Construction Accident Lawyer

Anyone who works on a construction site has the right to be safe and protected at work. In the case of a construction site accident, filing a case can be complicated by having multiple companies involved in a project. In addition to this, anyone injured while working in a construction site accident has the right to file both a premises liability claim as well as a workers’ compensation claim. An experienced construction site accident lawyer will simplify all of this for you, so you can focus on recovering. 

If you or someone you know has been injured in a construction site accident, our team can help you get the highest compensation. In the following sections, you’ll find answers to common questions about construction site accidents that may help you get a better understanding of your rights and options.

What should I do after a construction site accident?

  • Seek medical attention as soon as possible. When an accident occurs, your health should be your number one priority. The construction site manager should have a first aid kit and knowledge of basic first aid. If your injury is serious, call 911 or have someone take you to the hospital.
  • Document your accident, injury, and any medical treatment you receive for your injury. Once you’ve received first aid or had your injuries treated, it’s time to begin documenting your accident and gathering evidence for your case. Begin by writing down the details of your accident as soon as you can to avoid forgetting any important details. Take photographs of your injuries as well as the scene of the accident. Get contact information from any witnesses of your accident. Their witness testimony may be helpful to your case. Remember to document all of your medical expenses as well. This includes hospital bills, ambulance bills, paramedic bills, insurance claims, and any other costs related to the treatment of your injury. We recommend digitizing and making multiple copies of all documentation related to your accident, as well as storing all documents in a secure place.
  • File a report of your accident with your employer or the site manager. You will have up to 30 days after your accident to file a report, but this should be done as soon as possible. If you do not file your report within 30 days of your accident, you will forfeit any right to compensation under California’s workers’ compensation laws. In your report, be as detailed as possible about your injuries and all information relevant to the accident, including any parties involved. This information will play an important part in your claim as well as in keeping other construction workers safe once the accident is reported to the Occupational Safety and Health Administration (OSHA).
  • Reach out to a construction site accident lawyer.  You may be told that you can file your case on your own, and this is true. However, working with an experienced construction site accident lawyer will make the process much easier for you and will ensure that you get the highest compensation possible.

What type of compensation am I entitled to after a construction site accident?

If you are involved in a construction site accident, you are entitled to both workers’ compensation benefits and premises liability damages. You are also entitled to compensation for the following.

  • Past and future medical bills related to injuries sustained in the construction site accident. This includes:
    • Hospital bills
    • Ambulance bills
    • Physical therapy
    • Consultations with specialists
    • In-home care services
    • Psychiatric counseling
  • Pain and suffering resulting from physical pain, emotional distress, mental anguish, and loss of consortium. 
  • Punitive damages if the accident was the result of malicious or willful actions. 

Some workers’ compensation benefits that you are entitled to include:

  • Temporary disability benefits will provide compensation for past and future lost wages caused by being unable to work as a result of your injury.
  • Permanent disability benefits will provide you with compensation in the event that you are permanently disabled and unable to work as a result of your injury.
  • Supplemental job displacement benefits can be used to pay for retraining or skill enhancement in the event that your disability prevents you from continuing in your previous occupation. These benefits can help you find and become qualified for a different job that you will be able to perform.
  • Death benefits compensate the victim’s spouse, children, or other dependents if the accident results in death.

If you were involved in a construction site accident that happened while you were not working, such as if you were a pedestrian walking by the site, you are not entitled to any workers’ compensation benefits but you are entitled to any compensation resulting from a premises liability suit. This is a civil lawsuit and you will be entitled to compensation for medical bills, pain and suffering, lost wages, property damage, and potentially punitive damages.

What you are entitled to may not yet be clear to you, but an experienced construction site accident lawyer will analyze your case to determine the damages you are entitled to.

Who is liable for construction site accidents?

One of the most complicated parts of filing a lawsuit for a construction site accident is determining who is liable for the incident, which is required to know which party or parties you will be suing. 

If the project is large enough in scale, multiple parties may be partially liable for any accidents. These parties can include the property owner or developer, the designer, the engineering team, contractors, subcontractors, equipment manufacturers and suppliers, and more. 

Many victims of construction site accidents choose to file a premises liability suit while simultaneously filing a workers’ compensation claim through their employer. Hiring a construction site accident lawyer will help make this process as simple as possible so you can focus on recovering from your injury.

How much can I receive for disability benefits?

There are a few different factors that go into determining the amount of disability benefits you will receive. These factors include how much you were making prior to your accident, the size of your company, your age, your occupation, and other facts of your specific case. 

Other important information regarding your rights after a construction site accident:

Most of the time, when you think of a workplace injury, you probably think of a one-time accident such as a fall. However, that is only one of two ways that a workplace accident can occur. Repeated exposure to a dangerous chemical or an injury caused by repetitive motions are also valid examples of workplace injuries. 

You should also keep in mind that California has particularly strong workers’ compensation laws that can protect you as an employee. However, many workers simply aren’t aware of these laws or their rights. Here are some things you should know.

    • Employers are required to pay for medical care if an employee is injured on the job. This is required regardless of whether or not the employee must take time off work.
    • Temporary or part-time employees may be eligible for workers’ compensation benefits.
    • Independent contractors may be eligible for worker’s compensation benefits.
  • Undocumented workers may be eligible to receive most workers’ compensation benefits.
  • Employees are eligible to receive workers’ compensation benefits regardless of who was at fault for the injury.
  • Your employer cannot legally punish or fire you for requesting workers’ compensation benefits for being injured while working.

Experienced Construction Site Accident Lawyer Willing to Fight For You

When you’re in need of a construction site accident lawyer, Ariel Law Group is the team you want on your side. Our team of experienced attorneys has handled many cases in California involving premises liability. We have helped people in many different situations recover compensation to pay for medical expenses, physical therapy, pain and suffering, and more.

Individuals harmed by the negligence of others deserve justice. With more than 30 years of combined experience, we will fight to get you the money you need and deserve.

Contact us to Schedule a Free Consultation

Have you or a loved one been injured in a construction site accident? One of our experienced premises liability lawyers at Ariel Law Group can help determine where liability lies and discuss what compensation might be available for your injuries. Our attorneys and staff speak English and Spanish for your convenience.

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