If you are a construction worker anywhere in California, you understand the risks that you face on the job every day. Even the safest worker, who abides by all the safety regulations, could suffer an injury while on the job. If you are or a loved one are hurt in a construction accident while at work, you don’t have to go through this difficult time alone. You should be eligible to receive workers’ compensation benefits from your employer. An experienced workers’ compensation lawyer will help you get your claim on the right track and get the medical care that you need.
The Bureau of Labor Statistics reports that about 150,000 injuries occur on construction sites every year. While most of these injuries are falls, workers coming into contact with heavy equipment is another significant cause of construction-related injuries.
If you are a construction worker who has been hurt on the job, you are eligible to pursue a claim for workers’ compensation benefits.
California’s workers’ compensation laws involve a no-fault system that allows you to file a claim for workers’ compensation benefits regardless of who is at fault for your injury just so long as it happened on the job. You can get workers’ compensation benefits regardless of whether it is a disabling condition caused by your work duties, a work-related illness, or an on-the-job injury. Workers’ compensation includes medical benefits, which will cover the cost of your treatment, and, also, pays about two-thirds of your lost wages while you are recovering.
The state laws vary regarding workers’ compensation benefits, but you can rest assured that our workers’ compensation lawyers are up-to-date with California workers’ compensation regulations and we will use that knowledge to work for you.
Most building and construction jobs are quite dangerous, and accidents may occur while you are on site. Every construction worker has a right to a safe work environment. There are workers’ compensation laws that cover construction site injuries such as electrocutions or injury from falling objects. Having attorneys that will help you get a successful workers’ compensation claim will enable injured construction workers to focus on healing and meet your financial needs and help you receive the maximum compensation possible.
What to do when you’re in a construction accident
Seek Medical Attention
After being injured in a construction accident, your priority should be to dial 911 and seek medical attention. It is crucial that you see a professional doctor or go to the ER even if you have minor injuries. In some cases, the symptoms of serious injuries do not show until after some days after sustaining the injury.
Seeking immediate medical attention is a crucial step in the recovery process. It also helps to document that the injuries sustained are a direct result of the construction site accidents. Some construction companies may try to deny the occurrence of the accident and manipulate the details. You need to keep evidence of medical records such as medical bills and receipts from buying medicine. This will be useful later when filing a personal injury lawsuit or workers’ compensation claim.
File a Report
The second step after seeking medical attention is filling a reporting the accident. Most accidents in the construction industry go unreported. There are various reasons why a worker may fail to report an accident. If a worker is an illegal migrant or does not want to jeopardize their job, they may fear reporting the accident. On the other hand, some construction companies may discourage employees from reporting accidents as it may damage their reputation on safety practices. It can also lead to investigations and penalties from OSHA (Occupational Safety and Health Administration).
Ensure that your report any workplace injury to your superiors. This will help document the accident and create awareness of unsafe working conditions that can potentially lead to other injuries such as broken bones. This will help prevent future accidents by prompting the organization to ensure a safe working environment.
Gather Evidence and Witnesses
It is vital that you record significant details of the accident, including where, when, and how the accident occurred. This will serve as crucial evidence when filing for workers’ compensation and enable the investigation to run smoothly. If the accident is severe and you may not be able to gather the necessary evidence, you can have a co-worker do it immediately. They should take names and photos to document the working conditions before there are any changes.
It is also essential to take down the names and addresses of any witnesses to the accident. This will aid in the investigation as witnesses may provide crucial information that you may have missed. Witnesses should be contacted as early as possible while they still have an accurate recall of what happened. They may also be subjected to intimidation by the management or outside influences that may interfere with their cooperation.
Get Legal Assistance
After a construction site accident, an employee may sustain severe injuries that may end his career and make him unable to meet financial obligations. Companies are obligated by law to provide workers’ compensation insurance coverage. This protects workers if they are injured on a construction site where the company pays part of the employee’s salary for a specified amount of time.
To receive the workers’ compensation, you need to file an accident report with your employer. You also require good legal advice and representation to ensure you meet the rules and time limits of the report to ensure you get all the benefits. Your construction accident attorneys will take you through everything needed to file the compensation and the amount expected.
