When a construction accident injures you, your physical well-being and ability to work are at risk. You deserve compensation for your injuries, and a Los Angeles construction accident attorney can get it for you. The risk of serious injury on the job is a reality construction workers face every time they enter a site.
Quick Summary
- Ensuring safety on California construction sites involves adhering to OSHA regulations.
- Construction sites pose inherent risks, with open wires, power tools, and heavy materials leading to various accidents. Falls, strike-bys, electrocution, caught-in-between incidents, falling objects, and equipment mishaps are prevalent.
- Passersby face hazards like falling objects and poorly placed materials, emphasizing the need for safety precautions.
- Faulty hoists, unsafe scaffolding, crane misuse, negligent truck operations, tractor-related injuries, forklift accidents, bulldozer incidents, defective power tools, grater-related injuries, and heavy machinery accidents pose additional risks.
- Amputations, broken bones, cuts, impalement, eye injuries, muscle and ligament injuries, traumatic brain injury, spine injury, and loss of hearing are common construction equipment injuries
- Post-construction accident steps such as prioritize safety and seek immediate medical attention, ensuring comprehensive documentation of injuries. Collect information, preserve evidence, initiate workers’ compensation claims, and consider legal consultation for potential third-party liability.
- Construction accident victims have a two-year window to file personal injury lawsuits for damages and lost wages.
- Workers’ compensation covers injuries, but a personal injury claim may be necessary for certain circumstances.
- Medical bills, lost wages, pain and suffering, emotional distress, and costs of medical equipment constitute potential construction accident injury compensation.
You may be able to file a personal injury claim against the parties who are at fault for your injury. Winning compensation of this kind allows coverage of all your damages. Working with a Los Angeles construction accident lawyer at Haffner Law will help you receive a comprehensive settlement to cover your losses. We’re ready to build your case.
What Are Construction Accidents?
Construction accidents occur as a result of actions taken to enhance, fix, construct, demolish, clean, or create certain structures, resulting in a wide range of incidents, from property damage to personal harm.
How Do OSHA Keep California Construction Sites Safe?
OSHA checks job sites to find rule violations that might harm workers, including:
- Scaffolding lacks proper safety measures
- Insufficient protection for breathing
- Issues with electrical systems
- Machinery lacks proper guarding
- Problems with signage
OSHA has various rules and recommendations that construction firms must adhere to. These include the following. Not following these guidelines and local building codes indicates negligence by construction companies.
- Identifying Hazards. Recognizing risks like falling, flying, swinging, slipping, or objects on the ground
- Preventing Accidents. Utilizing protective gear, correctly storing hazardous materials, and taking safety precautions in work zones
- Safety With Equipment. Inspecting and handling tools and equipment safely
- Awareness of Building Materials. Steering clear of falling debris, elevator mishaps, faulty stairs, walls, and potential floor or roof collapses
- Preventing Construction Vehicle Accidents. Steer clear of hoisting and forklift incidents, regularly inspect vehicles, ensure proper vehicle movement, and use appropriate work zone signs.
What Are the Most Common Causes of Construction Accidents in California?
Construction sites pose significant risks with open wires, power tools, hefty building materials, and exposed structures, creating ample potential for various serious accidents, even when safety protocols are diligently observed. Below are some prevalent triggers for injuries in construction accidents:
- Falls
- Strike-Bys
- Electric Shocks
- Caught In-Between
- Falling Objects
- Equipment Mishaps
Moreover, people passing by construction sites face risks from hazardous conditions, including falling objects, poorly positioned materials causing tripping hazards, absence of signage or visual warnings (e.g., for holes and ditches), and a lack of safety gear like hard hats for visitors. Additionally, other factors contributing to injuries on construction sites include:
- Faulty Hoists
- Hazardous Scaffolding
- Crane Misuse
- Negligent Truck Operations
- Tractor-Related Injuries
- Forklift Accidents
- Bulldozer Incidents
- Defective Power Tools
- Grater-Related Cuts and Lacerations
- Accidents With Heavy Machinery
What Are the Most Common Types of Construction Equipment Injuries?
Injuries from construction equipment can be severe, and at times, even fatal due to the substantial impact force involved. The primary categories of construction equipment injuries include:
- Amputation
- Broken or Fractured Bones
- Cuts and Lacerations
- Impalement
- Eye Injuries
- Muscle and Ligament Injuries
- Traumatic Brain Injury (TBI)
- Spine Injury
- Loss of Hearing
At Haffner Law, our team of legal professionals combines patience and kindness with an assertive and determined approach when advocating for our clients. As one of California’s most committed construction accident law firms, we place a high value on the attorney-client relationship, striving to meet our clients’ needs.
