cranes in operation just in the construction industry. On average, OSHA reports around 70 fatalities per year related to cranes, derricks, hoists, and hoisting accessories. And crane and hoist problems do not only pose dangers to workers. Indeed, OSHA emphasizes that members of the general public also are at risk of injuries if a crane collapses or drops heavy materials.

In general, what kinds of incidents result in crane-accident injuries and deaths? According to a fact sheet from the Electronic Library of Construction Occupational Safety & Health (eLCOSH), the following represent the most common causes for construction worker injuries involving cranes:

• Crane collapses (39%);
• 
  Contact with overhead power lines (14%);
• 
  Being struck by a crane loan (14%);
• 
  Being struck by other parts of the crane (11%); and
• 
  Other causes (23%).

If you or someone you love suffered injuries in a construction accident, an experienced San Diego construction accident attorney can discuss your options with you today. Contact the Walton Law Firm to learn more about filing a claim.

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Details of the Mendocino Bypass Collapse

How did this accident happen? Caltrans has been working on a freeway bypass in Mendocino County. It’s intended to be a nearly 6-mile overpass, but it has encountered a number of problems along the way. Most notable, it “has been beset by lengthy delays and cost overruns.” The bypass is projected to cost around $210 million, but it has only reached approximate 50 percent completion. It’s also two years behind schedule.

According to officials, when the construction workers began to pour concrete for the project, “a 150-foot temporary steel and wooden structure known as falsework suddenly collapsed.” The collapse took place in an area only accessible to construction workers.

In addition to the serious accident dangers posed by the bypass project, California residents have contested its construction due to environmental concerns. To be sure, both opponents of the project have filed lawsuits in hopes of preventing unnecessary damage to the environment. Such opposition has been a notable contributing factor to the construction project’s delay. Authorities report that the Occupational Safety and Health Administration (OSHA) will be looking into the bypass collapse.

Serious and Fatal Workplace Accidents

Construction accidents are among the most frequent and deadly workplace accidents in America. But how often do they happen? And what steps can construction workers take to prevent serious and fatal accidents?

According to the Bureau of Labor Statistics (BLS), in 2013, more than 4,600 employees sustained fatal injuries at work. In connection with a news release that reported the high number of deadly workplace accidents, the BLS released some of the following information about fatal workplace incidents:

• About 15 percent of all workplace deaths involve contractors. In many cases, these contractors are employed by the construction industry.
• Fatalities in the construction industry have risen in recent years. Between 2011 and 2012, construction fatalities rose by nearly 10 percent (to a total of 806 deaths in 2012).

Employers can help to prevent deadly construction site accidents by taking the proper safety precautions. In particular, employers must take steps to reduce the following types of accidents:

• Falls, which lead to more than one-third of all construction accident deaths;
• Being struck by an object, which results in about 10 percent of construction fatalities;
• Electrocution, which leads to almost 10 percent of all deadly construction accidents; and
• Being caught in or between a structure or operating device, which accounts for approximately 2 percent of deaths that occur in the construction industry.

If you or a loved one has been injured in a construction accident or in another workplace accident, don’t hesitate to contact an experienced personal injury lawyer. A San Diego construction accident attorney at the Walton Law Firm can discuss your options with you today.

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Do you have a job that requires you to work outside? While the weather in Southern California is often warm, summertime and its heat waves can result in serious heat illness injuries to construction workers, roofers, agricultural workers, landscapers, athletes, and others who work in particularly hot temperatures. According to a recent article in Digital Journal, this time of year means that California employers and employees alike “should take steps to prevent heat-related illnesses and injuries.”

Awareness about heat-related workplace injuries is important in our state, and Cal/OSHA has “launched a campaign to educate workers and employers about the risks of heat illness and ways to stay safe while working outside in hot weather.” According to the Occupational Safety and Health Administration (OSHA), the campaign is part of a nationwide one that aims to educate employers and employees about the dangers of working outside in hot weather, particularly in the summertime.

If you or a loved one has sustained injuries while working in the hot summer temperatures in Southern California, you may be able to file a claim for financial compensation. An experienced San Diego accident lawyer at the Walton Law Firm can take a look at your case today.

Heat Illness Facts and Risks

Heat illnesses routinely afflict employees who work outside and in hot, unforgiving summer temperatures. What is a heat illness, exactly? According to OSHA, to understand heat illness, it’s important to understand how the body works to cool itself under normal conditions. Typically, the body “cools itself by sweating.” However, when the weather is especially hot, sweating can’t cool the body down sufficiently. In such cases, body temperatures can “rise to dangerous levels if precautions are not taken.” When that happens, some of the following injuries can occur:

• Heat rash;
• Heat cramps;
• Heat exhaustion; and
• Heat stroke.