If the workers’ compensation insurance does not cover you, you can file for a personal injury claim. This usually happens when you are injured by a third-part which includes someone other than a co-worker or subcontractors. There are two main types of personal injury lawsuits in the construction industry, including negligence and product liability lawsuits. When you have a competent lawyer, you can concentrate on recovering, knowing that your case is in good hands.
Items You’ll Need to Build a Strong Case Iif You’re in a Construction Accident
To increase your chances of winning a construction accident case, you need compelling evidence. Some of the items you will need to build a strong case include:
Witness contact information
Witnesses are mostly co-workers that were present at the time of the accident. You or your attorney can contact the witnesses to provide valuable information that will help you build a strong case. Ensure that they are willing to provide information, and you don’t force them to offer it.
Photographs of the scene and any damage
Photographs are vital pieces of evidence that will prove valuable in your case. You or a co-worker can help you take photos that may prove your employer failed to offer safety equipment. The photos can also help to prove the extent of the damage you sustained.
Medical records detailing all your expenses are crucial to ensuring you are accurately compensated. Items to include are dates, names of doctors, any medications prescribed, and any treatment received, such as amputation. You can also document in detail the impact the accident has had on your everyday life.
You will need to have a detailed written correspondence with your employee regarding your injuries from the accident.
Factors to Consider for Construction Accident Case Compensation
A strong construction site accidents case must prove the negligence or liability of the employee to be successful. Various factors will affect the liability for construction site accidents. Here are factors to consider:
• Condition of the accident site
• Location of the accident
• The severity of your injuries
• Heavy machinery uses and usage procedures
• The owner of the construction work
• Party in charge of construction work
• Relationship of the accident victim to the liable party
• Loss of income sustained after the accident
• Loss of enjoyment of life
• Psychological damage suffered as a result of the injuries
• Whether the injuries are temporary or permanent
• The cost of medical expenses
The Workers’ Compensation Claims Process
If you have suffered a work-related injury or illness, California law requires your employer to pay you workers’ compensation benefits. If you are working on a job site and you for example, suffer a serious cut to the hand while sawing wood, or if you are on a ladder when you fall off suffering a serious back injury, you can file a claim for workers’ compensation benefits.
Any construction accident should be reported to your employer by notifying your supervisor of the injuries right away. When you report your injury or illness quickly, it helps prevent problems later when your employer might allege that the injury didn’t occur on the job.
By quickly reporting the accident, it also ensures access to medical care promptly. Your employer will complete an accident report. You will need a copy of this report for your file and to support your construction accident claim.
If your employer isn’t notified about your injury within 30 days of the accident, and that keeps your employer from fully investigating the accident and determining the facts about how you were injured, you could lose your rights to claim workers’ compensation benefits under California law.
Be sure to provide specific details about your accident, including what you were doing, how the accident took place, and how you were injured as well as a detailed account of your injuries and how they affect you. Also, ask any witnesses to provide written statements regarding what they saw.
Los Angeles Construction Accident Lawyer
Workplace injuries can be life-altering and will affect your entire family. Legitimate workers’ compensation claims are sometimes denied by employers. Benefits are sometimes stopped. You don’t have to face these difficulties and stresses alone. We will work to get your benefits on track, so you can focus on your recovery rather than how you will handle your family’s financial challenges. Our lawyers will go to bat for you and your family because you should not have to settle for anything less than caring, compassionate representation.
Our team of Los Angeles construction accident attorneys care about your recovery and your family’s financial obstacles after you have suffered a workplace accident. Your odds of a successful workers’ compensation claim for your construction accident increase greatly when you have legal representation and dependable law firm backing you. Schedule your free case review with a Los Angeles workers’ compensation attorney today. Remember, time is of the essence and we will make sure all deadlines are met and you have access to the benefits that you need.
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Our expert California personal injury lawyers are ready to defend you in your accident, injury, or negligence case. Contact us for a FREE evaluation. No win, no fee: you pay us only when we win your case.