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Santa Ana Construction Accident Lawyer
Construction Site Injuries
Construction can be a hazardous occupation. Hazards might arise at any step in the process, from the materials these experts work with to the other people on the job site to how employers handle the process. When they do, the consequences can be disastrous.
If you or someone you care about has been injured at work, our firm’s professional Santa Ana construction accident lawyer can assist you. For years, our team has advocated for workers’ rights throughout California. We are eager to put our excellent reputation to work for you. Contact our personal injury law firm today to set up a time that works for you.
Why Do I Need a Construction Accident Lawyer in California?
Not everyone injured on a California construction site is qualified for workers’ compensation. Non-employees, such as day laborers, contractors, site visitors, and passersby, must file a personal injury claim to recover damages. A third party may be held accountable for your injury in some instances.
The regulations governing construction accident injuries are complicated, and they frequently require the supervision and assistance of our experienced Santa Ana construction accident lawyer.
Diener Law holds construction industry firms accountable for maintaining and enforcing job site health and safety rules.
You may be able to seek damages from those who caused your injuries if you have our skilled construction accident attorney in Santa Ana, CA, on your side.
What Are the Most Common Types of Accidents on a California Construction Site?
Bystanders and persons passing by a nearby construction site are also at risk of injury. The men and women who work in these jobs are the most vulnerable. The following are some of the most common causes of construction site accidents:
- Machinery Accidents
- Vehicle Collisions
- Toxic Substance Exposure
- Collapse of Structure
- Objects Falling
- Respiratory Illness
- Explosion or Fire
- Neglected or Defective Equipment
What Are the Four Most Fatal Types of Construction Accidents?
According to the Occupational Safety and Health Administration (OSHA), some risks are more serious than others. The “fatal four” are the worst workplace accidents that result in a worker’s death. To limit the likelihood of these four types of incidents, construction companies must be particularly cautious and ensure correct safety practices are in place.
Safety equipment and fall arrest systems can help lessen the likelihood of a worker falling. Employers must ensure safe scaffolding and ladder use, which includes examining all equipment regularly to ensure it is in excellent shape.
Struck by Object
This can be an object that falls from the sky upon a worker or wings that fly into them. In many circumstances, wearing a hard hat can help lessen the severity of injuries. Workers should also wear brightly colored apparel so that other workers can see them.
Check for malfunctioning equipment, designate utility lines, have unbroken wires, and use lock-out and tag-out systems. Workers are operating heavy equipment, as well as those climbing ladders or utilizing metal items, should double-check the location of overhead electricity lines to avoid coming into contact with them.
Caught In or Between
Workers in this category were killed after being crushed or caught in equipment or objects. Construction workers who were crushed, caught, or stuck in a collapsing structure or equipment are also included. Trenches are a major concern, and protection solutions must be installed.
Benching, shoring, sloping, and bench shield systems can aid in keeping workers safe in an evacuated area.
What Are the Different Types of Construction Site Injuries?
Because of the immense force of impact, construction equipment injuries are frequently severe and sometimes fatal. The following are the most common types of construction site injuries:
- Broken or Fractured Bones
- Lacerations and Cuts
- Injuries to the Eye
- Injuries to the Muscles and Ligaments
- TBI (Traumatic Brain Injury)
- Spinal Cord Injuries
- Hearing Impairment
Please contact our experienced Santa Ana law office now to discuss the details of your construction accident case.
What Should I Do Following a Construction Accident in California?
In some circumstances, you may also have the legal right to file a personal injury claim against a negligent third party. Following a construction accident in California, your actions are critical for both workers’ compensation benefits and a prospective personal injury case.
Seek Medical Attention Right Away
In many cases, construction site injuries are serious or catastrophic. Seeking medical assistance right once is critical for your health, especially if the accident is serious. You or a coworker should dial 911 and request that emergency personnel arrives on the site. You may need to be transported to the hospital.
Alternatively, you may be told to see a doctor in the following days. Even if you don’t believe your injuries are severe, getting medical attention as quickly as possible after a construction accident is critical. Internal injuries that are not visible may exist. Any delay in treatment may jeopardize both workers’ comp and personal injury claims.
