Construction sites across Ontario present inherent dangers that can result in serious injuries or fatalities. Workers face risks from heavy machinery, unstable structures, electrical hazards, and hazardous materials daily. When accidents occur, injured workers and their families often confront overwhelming medical bills, lost wages, and uncertainty about their legal rights. 

The aftermath of a construction site accident can be particularly challenging to manage without proper legal representation. Our Ontario construction site accident lawyers at Lerner, Moore, Silva, Cunningham & Rubel (LMSCR) possess the knowledge and experience necessary to handle these challenging cases; we work diligently to investigate the circumstances surrounding each accident, identify responsible parties, and pursue maximum compensation for our clients. Our approach focuses on thorough case preparation and aggressive advocacy to achieve favorable outcomes.

What Types of Construction Site Accidents Are Most Common?

Our Ontario construction site accident lawyers have represented clients in the following common types of construction site accidents:

• Falls from heights, occurring when workers fall from scaffolding, ladders, roofs, or other elevated surfaces. These incidents often result from inadequate fall protection systems, defective equipment, or insufficient safety training.
• Struck-by accidents involve workers being hit by falling objects, moving vehicles, or swinging equipment. 
• Heavy machinery accidents occur when operators lose control of equipment or when workers are caught in the path of moving machinery. 
• Electrocution incidents happen when workers come into contact with live electrical wires or improperly grounded equipment. 
• Trench collapses and cave-ins can trap workers beneath tons of earth and debris, often resulting in fatal injuries.
• Chemical exposure accidents occur when workers inhale toxic fumes or come into direct contact with hazardous substances. 
• Burns from fires, explosions, or contact with hot materials also represent significant risks on construction sites. 

Each type of accident requires specific legal knowledge and investigation techniques to establish liability and damages.

Who Can Be Held Liable for Construction Site Accidents?

Multiple parties may bear responsibility for construction site accidents:

• General contractors typically have overall responsibility for site safety and must implement comprehensive safety programs. 
• Subcontractors can be liable for accidents occurring within their specific work areas or involving their employees. 
• Property owners may face liability if they fail to maintain safe conditions or provide adequate warnings about known hazards.
• Equipment manufacturers can be held responsible when defective machinery or tools cause accidents. This includes manufacturers of scaffolding, safety equipment, heavy machinery, and other construction tools. 
• Architects and engineers may bear liability if their designs contain inherent safety flaws or fail to meet applicable building codes.
• Government entities responsible for inspecting construction sites may face liability if they fail to identify dangerous conditions or enforce safety regulations. Supervisors and foremen can be personally liable if their negligent supervision or safety violations contribute to accidents. 

The determination of liability requires thorough investigation and analysis of all contributing factors.

What Compensation Is Available for Construction Site Accident Claims?

Claimants can pursue different forms of compensation for construction site accident claims in Ontario, depending on the circumstances and severity of injuries. Medical expenses often represent the primary component of damages, covering both current and future medical treatment costs. This includes hospital stays, surgeries, rehabilitation services, prescription medications, and ongoing therapy.

Lost wages compensation covers income lost during recovery periods and may include future earning capacity if injuries result in permanent disability. Pain and suffering damages address the physical and emotional trauma experienced by injured workers – these non-economic damages can be substantial in cases involving permanent impairment or disfigurement.

Property damage compensation covers personal items damaged or destroyed in accidents, such as tools, clothing, or vehicles. In cases involving workplace safety violations, punitive damages may be awarded to punish negligent parties and deter future misconduct. Family members may be entitled to loss of consortium damages when injuries affect their relationship with the injured worker.

How Do Workers’ Compensation Claims Differ From Construction Site Accident Claims?

Workers’ Compensation claims are no-fault insurance benefits available to employees injured on the job, providing medical coverage and wage replacement regardless of who caused the accident. These claims typically involve faster resolution but limited compensation amounts.

Construction site accident claims, however, are personal injury lawsuits that can be filed against third parties (contractors, equipment manufacturers, property owners) when their negligence contributed to the injury. These require proving fault but potentially offer higher compensation, including pain and suffering damages.

Construction workers may pursue both simultaneously: Workers’ Compensation from their employer and personal injury claims against negligent third parties responsible for unsafe conditions.

How Long Do I Have to File a Construction Site Accident Claim?

California law establishes specific time limits for filing construction site accident claims, known as statutes of limitations. Personal injury claims must generally be filed within two years of the accident date or within two years of when the injury should reasonably have been discovered.  

Workers’ Compensation claims have different filing requirements, typically requiring notification to employers within a specified timeframe and formal claims submission to the Workplace Safety and Insurance Board. Missing these deadlines can result in forfeiture of benefits, making prompt action vital after any construction site accident.

Third-party claims against equipment manufacturers, property owners, or other non-employer defendants must also be filed within the standard limitation period. However, various factors can affect these deadlines, including the injured party’s age, mental capacity, and the discovery of new information about the accident’s cause.  

What Evidence Is Important in Construction Site Accident Cases?

Our Ontario construction site accident lawyers lead comprehensive evidence gathering and preservation efforts to build strong cases. This process includes accident scene documentation, such as photographs of the site, equipment involved, and hazardous conditions. Weather records, site inspection reports, and safety violation citations provide important additional context for understanding accident causes.

Medical records documenting injuries, treatment, and prognosis are also vital for establishing damages, while employment records showing wages, benefits, and work history help calculate lost income claims. Witness statements from coworkers, supervisors, and bystanders can provide valuable testimony about accident circumstances and safety violations.

Safety training records, equipment maintenance logs, and company safety policies help establish whether proper procedures were followed. Product documentation, including user manuals and safety warnings, becomes important in cases involving defective equipment. Finally, government inspection reports and building permits can reveal code violations or safety deficiencies.

LMSCR: Experienced Ontario Construction Site Accident Lawyers Who Pursue Justice for Clients

Our Ontario construction site accident lawyers at LMSCR have successfully handled numerous construction accident cases, recovering substantial compensation for injured workers and their families. For a free consultation, call our 909-889-1131 or complete our online form. Located in Ontario and Victorville, California, we serve clients in San Bernardino County, Ontario, Victorville, Hesperia, Apple Valley, Fontana, Rancho Cucamonga, Colton, and Riverside County.