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The construction industry is critical to the success of California as a whole. Statistics show that construction is California’s 5th largest industry and makes up 5% of the state’s total economy on its own.
With this in mind, the vastness of the industry contributes to the fact that construction accidents also rank among the highest number of work-related fatalities and injuries in the state. If you’ve recently been involved in a construction-related accident, then it’s important that you understand your rights in California. Depending on your situation, you could be eligible for financial compensation to help you cover your monetary expenses while you heal.
California construction accident lawyers can help you unpack what happened, your options for recovery, and your best path forward. Learn more about California construction accidents, compensation claims, and how our firm can help you navigate the process below.
Common Types of Construction Accidents in California
Since construction workers tackle a wide variety of tasks, it makes sense that there is a wide range of construction accidents in California. Here is an overview of some of the most commonly reported types of construction accidents:
- electrocution;
- getting struck by an object;
- slip and fall accidents;
- machinery accidents;
- burns;
- chemical injuries;
- getting caught in between objects;
- defective product injuries;
- cuts.
Since these accidents vary in severity, some are more dangerous than others.
Exploring the Top Four Dangerous Accidents
Statistically, the most fatalities in the construction industry happen as a result of four types of accidents:
- falling;
- getting struck by an object;
- getting caught in between objects;
- electrocutions.
These types of accidents are so dangerous that the Occupational Safety and Health Administration (OSHA) has dubbed them the “Fatal Four”. All of these types of accidents are preventable, but it requires action from both employers and employees.
Regular Accidents at Construction Sites
Construction work is dangerous, which is why construction safety is essential. OSHA has laid out several rules and regulations to help keep construction job sites safe. These rules require employers to provide employees with the right education, equipment, and safety standards to avoid regular accidents at construction sites.
For instance, if you’re expected to work from a height, then your employer should provide you with safety training and specific equipment that keeps you safer at heights.
Regular accidents happen at construction sites when these safety standards fall by the wayside. Many worksite accidents can be avoided by simply remaining vigilant.
Typical Injuries in Construction Accidents
Even when fatalities aren’t involved in a construction accident, construction-related injuries can be life-altering and very serious. Here are some of the most commonly reported injuries workers experience after construction accidents:
- traumatic brain injuries;
- spinal cord injuries;
- lacerations, burns, scrapes;
- broken bones;
- fractures, sprains, and strains;
- eye injury;
- hearing loss;
- knee or ankle injuries;
- chemical exposure injuries.
When your work-related injury is substantial and will require a long-term recovery period, it’s usually a good idea to consult with California construction accident attorneys who can help you determine your options for financial recovery.
Figuring Out Who Is at Fault in Accidents
After a work-related accident, it might be important to determine who was at fault for the incident. In some situations, your employer could be held liable. For instance, if your employer often violated OSHA standards and didn’t provide safety training or gear, then your employer might be considered at fault for the incident. It might be possible to file a claim against them.
Other parties could potentially be at fault, too. If a defective part in a machine caused your accident, then the machine manufacturer could be considered at fault for the accident. In this type of situation, you could pursue compensation from the machine manufacturer.
Understanding Worker’s Compensation and Other Claims
Worker’s compensation is a no-fault system, so finding out who was at fault won’t be as serious if you want to pursue compensation through your employer’s insurance. Keep in mind that your ability to seek out damages will be limited, though. Worker’s compensation offers financial compensation for medical bills and some of your lost wages. A personal injury claim could help you get damages in the form of medical bills, lost wages, pain and suffering, and more. Seeking out a personal injury claim will only be possible if your employer was being overly reckless or there’s a case of third-party negligence.
Choosing Kermani LLP for Construction Accident Cases
If you’ve recently experienced a construction-related accident in California that led to injuries, then it might be a good idea to get in touch with California construction accident lawyers about what happened. Here at Kermani LLP, our team of attorneys will help you identify who might be liable, where to seek compensation after your construction accident, build up a strong claim, gather up evidence and documentation, and help you negotiate with the other party.
We have years of experience representing construction workers in California who were injured on the job. We’ve worked with clients who have successfully pursued claims through Worker’s Compensation Insurance, and we’ve also helped clients receive a rightful settlement through a personal injury claim.
Depending on your situation, you should be able to get financial compensation through either a worker’s compensation claim or a lawsuit. The right lawyer will be able to give you an overview of all your options and help you navigate the situation so that you can get justice. Schedule a meeting with Kermani LLP now to get started on your journey towards getting the funds you need to recover.
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Frequently Asked Questions
How does California law protect construction workers injured on the job?
California’s worker’s compensation laws require all employers to take out insurance on their employees. That way, if a work-related incident happens, the injured worker can file for compensation regardless of who was at fault.
Can I file a lawsuit if I’m already receiving workers’ compensation in CA?
In general, the worker’s compensation system is designed to protect the employer from being sued. There are situations where you can pursue compensation from a third-party, though. For instance, if the accident was caused by a defective part, then you might be able to pursue a lawsuit for compensation from the part manufacturer while also receiving worker’s compensation.
What steps should I take if I’m injured in a construction accident?
If you get involved in a construction accident, then you should immediately report the accident to a supervisor or a manager. If the situation is an emergency, then don’t wait to call 911. Otherwise, you’ll want to get medical care at the nearest healthcare facility. Once you know the extent of your injuries, you can consider your options. Your employer should already be in the process of starting a worker’s compensation claim after you report what happened.
How can a California construction accident lawyer maximize my compensation?
A California construction accident lawyer can help you fully explore all of your options after you experience a work-related accident. They’ll help you determine whether anyone else might have been negligent or potentially liable in your situation. They can also help you maximize your compensation by ensuring that every claim you make is backed up with solid evidence and documentation.
In California, can I sue for a construction injury if I’m a part-time or temporary worker?
California’s laws require all employers to take out worker’s compensation on their employees. This includes both permanent and temporary staff, regardless of job status or risk level. All things considered, if you get hurt on the job as a part-time or temporary worker, then your rights to sue will likely be limited, as you’ll be covered under the worker’s compensation policy.
What are the time limits for filing a construction accident lawsuit in California?
In general, you have up to two years from the date of your construction accident to file a lawsuit in California.
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