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Construction sites have many opportunities for injuries. There can be many hazards on a site at a time: electrical hazards, high spaces that both workers and visitors have to climb, and heavy equipment that can cause serious injury when operated improperly. Those hazards can lead to injuries with long-term ramifications for both workers and visitors on the site.
Did you suffer injuries due to hazards on a construction site? Do you need to file a personal injury claim? Contact the Riverside Construction Accident Lawyers at Gomez Trial Attorneys today at (619) 237-3490 to schedule a consultation.
Riverside construction sites must adhere to strict safety regulations that are meant to reduce the risk of injury. Unfortunately, even minor negligence can lead to severe injuries on a construction site.
Many construction sites include work on or around electrical wires. A general contractor may even bring in an electrician to work specifically on those areas. Exposed wiring can present a serious hazard, especially if live wires are exposed and other workers do not know that power is still running to them. Contact with those wires can cause severe electrical burns.
Unlike traditional burns, which leave damage at the immediate site of the injury, electrical burns not only cause severe pain and damage to the skin and underlying tissue, they can leave damage throughout the body.
Victims with electrical burns may suffer from:
Many of the products used on construction sites include dangerous chemicals. On a safe construction site, these chemicals get stored carefully and labeled to ensure that everyone knows what dangers those chemicals can pose. However, mislabeled chemicals or failing to store them properly can lead to severe illness and injury. Some chemicals can cause chemical burns immediately upon contact. Others may cause breathing difficulties or even long-term lung damage if not treated properly. Some chemicals can also cause blindness.
On many construction sites, workers must conduct their business at significant heights. Proper safety precautions, including harnesses and safety rails, can help reduce the risk of a fall. Some workers, however, may still fall despite these precautions.
Falls can lead to these severe injuries:
Heavy equipment on a construction site can pose a serious hazard to workers, especially if it malfunctions. Often, construction equipment has a weight measured in tons.
Workers injured by malfunctioning or improperly-used equipment may suffer lifelong consequences.
Workers on construction sites often complete their job duties while on a building. Unfortunately, this poses a hazard for falling objects that can impact visitors and other workers passing by beneath them.
Falling objects can cause serious injuries, including:
Not only do power tools pose a risk of amputation or electrocution, many tools can cause items to fly through the air—the chuck key if someone forgets to remove it from a drill press, for example. Sometimes, these hazards can cause puncture wounds. Other times, if they fly into the eye, they can cause eye injury or blindness.
Following an accident on a Riverside construction site, many victims have serious questions about their legal rights and the compensation they could receive. Consult an attorney to learn more about your specific claim. Contact Gomez Trial Attorneys today to get more information.
If you suffered an injury on a construction site as a worker, do you have grounds for a personal injury claim or a workers’ compensation claim—and how can you tell the difference?
A workers’ compensation claim arises when any worker suffers an injury while performing his or her daily job responsibilities, regardless of who caused the injury. Unless you deliberately injured yourself, you can collect workers’ compensation benefits for your injury if you suffered an injury at work.
Workers’ compensation benefits usually include:
A workers’ compensation claim, unlike a personal injury claim, does not include compensation for pain and suffering. In some cases, even if you suffered injuries as a worker on a construction site, you may have grounds to file both a personal injury claim and a workers’ compensation claim. Your workplace, however, may require you to pay back some or all of the funds from your workers’ compensation claim out of a personal injury settlement.
Accidents can happen regardless of how safety-conscious construction sites are. Construction workers deal with substantial hazards every day. Many of these hazards can lead to severe injury after even a moment’s negligence or inattention.
Most often, the primary construction company working on the site bears liability for construction site accidents. If the accident involves a worker on the site, that worker has the right to file a workers’ compensation claim for compensation. On the other hand, if someone who does not work for the construction company suffers an accident with serious injuries, that party may file a personal injury claim.
However, more parties than just the primary construction company may bear liability for a construction site accident. Consult an attorney to learn more about whether these circumstances apply to your claim and how it can impact the compensation you may ultimately receive.
Contact the attorneys at Gomez Trial Attorneys today to see if you can hold any of the following responsible for your Riverside construction accident.
If you suffer injuries on a Riverside construction site, how much compensation should you expect? The answer can depend on the extent of your injuries and the party that bears liability. If you suffer injuries as a worker, you may not have the right to file a personal injury claim against your company unless the company committed a clear act of negligence.
For instance, if the company failed to provide proper safety equipment but insisted that you move forward with those responsibilities anyway, they may hold liability. On the other hand, if you suffer injuries due to another party’s negligence, or if you suffer injuries as a visitor to a construction site, you may file a personal injury claim. An attorney can give you a better idea of how much compensation you should pursue in an action.
Despite the numerous differences in the specific damages sought, many people include the same elements in their personal injury claim.
Keep in mind that the construction company’s insurance agent may contact you soon after the accident. The company will often offer a settlement designed to look appealing on the surface. Consult an attorney before accepting this offer, since it may not reflect the full compensation you deserve for your injuries.
If you’re a Riverside construction worker, you understand that construction is sometimes a dangerous job. With so many workers, machines, vehicles, and critical operations coming together on a single site, injuries are often inevitable.
It’s the employer’s duty to implement safety precautions and furnish protective gear and equipment. Harnesses keep workers safe if they fall from elevated work areas. Shoring protects workers while they’re performing jobs in deep trenches. Unfortunately, sometimes employers see safety compliance as inconvenient or too costly. As an employee, you usually have no choice but to work anyway.
