Los Angeles Construction Accident Lawyer
If you have worked in construction for even a few years, you will likely be a witness for your share of injuries among people working beside you. When you have been working in construction for most of your career, chances are you have been injured yourself. Generally, construction remains one of the most hazardous of all occupations in California and the United States. Statistic shows that over the course of a construction worker’s career, he or she can expect to sustain three to four serious injuries. One in 50 construction workers will die in a construction site accident on an annual basis.
Anyone who works in the construction industry knows how risk the job can endure. On-the-job injuries almost seem inevitable, and while most workers know that they can get work comp, few realize that they might be entitled to more comprehensive financial compensation.
If you were injured while working on a construction site, you might have grounds to file a personal injury claim and recover more money for your losses than workers comp will ever provide. This is only possible when a construction accident meets certain criteria, however, and it’s not always clear when the necessary conditions are met. If you have been seriously injured while working at a construction site, you owe it to yourself and your family to contact our personal injury lawyers. Our Construction Accident Lawyers in Los Angeles can help you determine how strong your case is and exactly how much your claim could be worth.
When Should You File a Personal Injury Claim for a Construction Accident?
Once you have been hurt on your job, most injured workers are told that they have to settle for what workers comp provides. In most cases this can be true, as workers comp laws were specifically designed to shield employers from lawsuits filed by injured employees.
Furthermore, there are some caveats to the rule, and if your construction accident meets any of the below criteria, you might have the right to file a personal injury claim against the negligent party:
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Your employer doesn’t carry workers comp insurance
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Your employer was willfully negligent, such as by ignoring an already-cited OSHA violation
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Your employer put you in a dangerous situation with the specific intention of harming you
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Your injury or illness was caused by a toxic substance or chemical
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A product manufacturer’s faulty equipment failed and caused your accident, such as defective safety equipment or poorly made heavy machinery
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A third party outside of your employer caused the accident, such as a contractor or passerby
Investigating the Construction Accident
Based on the scenarios listed above, the case will not be clear-cut at first glance of looking at it. This makes it necessary for your Los Angeles Construction injury attorney to investigate what happened and who was responsible for the damages endured.
Identifying everyone responsible for the construction accident could make it clairvoyant that you’re entitled to more than just your workers comp claim.
The following below are just a few example scenarios and who might be responsible for them beyond your employer:
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Explosions and Fires. The property owner for not informing your company of the hazards present or a product manufacturer if a malfunction led to the explosion or fire
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Falling from Heights. A product manufacturer if your safety equipment failed or a passerby if he or she did something to upset your balance
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Vehicle Accident. An outside driver passing through the site, especially likely if you were performing roadwork
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Electrocutions. The manufacturer of faulty electrical equipment or a property owner for not addressing electrical hazards that were present
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Chemical Exposure. The manufacturer of a toxic substance that led to an illness or burn injury, such as asbestos causing mesothelioma
You Might Be Eligible To Get More Than What Workers Comp Covers
Although, workers comp is a great stop-gap measure, the problem is that it only covers certain injury-related damages. You can expect to have most of your medical bills covered and a portion of your lost wages, but not much else.
You should always file a workers comp claim, but you should also consult with a lawyer to determine whether you might have grounds to also pursue a personal injury claim.
If your construction accident meets the required criteria, you might be able to seek compensation for all of the damages and losses you’ve experienced that weren’t covered by workers comp, such as the following examples:
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Your remaining medical bills for treatments, medication, and equipment
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The portion of your lost wages not covered by workers comp
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Transportation expenses and home renovations required by a new disability
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Pain and suffering
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Emotional distress
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Lost enjoyment of life
Connect with a Los Angeles Construction Injury Attorney
Our California construction site injury attorneys represent clients who have been injured due to all of the following causes and more:
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Falls from elevator shafts, work platforms, scaffolding, industrial lifts, unprotected edges, and ladders
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Electrocution
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Defective tools and materials
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Exposure to excessive noise, causing hearing loss
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Crane and other equipment accidents
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Scaffolding accidents
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Explosions
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Overloaded or defective construction equipment
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Exposure to toxic gasses, chemicals, and solvents
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Negligent construction and site management leading to unsafe working conditions
Insurance adjusters who represent employers have a reputation for denying claims outright, denying legitimate claims for necessary medical care and blaming the accident on the worker or another party. Many insurance adjusters also require the injured worker to consult with a doctor chosen by them rather than a doctor chosen by the worker. As you would suspect, this doctor is probably paid by the insurance company for his or her services—that is, for providing a “friendly” diagnosis.
Another tactic often employed by insurance companies and their lawyers is to offer the injured construction worker a quick settlement, one that is likely worth considerably less than the injured worker would receive if represented by our California construction site accident attorneys.
It is imperative to note that when a construction worker is injured, he or she is frequently allowed to pursue both a personal injury and workers’ compensation claim. Because a settlement or judgment in your personal injury case can have negative consequences on your workers’ compensation case, and vice versa, it is important to evaluate and coordinate both cases within the same firm in order to maximize your recovery.
Another factor to consider is that injured construction workers are increasingly required to go through the Alternative Dispute Resolution (ADR) process to pursue their workers’ compensation claims.
You will owe us nothing for our representation unless we obtain compensation for your injuries. So if you have been injured on the job, contact us as soon as possible for a free evaluation of your case at (424) 256-9055.
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