Heat rash and heat cramps typically are minor and can clear up quickly, but they make working difficult and can result in complications such as skin infections or muscle-related injuries. However, heat exhaustion and heatstroke are very serious and potentially life-threatening conditions that require immediate treatment.

What can workers and employers do to prevent heat illness? First thing’s first: OSHA emphasizes that employers are responsible for “providing workplaces that are safe from excessive heat.” In other words, when workers don’t take proper precautions for heat illness, an injured employee may be able to seek compensation for his or her injuries. For employers to do the right thing under high-temperature conditions, they should make sure that their employees:

• Have water to drink;
• Have a place to rest in the shade;
• Are allowed frequent breaks, especially for new workers or those who haven’t built a tolerance to hot weather; and
• Are educated about the symptoms of heat-related illnesses and ways to prevent them.

In order to drive home the seriousness of heat illness, OSHA emphasizes that employees should remember “Water, Rest, Shade” when it comes to working outside during the summer months. In addition, workers should take the following tips to heart:

• Drink water every 15 minutes regardless of whether or not you’re thirsty;
• Rest in the shade;
• Wear a hat;
• Wear light-colored clothing;
• Know how to recognize the signs of heat illness; and
• Watch out for heat illness signs and symptoms in yourself and in other workers.

Employers have a duty to prevent workers from suffering injuries on the job. If you’ve suffered injuries at work, contact an experienced work injury lawyer at the Walton Law Firm today.

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Photo Credit: kevin dooley via Compfight cc

Soon after the plant building came crashing down, police officers heard screams for help, and one officer found a man whose leg had been severed. According to Lt. Scott Tunnicliffe, “it was a piece of shrapnel that came flying out of the explosion and came across and went through a couple of chain link fences, struck him, and impacted into a vehicle.”

The plant was decommissioned in 1986, and residents of southern California have been eagerly awaiting its implosion as new development has been planned in the area. Since 1986, the area remained relatively untouched until new plans were made for the space.

What Happened During the Implosion?

At the time of the accident, emergency medical crews who rushed to the scene suspected that the injured man’s injuries were very severe, and subsequent news reports indicated that the 44-year-old victim lost his leg due to the shrapnel injuries he sustained. The other four victims were treated for minor injuries, according to the Kern County Fire engineer Leland Davis.

According to KABC-TV Los Angeles, Pacific Gas & Electric had hired subcontractors to set up a 1,000-foot perimeter and to “handle the demolition.” Denny Boyles, a Pacific Gas & Electric spokesperson, said that the company was “deeply saddened that this happened,” and that the company is “looking for answers like everyone else.”

Boyles indicated that the subcontractors were supposed to safely handle the demolition of the plant’s boiler structures, and the 1,000-foot safety perimeter had been set up in conjunction with local officials. The boiler structure, according to Boyles, “consisted of two towers measuring 140 feet high that supported four 200,000 gallon tanks.”

The subcontractor, Cleveland Wrecking Co., also issued a statement of sympathy and promised to investigate the incident, but according to the Bakerfield Californian, the subcontractor declined to comment any further. The statement simply said, “this was a terrible accident, and our hearts go out to the individuals who were injured.” It went on to say, “we will be conducting a full investigation and will cooperate with the authorities.”

Dangerous Construction Accidents Construction accidents happen more often than we’d like to think. In fact, thousands of construction workers are injured every year in California alone, and the recent injuries at the Bakersfield plant make clear that anyone can be injured on a construction site.

When construction accidents are the result of another person’s or another company’s negligence, the injured party can file a lawsuit to seek compensation for her injuries.

The attorneys at the Walton Law Firm have experience handling cases involving construction accidents and know that these incidents should be investigated as soon as possible. If you or a loved one have been injured at or near a construction site, you may be eligible for compensation. Contact an experienced injury attorney today to discuss your claim.

Photo Credit: Stuck in Customs via Compfight cc See Related Blog Posts:

Construction Worker Killed in Riverside County

Who Can You Sue?

Toro’s death comes quite soon after another construction fatality in Southern California. In April 2013, an Edison worker died in an accident in Menifee. The victim, 38-year-old Jose Raul Ros, had been a distribution lineman. While working on an underground vault, an explosion led to his death, according to Los Angeles’s local ABC 7 News.