If you sustain an injury at work, you are eligible for California workers’ compensation benefits. Sadly, that’s not always enough, but you may have additional options. You may have the legal right to file a claim against a non-employer.
If you were injured at work, we recommend that you consult with an attorney to review your legal rights. We’ve also created this Riverside Construction Accident FAQ to answer some of the most frequently asked questions we receive from construction accident clients.
Many circumstances lead to injuries on construction sites. The Occupational Safety and Health Administration (OSHA) finds that the circumstances known as construction’s “fatal four” cause construction site injuries most frequently.
The “fatal four” are:
Every day, construction workers sustain injuries due to these and many other types of accidents.
The most recent full-year statistics from the California Department of Industrial Relations show that 71 workers sustained fatal injuries while working on a construction site. Twenty-seven of those injuries occurred during building construction. Twenty-nine workers sustained fatal injuries due to falls, slips, or trips.
Some of the most common types of injuries include:
Under California’s workers’ compensation law, your employer must pay your medical expenses if you sustain an injury in a Riverside construction accident while on the job.
To retain their license, all contractors (with limited exceptions) must provide a Certificate of Workers’ Compensation Insurance or Certification of Self-Insurance to the Contractors State Licensing Board.
You qualify for workers’ compensation wage benefits if your treating physician confirms that you can’t work for at least three days or if you were hospitalized. The claim administrator must send your first disability payment within 14 days. The administrator owes a 10 percent penalty if they don’t send your payment out in time, as long as you filed your claim more than 14 days before your payment was due.
You will receive payments based on your ability to work during your recovery. If your doctor confirms that you can’t perform your normal job duties, you can receive disability benefits.
Payments are subject to minimums and maximums that change periodically, and generally fall into the following categories:
When your doctor concludes that you’ve reached maximum medical improvement, your condition won’t likely improve regardless of treatment. If you still have impairments that restrict your work capacity, you receive lifetime payments based on your level of disability.
If you sustain a construction site injury, you must report your claim to your employer. Your employer must provide you a Workers’ Compensation Claim Form (DWC 1). When you turn in your completed form—which we can do for you—this initiates the claim process. Your employer then completes their portion of your DWC 1, gives you a copy, and forwards the report to their insurance company. If your employer is self-insured, they forward your report to their claim administrator.
Workers’ compensation coverage pays benefits for sudden and accidental injuries. It also covers work-related injuries or medical conditions that progressed over an extended period. These sometimes include chemical, asbestos, or other substance exposure injuries. In either case, you must report your claim to your employer as soon as you realize that your injury is work-related.
The California Division of Workers’ Compensation Information and Assistance Unit guides employers, employees, unions, and other parties with an interest in the workers’ compensation claim process. You may also wish to consult our attorneys for legal advice and guidance about compensation or legal actions against responsible parties.
Under most circumstances, when your employer purchases a workers’ compensation insurance policy or self-insures, they owe only for economic damages. These include lost income, medical bills, mileage to and from the doctor, and other medical or disability-related costs. Even when workers’ compensation coverage makes payments for permanent or temporary disabilities or death benefits, they base those payments on lost wage calculations.
You may file a lawsuit against your employer if:
To recover damages from someone other than your employer, you must prove that their negligence caused your injuries.
You have a legal right to file a liability claim or lawsuit for a job-related injury if:
California Labor Code gives your employer subrogation rights for any payments they have made to you and on your behalf. This allows them to make a claim against the other party who caused your injuries. Your employer may either join your lawsuit or file a separate action. We can help you understand all of this and protect you throughout the process.
You or your legal representative must investigate the circumstances that caused your injury. If someone other than your employer injured you, you must identify the responsible party and determine their role in causing your injury. You must then place them on notice of your intent to make a claim.
Construction contractors usually provide a certificate of insurance before they perform their job duties. If they have a general liability or contractor’s liability policy, their insurer will handle your claim. Once an insurer receives notice of your injury claim, they investigate. If they determine that their insured is responsible for your damages, they may make a settlement offer.
In California, the Division of Occupational Safety and Health (Cal/OSHA) conducts OSHA activities. They can’t investigate every incident.
Investigators respond to workplace situations based on:
Cal/OSHA reports are available to the public under the Freedom of Information Act.
Yes. Construction accidents are complicated. They often involve multiple contractors and numerous liability issues. When you work with our construction accident attorney, you receive the benefit of their claim and litigation history. A seasoned attorney can assist you with workers’ compensation issues and initiate appeals on your behalf. They can conduct a liability investigation to gather all the available evidence and wade through the legal complications. When appropriate, an attorney can deal with liability insurers and negotiate an injury settlement.
Your initial consultation with Gomez Trial Attorneys is free. You don’t have to commit to a liability claim or lawsuit. A consultation is an information-sharing session. You have an opportunity to tell your story and learn more about your legal options.
If you suffered injuries on a construction site, a Riverside personal injury attorney could help you seek the compensation you deserve for your injuries. Many accident victims find that working closely with an attorney increases the compensation they pursue and receive, while simultaneously providing them peace of mind throughout the claim. While no result is guaranteed, the team at Gomez Trial Attorneys is here to help.
Gomez Trial Attorneys
11840 Pierce Street STE 200
Riverside, CA 92505
No Fees Unless We Recover Money On Your Behalf