What to Do Following a Construction Accident in California?
In the aftermath of a construction mishap in the Golden State, understanding the crucial steps to take can be pivotal. Navigating the aftermath demands a blend of vigilance and comprehension of the legal landscape.
Immediate Actions
Post-accident, prioritize your safety and well-being. Seek medical attention promptly, ensuring comprehensive documentation of injuries. Notify the supervisor about the incident swiftly, securing an accident report. Capture the scene through photographs if feasible, preserving visual evidence.
Collecting Information
Gather pertinent details about the accident, including witness statements, names, and contact information. Document the construction site’s conditions, equipment involved, and prevailing weather. This mosaic of information can be instrumental in constructing a comprehensive case.
Preservation of Evidence
Safeguard any potential evidence meticulously. This encompasses preserving damaged equipment, securing relevant documents, and maintaining the accident site’s integrity. This ensures a solid foundation for any subsequent legal actions.
Workers’ Compensation Claims
Explore the avenue of workers’ compensation promptly. Notify your employer about the incident, initiating the claims process. This avenue facilitates financial support for medical expenses and potential lost wages during recovery.
Legal Consultation
Engage the legal service of our competent Los Angeles construction accident attorney. Legal consultation offers insights into potential avenues for compensation beyond workers’ compensation, such as third-party liability claims against contractors or manufacturers.
Insurance Matters
Understand the insurance dynamics at play. Identify the relevant insurance policies, delving into potential coverage for medical expenses and property damage. A nuanced comprehension of insurance intricacies can streamline the compensation pursuit.
Statute of Limitations
Be cognizant of California’s statute of limitations. Timely action is imperative, ensuring compliance with the legal timeframe for filing a claim. Delays may jeopardize your ability to seek compensation.
Potential Third-Party Claims
In tandem with workers’ compensation, explore third-party liability claims. If entities beyond your employer contributed to the accident—be it equipment manufacturers or subcontractors—these entities may bear responsibility.
Documentation for Legal Proceedings
Prepare for potential legal proceedings by compiling a comprehensive documentation package. This encompasses medical records, accident reports, witness statements, and any correspondence with insurance entities. A meticulous dossier strengthens your legal stance.
What is California’s Statute of Limitations for Construction Accident Injury Claims?
Construction accident victims in California face a time constraint when seeking compensation through a personal injury lawsuit against an individual or business accountable for their injury. Specifically, you have a window of two years from the incident’s date to initiate legal action for damages and lost wages.
Delaying beyond this timeframe puts you outside California’s “statute of limitations,” risking dismissal of your case by the judge. Even if you bear no blame for the personal injury, waiting too long may leave you without compensation. Reach out to our skilled personal injury lawyer today to safeguard your legal rights following a work injury.
When Can a Personal Injury Claim Be Filed?
Workers’ compensation will often cover medical expenses and a percentage of your lost wages, but what happens when your doctor orders a test or procedure the insurer doesn’t deem necessary? That part of your claim is denied, and you have to pay for it out of pocket.
Working with a Los Angeles construction injury lawyer to file a personal injury claim will allow you to recover all of your medical expenses without worrying about which tests or surgeries will be covered and which ones will not. Filing a civil suit, however, requires that your accident circumstances meet particular criteria.
Your lawyer will investigate to see whether your situation meets any of the following requirements:
- You were hurt by a defective product or fell ill after exposure to a toxic substance.
- Your employer does not carry workers’ compensation insurance.
- You were injured because of your employer’s deliberate negligence or malice.
- You experienced harm because of the actions of a third party.
While workers’ compensation can afford you some benefits, you should know you have a right to file a personal injury claim if your construction injury circumstances meet any of the above criteria.
Determining Fault for a Los Angeles Construction Accident
Before you can file a personal injury claim, you and your Los Angeles construction accident injury attorney must investigate. You must prove that you were injured intentionally or that a third party was responsible.
For example, if your injury resulted from a fall off of scaffolding, the cause of your fall will determine whether your compensation comes from your employer’s policy or a personal injury claim.