Thousands of construction workers are injured on the job each year in California, and many of these injuries result in fatalities. If you or a loved one have been injured in a construction accident, you should contact an experienced construction accident lawyer today. Although you might at first assume you only have a workers’ compensation claim, you may actually be able to file additional claims for compensation.

Details of the Forklift Accident In the Riverside accident, details of the case trickled out in Southern California news reports in the days following the fatality. According to the Murrieta Fire Chief Matt Shobert, an emergency medical call came in early on the morning of the accident, and the Occupational Safety & Health Administration (OSHA) was also called to investigate. As it turns out, Toro had been working at a construction site in Murrieta when the forklift “tipped over, almost upside down, into a trench.” Other workers on the scene attempted to free Toro, but they were unable to remove him from his position underneath the massive machinery.

In the area where the accident occurred, the crew had been working on a bridge under construction. According to UT San Diego, while operating the forklift, Toro “encountered some uneven ground.” As a result, the machine started to rock and began to turn over on its side. At the scene, Murrieta police Lt. Rob Firmes reported that Toro’s “reaction was to try to jump clear of the equipment, jump off of it.” Yet, when Toro tried to jump from the moving forklift, he wasn’t able to clear the machine and became pinned underneath. The death raises issues about construction-site safety and the availability of compensation after a construction accident.

OSHA Construction Site Safety According to OSHA, construction sites can be especially dangerous, making construction work a “high hazard industry” due to the wide range of activities involved in the building, alteration, and repair of various structures. Each year, construction workers expose themselves to risks of “falling from rooftops, unguarded machinery, being struck by heavy construction equipment, electrocutions, silica dust, and asbestos.” Specifically, OSHA identifies six key hazards for construction workers, including: falls, trench collapses, scaffold collapses, electric shock and arc flash/arc blast, failure to use proper personal protective equipment, and repetitive motion injuries.

In fact, the construction industry employs nearly 6.5 million people at approximately 252,000 construction sites across the country each day. As a result, the construction industry’s fatal injury rate is higher than the national average for all industries.

To improve safety, OSHA provides a list of 10 standards that have been cited most frequently. Areas for improvement include:

· Scaffolding · Application of fall protection measures · Training requirements for fall protection · Protective systems for excavations · Ladders · Head protection · Excavations · Hazard communication · General safety and health provisions for construction · Wiring methods, design, and protection for electrical work

If you or a loved one have been injured in a construction accident, you may be eligible for compensation. Contact us today to discuss your case.

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However, if you are injured at work by someone other than your employer or fellow employees, you may be able to seek personal injury damages against the responsible party. In some cases, there may even be more than one responsible party. In those types of cases, it may be easier to make your case because you only have to make your case for liability against all of the responsible parties.Then the responsible parties must present their own evidence to show that the other party caused your injury. Generally, this “finger-pointing” can lead to a larger recovery for you, because they will essentially help you prove your case against the other party.

While injuries can occur in any type of workplace, injuries are particularly commonplace in construction and other heavy industrial environments. If you think about a construction site or other heavy industrial workplace, the dangers are immediately apparent. Such places have a lot of tools, equipment, scaffolding, and materials that can cause harm to anyone on the job site. Those items can belong to anyone on the site, because many construction and heavy industrial workplaces have a number of contractors and subcontractors present. Statistically, the more workers and more dangerous materials on the job site, the more likely that an injury will occur.

In addition, injuries in construction and heavy industry tend to be more serious.Most construction injuries occur to the spine, back, or trunk area of the body. In cases where the injury is more serious, it also means that the recovery will generally be larger, because the purpose of a personal injury lawsuit is to return the injured worker to his or her pre-injury status.

You may be entitled to damages even if you are partly at fault. For example, if you should have been paying more attention to where you were walking and were injured by the negligence of a subcontractor, you may still be able to recover some damages.California law allows an injured worker to recover damages if they are partially responsible, but the amount of damages are reduced by the percentage that the worker is responsible for the injury. For example, if you are 40% responsible for your injury and you would normally be eligible for $100,000 for your injury, then you will only receive $60,000.

An injured worker’s damages may include lost wages, medical bills, and pain and suffering. If your injury is very serious, you are more likely to have a large recovery in order to cover all of the medical bills, particularly if you have a lengthy hospital stay or operations. If the injury is very severe, your pain and suffering damages can be higher because severe injuries will result in a great deal of pain that you should be compensated for.

