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Every year thousands of construction workers are badly injured in construction related accidents. Whether it’s a falling girder, a broken or defective piece of equipment, or a product or machine without clear, visible warnings, construction workers are constantly exposed to dangerous work environments and can suffer serious injuries.
A construction job site is almost always a dangerous place, even under the best of conditions. When employers neglect safety training and use inferior safety equipment, they place construction workers at an even greater risk for falls, head injuries, and possibly death.
If you are a San Diego construction worker injured in a construction related accident, please give us a call at (619) 237-3490. Don’t face losing your job, suffering permanent disabilities, and incurring a lifetime of medical treatment alone. We are committed to helping you and your family recover just and fair compensation and getting you back to work. Our firm has extensive experience in these type of cases, and our personal injury attorneys and staff will help walk you through the process. We are dedicated to getting you the best result possible. Contact a San Diego personal injury attorney today at Gomez Trial Attorneys.
Yes, as you will see as you continue reading. That’s why you will need experienced representation to best handle your claim. These cases usually require the injured worker to bring claims against contractors, subcontractors, developers, owners, material suppliers, architects, engineers, and insurance companies. And, not surprisingly, each of those parties usually try to avoid responsibility for their wrongful conduct and pass it on to others. These lawsuits also frequently require expert witnesses—both medical and construction industry experts—to show the cause of the accident and the nature and extent of the employee’s injuries. Without experienced and aggressive representation, an injured worker may suffer for years without any compensation before their lawsuit is decided.
A construction site is a busy place with moving equipment, dangerous tools, and multiple workers doing a variety of tasks. With so many moving parts, there is inherently chaos that company leadership must manage. The failure to properly manage and monitor construction sites can result in a serious accident and a personal injury claim.
Furthermore, the construction industry in California is currently dealing with a workforce shortage. Expansion and an optimistic outlook are driving efforts to recruit and retain workers, but at bottom, the employee shortage represents a potential challenge for worker safety. Extra demands placed on workers, including long hours and additional tasks can lead to accidents.
According to the U.S. Occupational and Safety Administration (OSHA), fatalities and injuries on construction sites are most commonly caused by:
The resulting injuries are often severe due to the traumatic nature of the event. Examples of possible injuries from a caught-in or -between accident include:
Any of the accidents and incidents above can cause severe, even fatal, injuries to construction workers. When the worst happens, these workers and their families deserve experienced legal representation to help make sure they receive every penny of compensation they need and deserve to help them pay for expenses and get back on their feet.
Victims of construction accidents in San Diego frequently find themselves thrown into a potentially disastrous life situation. Suddenly, they must contend with painful, debilitating injuries. Many cannot return to work because of those injuries, but need the income their jobs provide to stay afloat. Without help, the construction worker can face financial ruin. Who pays a worker’s expenses resulting from a construction accident injury?
In California, all employers must carry workers’ compensation insurance, even if they have just one employee. Employers, not employees, pay for this insurance. Its purpose is to cover the expenses a worker faces when he or she gets hurt on the job. If a construction accident injures a construction worker, no matter who was at fault, in virtually all cases workers’ compensation insurance should provide coverage for medical expenses, lost wages, and (in appropriate cases) temporary and permanent disability.
Note that we said should provide coverage, not will provide coverage. In most of the ways that affect injured construction workers, workers’ comp insurance companies operate like any other insurance; which is to say, they try to nickel-and-dime people out of benefits whenever possible. Injured workers have to report their injuries to their employers immediately, get approved medical care, file claims on time.
That might not seem like much to do, but when a worker is struggling with a serious injury, those tasks can feel difficult. A worker who misses a step, or has a doctor who makes a mistake in filing paperwork, can end up having a claim for much-needed benefits get denied.
Speaking with an experienced San Diego construction accident injury lawyer as soon as possible after a construction accident helps to protect workers against having a claim denied by a workers’ comp carrier.
The trade-off for workers “always” being covered by workers’ comp insurance is that they cannot take legal action against their employer if an injury results from the employer’s careless or reckless (or even intentional) actions. In almost all circumstances, workers’ comp benefits are the only payments a construction worker has a right to receive from an employer after a construction accident.
That does not mean, however, that an injured construction worker has nowhere else to turn to receive payment of expenses resulting from a jobsite accident. Workers’ comp benefits close off a worker’s right to sue an employer who is at fault for an injury. It does not, however, take away a worker’s right to seek payment from other parties whose actions may have led to the accident and the workers’ injuries.
Who might also have a legal liability to a construction worker for causing an accident that left the worker badly injured (or worse) and unable to return to work temporarily or permanently? The list can include any company or individual you might find, or whose products get used, on the typical construction site, such as:
In the aftermath of a construction site accident, injured workers and their families often have an idea that they might need a lawyer. They often have less clarity, however, on what a lawyer might be able to do for them.
Workers’ comp rarely covers all of the expenses that come with a construction accident injury, but it’s a start. That is, assuming the workers’ compensation insurance carrier approves a workers’ claim and pays the full benefits the worker deserves.
In the aftermath of a San Diego construction site accident, an experienced construction accident injury lawyer can help injured workers and their families make sure they seek and obtain the workers’ comp benefits they need and deserve. Having an attorney on your side shows the workers’ comp carrier that you mean business, and that you will not settle for anything less than the full benefits the workers’ compensation insurance policy requires. An attorney can also help workers and their families avoid mistakes in the workers’ comp claim process that can lead to a costly and frustrating claim denial.
Even if an injured construction worker has already filed a workers’ comp claim, it is not too late to benefit from the help of an experienced workers’ compensation attorney. An attorney can help to appeal a claim that has been partially or totally denied. An attorney can also take over communication with the workers’ comp carrier to make sure that wherever the worker is in the claims process, it goes as smoothly as possible from there on out.
In addition to helping injured construction workers pursue just and fair workers’ compensation benefits, an experienced San Diego construction accident injury attorney can also explore the facts and circumstances of a workers’ accident and injury to determine whether someone other than the workers’ employer might have legal liability for paying damages.
A third party does not always bear liability for a construction accident. But when it does, an attorney can help an injured construction worker take legal action to seek additional compensation—beyond what is available through workers’ comp—for the workers’ injuries.
The hope in these circumstances is that the third party (or the party’s insurer), be it another contractor, an equipment manufacturer, or someone else, will recognize their role in the accident that injured the worker and offer to pay additional money as a “settlement.” Sometimes, however (particularly in the rough-and-tumble construction industry), parties who caused injuries to a worker will nevertheless fight to avoid having to pay the worker damages. When that happens, a San Diego construction accident attorney should have the skills and resources to take the case to a California court to prove why the injured worker should receive maximum damages.
If you sustain injuries in a San Diego construction accident, take these important steps to protect your legal rights:
The experienced construction accident injury attorneys at Gomez Trial Attorneys have the know-how and resources to make sure construction workers injured on-the-job receive the compensation the law demands, whether from workers’ comp or from other parties whose actions caused a jobsite tragedy. Do not wait to contact them after a construction site accident causes devastation in your life. You deserve quality legal representation, and the sooner you contact a lawyer, the better your chances of protecting your rights.
Schedule a free and confidential case evaluation with our team today by calling (619) 237-3490 or contacting us online. Although every case is different and there are no guarantees, you may be entitled to substantial compensation resulting from your injury. Let us review your case for free today.
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