Notify the Appropriate Supervisor of the Construction Accident
Reporting your accident may be the first or second thing you do, depending on the severity of your injuries. Of course, receiving medical help is your main priority if you have life-threatening injuries. If your injuries are mild, you can begin reporting right away. This will help at the beginning of a workers’ compensation claim.
Some workers worry about reporting an accident due to immigration difficulties or fear retaliation from their employers. However, you risk losing your benefits if you do not report the accident immediately. The employer may withhold your benefits if you do not file a timely report. To be safe, always put your report in writing and get a copy.
Obtain Photographs of the Scene and Witness Information
If your injuries are serious, you may not have the time or capacity to photograph the accident site. If feasible, request that a coworker photograph the construction accident scene and the source of your injuries. This documentation is important, especially if a negligent third party is held liable for your injuries and other losses. If witnesses are not normally present at your job site, obtain their names and contact information.
Follow All Instructions Given to You by Your Treating Physicians
Following the medical specialists’ directions is critical when presenting a workers’ compensation claim. If you do not adhere to the treatment regimen or fail to appear for your scheduled sessions, you may jeopardize your workers’ compensation benefits and liability claim.
If you do not follow medical advice, the third party’s insurance company will likely claim that your injuries were minor. They might also argue that by failing to follow the doctor’s advice, you failed to “mitigate your losses.”
Preserve All Documentation
Making a folder containing all your claim-related material is one of the finest things you can do. You are permitted to preserve copies of the accident report, your medical records, and any contact with your employer or the workers’ compensation company. Keep track of how much time you’re missing from work and how the accident has affected your everyday life.
Consult a Construction Accident Lawyer
You may ask why you should contact our Santa Ana construction accident lawyer if your only option is workers’ compensation benefits. In certain circumstances, workers’ compensation companies unfairly refuse payouts to injured workers. Don’t think that’s your sole legal option without consulting our skilled construction accident attorney.
Diener Law has years of experience aiding injured California construction workers in obtaining the benefits and compensation they are entitled to. We can assist you in appealing a workers’ compensation rejection, determining if you have a third-party personal injury claim, filing a disability claim, and other matters.
To arrange a consultation, please contact our office right away. Allow our personal injury attorney to examine the facts of your construction accident and advise you on the best path of legal action.
Who Can Be Held Liable for My Construction Site Injuries?
Someone’s legal and financial responsibility for an accident is referred to as liability. In California, the party who is liable for someone else’s damages is the one who was primarily responsible for creating the injuries in question. You may require the assistance of our Santa Ana construction accident lawyer to establish another party’s liability for your recent construction accident. Diener Law may investigate your accident and assist you in identifying the responsible party or parties.
The following are some of the several types of parties that may be found responsible in a personal injury claim:
If you were injured on the job, your employer might be held accountable for your injuries. Discuss the possible benefit of a negligence case against your employer before settling for workers’ compensation.
Owner of the Property
The property owner might be held accountable if a faulty or dangerous property element causes your accident. A structural collapse, for example, might implicate the owner if they had reasonable cause to suspect a faulty foundation.
Manufacturer of the Product
Many construction site accidents result from product faults, such as crane collapses or asbestos-contaminated materials. In some injury scenarios, the product’s maker may be liable for damages.
What Are the California Workers’ Compensation Claims?
Workers’ compensation is a type of no-fault coverage and, under California law, the sole way to submit a claim against your employer. Any construction business must hold a no-fault policy that offers workers’ compensation coverage for its employees. The coverage is required, and it applies to all employees.
Because it is “no-fault” coverage, you do not need to prove that your employer did something wrong to obtain compensation. However, there are several restrictions on workers’ compensation benefits. The statute provides compensation to anybody who was hurt on the job or contracted an occupational disease while working in the “course and scope” of their job, regardless of who was at fault.
Workers’ compensation benefits will still apply even if you were somewhat at fault. However, if the accident happened when the employee was not engaged in the course and scope of their job, the workers’ compensation claim benefits may not apply. For example, the workers’ compensation company would refuse the claim if an employee was off-the-clock or not supposed to be there that day and was fiddling with the equipment.