If your attorney discovers that the body belt and harness you were wearing were defective and these products ultimately caused your fall, you may have a product liability case against the manufacturer. The following are just a few of the potential ways you could experience injury on the job site:
- Building or room collapses
- Fires or explosions
- Electrocutions
- Falls from ladders or other heights
- Toxic substance and chemical exposure
- Safety equipment failure
- Falling objects, tools, or building materials
- Heavy machinery accidents with forklifts, cranes, or other equipment
Who Can File a Construction Accident Claim in California?
Not everyone injured on a California construction site qualifies for workers’ compensation. Non-employees, including day laborers, contractors, subcontractors, site visitors, passersby, vehicles, residents, and others, must file a personal injury claim to recover damages.
In certain situations, a third party might be responsible for your injuries. For instance, if a defective bolt in a crane causes a critical injury by dropping materials (or any other faulty machinery, equipment, or tools that cause harm), you might hold the manufacturer accountable through a product liability lawsuit.
Even if you’ve received workers’ compensation, it doesn’t prevent you from pursuing action against third parties liable for your injuries. Navigating the laws regarding construction accident injuries can be intricate, often requiring the guidance of our seasoned construction injury lawyer.
Haffner Law ensures accountability for construction industry leaders and companies in upholding health and safety policies on the job site.
Workers’ Compensation Claim Versus Personal Injury Claim
Injuries on construction sites are often covered by workers’ compensation—an insurance offering wage replacement and medical benefits to employees injured on the job. However, in return, the employee forfeits the right to sue their employer.
If the accident doesn’t involve a third party, a workers’ compensation claim may be your sole option. Yet, if someone other than your employer played a role in the workplace accident, you can file a personal injury claim. To pursue this avenue, seek the legal service of our knowledgeable personal injury lawyers.
It’s crucial to pursue both full workers’ compensation benefits and the personal injury compensation you rightfully deserve.
Compensation After a Construction Accident
Establishing cause and fault are some of the first steps in building your Los Angeles construction injury claim. Next, you should work with your lawyer to assess the full value of your case before accepting any payment from an insurance company or other at-fault party.
The type and extent of your injuries will dictate what kind of medical care you will need, how long you will be out of work, and how exactly your life will change going forward. You deserve compensation for your injuries and the mental and emotional anguish you’ve suffered after your injury.
Your lawyer will make sure you recover the true value of all your losses. We may be able to recover damages for:
- Medical Bills
- Lost Wages
- Pain and Suffering
- Emotional Distress
- Costs of Medical Equipment
Why Do I Need a Construction Accident Attorney in California?
Understanding the necessity of a construction accident attorney in California stems from the complexities inherent in navigating the aftermath of a construction-related mishap. In the pursuit of justice and rightful compensation, the guidance of a seasoned legal professional becomes invaluable.
At Haffner Law, our Los Angeles construction accident attorney offers:
- A profound understanding of California’s complex construction laws, ensuring precise handling of your case, covering workers’ compensation and liability regulations, among others.
- Assistance in filing your workers’ compensation claim accurately and promptly, ensuring you receive proper compensation for medical expenses and potential lost wages, which is crucial in post-accident proceedings.
- We excel in handling insurance matters by identifying relevant policies and optimizing your eligibility for coverage, ensuring a comprehensive and strategic approach in post-accident proceedings that aligns with your best interests.
- Our personal injury lawyer helps you systematically gather and preserve evidence, such as accident reports and medical records, to strengthen your case and increase the chances of a favorable outcome.
- Our negotiation skills, honed through experience, are instrumental in dealing with insurance companies and opposing parties to secure fair and just compensation while safeguarding your interests throughout the process.
- Having our dedicated legal professionals by your side in court becomes indispensable, ensuring effective representation and advocacy for your rights to pursue the compensation you deserve.
- Having our construction accident lawyer provides peace of mind to the injured party by navigating the legal complexities, allowing individuals to focus on recovery and rebuilding their lives.
Your rights matter, and so does your recovery. Our skilled Los Angeles construction injury lawyer is here to guide you through the legal process and ensure you receive the compensation you need. Don’t wait; contact us today for a free case review..
Connect With a Los Angeles Construction Injury Lawyer
If you’ve suffered an injury at a construction site, you have a right to hold the negligent party accountable. Haffner Law knows personal injury law and has experience handling construction accident cases.
To schedule a free case review with a Los Angeles construction accident lawyer, call us at (213) 423-0518 or fill out the online contact form at the bottom of the page. Our law firm can also assist you with Commercial Vehicle Accidents, Pedestrian Accidents, Premises Liability, and Vehicle defect Accidents.