The collapse occurred at the San Ysidro border crossing post at the border between California and Mexico. A construction company, which was hired to demolish an old bridge that is no longer in use was attempting to take the bridge apart one piece at a time. The company, Hensel Phelps Construction of Greeley, Colorado, had built scaffolding for workers to operate from as they dismantled the bridge. At the time of the incident, another company, Miller Environmental, Inc. of Anaheim, California, had its workers removing plaster from another building that was also set to be demolished. Miller Environmental is a subcontractor, hired by Hensel Phelps to assist with completing a portion of the project. State and federal officials are proceeding with their investigations to determine the precise cause of the accident and what could have – and should have – been done to prevent it.

As details of the incident and its cause continue to become available, another important question has emerged: Who is responsible? In any construction project, there is typically a general contractor who is responsible for overseeing the project in its entirety and ensuring that it is completed on time and to the specifications of the customer. However, the general contractor typically does not have the expertise to perform all aspects of the job. Therefore, general contractors will usually hire subcontractors to complete the tasks that require specialized knowledge in a particular area. For example, a general contractor who is hired to build a house will likely hire subcontractors to do the electrical wiring, plumbing work, and so on. This is a necessary and accepted aspect of construction, but it raises the question of which party or parties should be responsible when something goes wrong. The law usually allows victims of construction accidents to seek compensation for all involved parties who failed in their duty to keep the area safe.

Our Southern California injury lawyer is familiar with the ways in which the law determines how to assign blame for incidents like the San Ysidro canopy collapse that involve multiple potential defendants. In California, general contractors can be held liable for the negligent acts of their subcontractors if the general contractors retained control over the way in which the subcontractors operated. The amount of control necessary varies with the circumstances, but this is the general rule. Navigating the world of construction site accident liability requires the help of an experienced personal injury attorney. Although it will take time to determine the precise problem that led to the collapse, it is almost certain that somewhere along the line, at least one person acted negligently, and that negligence led to injuries. The victims should not delay in hiring a Southern California personal injury lawyer to help them determine who is legally responsible for paying for these injuries.

See our related blog posts:

San Ysidro Canopy Collapse Sends 11 to the Hospital

City of San Diego Pays $1.8 Million in Motorcycle Accident Case

Junethea’s father, who was returning from Japan where he is stationed with the Navy at the time of his daughter’s death, believes the death may have preventable. He told the North County Times that he believes the way the temporary concrete barrier was set up created a dangerous condition on the roadway, and that had it been set up correctly, Junethea’s collision may have been far less severe. Her boyfriend visited the scene shortly after the crash told 10 News, “There were no orange drums, no cones, no reflectors, nothing like that.”

Apparently CalTrans was contacted, but it has refused to comment on the condition of the road. In cases like this, the legal question is whether the construction zone and concrete barrier were set up in a way that created an unreasonably dangerous condition. If the answer to that question is Yes, then a lawsuit could be brought against CalTrans, and probably the construction crew doing the work, assuming it was being done by a separate third-party contractor under contract with CalTrans. Before a lawsuit can be filed, however, a governmental claim must first be made against CalTrans, and that claim must be denied.

An investigation into the cause of the accident is ongoing, but the early indications are that alcohol was not involved.

Source: 10 News.com

The dangerous roadway lawyers at Walton Law Firm represent individuals who have been injured in all types of accidents, including those caused by dangerous conditions on public property, defective products, auto accidents, wrongful death cases, dog attacks / bites, auto accidents, worksite injuries, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 for a free consultation.

Nick Nusser is a contractor from Atkinson Construction, and is one of many workers who make their living working on the side of the highway while cars race by. His “office is the freeway,” which, he says, makes him keep his “head on a swivel.” The only thing keeping him safe from careless drivers is a low concrete divider and an orange vest.

Despite the obvious dangers of working on the highway – which have no doubt increased with the advent of texting – the number of car accidents in work zones has actually declined over the last decade. The number of crashes statewide has declined from 6,901 in 1998 to 4,374 in 2008. Injuries and fatalities have also declined dramatically.

CalTrans officials credit the reduction in accidents and injuries to safety campaigns, which will continue as a result of a $3 million grant. High fines have also played a role in the improved safety, officials say.

To read the entire North County Times article click here.

Here are some statistics for accidents, injuries, and fatalities in highway work zones:

1998

54 fatalities 3,537 injuries 6,901 vehicle collisions 2008

45 fatalities 2,062 injuries 4,374 vehicle collisions 1998 San Diego / Imperial Counties

4 fatalities 246 injuries 330 vehicle collisions 2008 San Diego/Imperial Counties

4 fatalities 169 injuries 319 vehicle collisions Source: Caltrans

The Poway accident and injury lawyers at Walton Law Firm represent individuals who have been injured in all types of accidents, including auto accidents, worksite injuries, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 for a free consultation.