Workers’ compensation would not likely apply if the employee was driving the construction truck and was involved in an accident that had nothing to do with their employment obligations.
What is the Difference Between Workers’ Compensation and Third-Party Claims?
A construction accident can be catastrophic for both the worker and their family. Then there’s the added stress of dealing with both the workers’ compensation and civil court systems. We have a Diener Law team that concentrates on California construction accidents and have years of experience assisting injured employees in pursuing third-party liability claims.
Understanding how these systems differ might be difficult, especially when trying to focus on getting through the agony of your injuries. You must see a doctor approved by your carrier when filing a workers’ compensation claim. In rare cases, a workers’ compensation doctor may try to limit your treatment or prevent you from receiving the care you require.
By filing a third-party liability claim, you can see any doctor you like rather than one assigned by your company. Remember that a workers’ compensation doctor is not always on your side and will report back to your employer and the company. An IME or an independent medical examination may also be conducted on you.
Despite its name, it is not at all self-sufficient. IME doctors are specialists who work with workers’ compensation insurance companies. The carrier will not hire them again if they bring back information that is helpful to you and encourages greater treatment and expense. Our knowledgeable Santa Ana construction accident lawyer will walk you through how both processes work.
Furthermore, we will assist you in obtaining the compensation you are entitled to from a third party responsible for your injuries.
What Are the Available Compensations for Construction Site Injuries?
Construction accident claims are distinct in that they frequently occur in the workplace while the victim is on the job. According to California’s workers compensation laws, an injured employee may be entitled to financial compensation through various channels. Construction accidents can occur in one of the following ways:
In certain circumstances, we claim compensation from the employer. We may seek temporary disability benefits, permanent disability benefits, or medical benefits, depending on the severity of the problem. Because of our extensive experience, our Santa Ana construction accident lawyer understands the measures that must be followed to ensure that you receive the financial assistance you require to preserve your quality of life.
Personal Injury Lawsuit
At most construction sites, success is the outcome of several factors working. Outside parties are responsible for some aspects, such as the equipment utilized or other subcontractors working on the same project. If one of them causes a construction worker to be injured on the job, we will take legal action against them.
Our product liability team can take on manufacturers of faulty scaffolding or ladders. We can take on other firms with careless personnel that causes accidents. You can rely on us.
Our firm’s devoted construction accident attorney in Santa Ana can assist you whether your case includes a falling accident, getting hit by a falling piece of building material, or any other construction accident. If you were injured due to someone other than your employer or a coworker’s carelessness, you have the right to bring a third-party liability personal injury case against them
How Can Our Seasoned Santa Ana Construction Accident Lawyer Help?
While it is possible to defend your claim, the stress of your injuries might properly represent your case while healing a challenge. You don’t want to miss the deadline to file your claim because of California’s rigorous statute of limitations legislation.
Our trained Santa Ana construction accident lawyer can assist you with filing and presenting your claim, enabling you to focus on other aspects of your life. We can also assist you with the following:
- Recover your damages as a result of your construction accident
- Reduce the amount of paperwork and time spent on insurance claims
- Fill out all relevant legal forms.
- Assist you in obtaining compensation for medical bills, missed earnings, and future medical requirements
- With the assistance of our skilled California construction accident attorney, you and your family can obtain compensation in a wrongful death lawsuit.
Construction accidents may be extremely complicated, with several parties accountable. Incorrectly assigning liability or underestimating the worth of your damages might jeopardize your ability to receive fair compensation. You may also be eligible to seek more than workers’ compensation if your job claim is insufficient to cover your injuries.
Diener Law attorneys understand the nuances of construction accident claims and how to design a legal strategy that matches the specific demands of your case.
Our Firm is Ready to Protect All Your Legal Rights
Our track record of success in numerous personal injury cases demonstrates that we have the experience and knowledge necessary to obtain maximum compensation for our clients. If we accept your case, it indicates we believe we have a good probability of winning.
You may rest and concentrate on your health and family while our skilled Santa Ana construction accident lawyer works on your case. Call or fill out our online form today to learn more about how we can assist you with your construction accident case.
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