A former construction foreman has been charged with four felony counts in connection with a 2008 construction accident.
April 07, 2011 /24-7PressRelease/ -- In the same way that a drunk driving accident may result in criminal (DUI) charges as well as civil claims (for property damage or injuries caused in the accident), worksite accidents may also give rise to both criminal charges and civil claims for damages.
A recent case out of San Luis Obispo County is a perfect example where both civil and criminal consequences arose out of a construction accident. A construction site foreman was charged with two counts of involuntary manslaughter and two counts of violating the Labor Code in connection with a worksite accident in 2008 that resulted in the death of two men.
Criminal Charges
Two workers were removing struts from a pipe laid in a trench when an excavator working on another section of the trench reportedly struck a city water line. Both workers were trapped in the trench, and drowned.
According to the San Luis Obispo Tribune, the foreman instructed the workers to continue digging even though he had been warned that there was a water line in the excavation area. Investigation documents indicate confusion whether there were utility lines, reported the New Times. The foreman told investigators that he may have looked at a site map upside down, not seeing the water line marking, or that he may have relied on an unmarked map.
He now faces a total of six years and four months in jail if convicted of all four felony charges.
Civil Settlement and Fines
Criminal charges were not filed against the construction company; instead, the District Attorney sought and the company has agreed to pay monetary and safety reform. The construction company has agreed to pay $3 million, which will be divided among San Luis Obispo County, the California District Attorneys Association and the City of Paso Robles. The company will also adopt new safety procedures to improve employee safety at its excavation sites.
According to a company vice president, other settlements outside of court were also made with the families of the victims.
The company is appealing two $70,000 fines levied against it in early 2009 by the Division of Occupational Safety and Health (better known as Cal/OSHA) for a serious and willful violation.
Recourse When Workers are Injured
While not every construction accident results in both criminal and civil consequences, injured workers still have the right to pursue compensation for their injuries -- in some instances pursuing damages against those whose negligence caused the worksite accident.
When a worker is injured in a construction-related accident, there are various types of recourse, including:
- Workers' compensation: Injured employees can file an administrative claim with the workers' compensation insurance for money for medical bills and lost wages
- Court settlement or litigation: Injured workers can file a civil action to pursue money damages
- Civil fines and penalties: State, federal or local agencies and entities may impose fines and penalties on the employer for safety or other violations.
- Criminal charges: The employer, or individual supervisors or co-employees, may face criminal charges when their role in the accident is so egregious as to rise to the level of criminal responsibility.
Not all recourse against the employer directly affects injured workers or their families. That is, civil fines or criminal charges are generally used to punish the employer, or as a basis for educating the employer and correcting the dangerous conditions that gave rise to the accident.
On the other hand, workers' compensation benefits are paid directly to the injured worker. Similarly, if a worker brings a courtroom action against the employer or supervisor, to the extent a jury award or court settlement is reached, that money would be paid directly to the injured worker. Verdicts and settlement money is used to compensate for medical expenses or loss of wages.
Jury awards can also be used to punish employers if the employer acted willfully, committed gross negligence or acted in disregard of humanity. In these instances, the court may impose punitive damages, which are awarded to the victim even though the purpose is to punish the employer.
Any workers who have suffered an illness or injury due to a workplace accident should contact a personal injury attorney to determine whether they have a claim for damages and to protect their right to claim those damages.
Article provided by Shapiro, Galving, Shapiro & Moran, PC
Visit their site at www.tadshapiroinjurylawyer.com