“I am particularly concerned about our Hispanic workforce, as Latinos often work low-wage jobs and are more susceptible to injuries in the workplace than other workers,” U.S. Labor Secretary Hilda Solis told USA TODAY. “There can be no excuses for negligence in protecting workers, not even a language barrier.”

According to records, Hispanic workers have fallen off roofs and scaffolding, been crushed under machinery and run over by trucks, according to workers’ rights advocates. One reason for the increase is the number of Hispanics in the workforce. In the last decade, Hispanics have increased their percentage in the workforce from 10% to 14%. Another is that many Hispanic workers are without legal documentation to be in the U.S. and are less likely to join a union, which helps protect workers.

Source: USA Today

The San Diego accident and injury lawyers at Walton Law Firm LLP represent individuals injured in all types of accidents, including construction accidents, auto accidents, slip and falls, dog bites, and malpractice matters. Call 760-571-5500 for a free consultation, or fill out an online contact form.

Investigators are trying to determine what caused the explosion, which was so forceful it buckled walls and blew chunks of concrete into the air.

Attorney Randy Walton was involved in a very similar explosion case five years ago when a water heater exploded in a San Diego County factory and seriously injured two employees. A lawsuit was filed against the water heater manufacturer for designing and manufacturing a defective product, as well as against a propane distributor for its contribution to the accident.

It is very likely that OSHA investigators will determine what caused this Orange County accident, which will likely be related to the design, manufacture, instillation or maintenance of the water heater.

The personal injury and wrongful death lawyers at Walton Law Firm LLP represent individuals and families throughout Southern California who have suffered due to automobile accidents, work site accidents, defective products, spinal and brain injuries, dog bites, and other accident cases. Call (760) 571-5500 for a free and confidential consultation.

According to reports, Mr. Allen suffered significant and paralyzing injuries in the accident, and remains hospitalized at Scripps Mercy in Hillcrest. A total of 16 people were injured in the incident, which was caught on tape (we’ve blogged about this previously, click here to see the video).

No doubt there will be more lawsuits filed as a result of this accident, and the cases may very well be consolidated into a single case in San Diego. We’ll keep updating this story.

The incident occurred at Martin Luther King Jr. Park on Mesa Drive where a construction crew is building a skate park. It appears that fumes from the chainsaw ignited fumes coming from the gas can. Cal-OSHA is investigating.

Safely filling a chainsaw usually requires using an approved container, depending the brand of the saw. Such a container would limit the amount of fumes or spillage that could occur when filling the tank, thus limiting the chance of ignition. That is a questions OSHA will no doubt answer.

Walton Law Firm LLP has represented burn victims in product liability cases involving explosion, the most recent involving an accident where a propane tank exploded during refilling. Burn injuries, of course, are some of the most serious and damaging injures a human can experience, and require extensive and long-term medical care.

According to witnesses, the walkway first began to sway, then gave way, sending people and debris falling to the ground where pedestrians scrambled. According to one witness, “the whole darn walkway fell down.”

The caused of the accident is currently under investigation. What is known is that the developer for the project is San Diego-based Affirmed Housing Group, and the general contractor for the site is Allgire General Contractors of Carlsbad. It is being reported that state records show that Allgire has had at least two accidents in the past four years. One incident resulted in a $16,000 citation for a serious violation of state safety law.

There are reports that 16 people suffered personal injuries in the accident, including three with injuries that were described as serious. The most severe injuries being reported are a broken leg and a broken back. All of the victims are expected to survive.

UPDATE I: The Union Tribune is reporting this morning that two people remain in critical condition after the walkway accident yesterday. Some of the injured were homeless people who live at the St. Vincent de Paul Village across the street from the construction site. Also, Cal-OSHA is stating that it could take several months for the cause to be determined.

UPDATE II [9/3]: It is being reported today that three seriously injured individuals from the August 28 walkway collapse are still hospitalized. The most serious appears to be one victim who suffered a “broken back.” According the San Diego Union Tribune, the victims ages ranged from 16 to 64. The incident is still being investigated, and we will be keeping on top of this story.

UPDATE III [9/8]: Raw video footage of the accident has been release and can be found on the local NBC website (click here). It is being reported that OSHA may take up to six months to complete its investigation.

Walton Law Firm LLP represent is a consumer law firm that represents the victims of personal injury, wrongful death, and elder abuse and neglect. Cases are taken throughout San Diego County, and consultations are always free.