Construction sites are filled with safety hazards and large construction equipment that can lead to severe injuries and even death. Often times, property owners, subcontractors, contractors, vendors and other parties are involved on the jobsite which can cause safety procedures to be overlooked.
Some of the most common causes of construction accidents include:
According to the Occupational Safety and Health Administration (OSHA), the most common construction accidents involve falls, electrocutions, falling materials, and caught-in-between accidents.
Many of these accidents can lead to devastating injuries, such as:
Our knowledgeable construction accident attorneys understand the severity and long-term health complications with being injured on the job site. We can help you obtain the compensation you need for your recovery.
The Fresno construction accident lawyers at our firm are experienced in handling construction accident cases involving a wide variety of situations, including:
If you or someone you love has been involved in a construction accident, contact a qualified Fresno construction accident attorney who can explore your legal options and help with your claim.
Under [California law](http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=3700.), all construction companies must have workers’ compensation insurance, either from an insurance company or by self-insuring. If an employee suffers a work-related injury or illness, employees are entitled to workers’ compensation benefits to cover medical care and lost wages while he or she is unable to work because of a total or partial disability. You could also be entitled to supplemental job displacement benefits, which would help you pay for retraining and education expenses if you need to get a different type of job because of your disability. If your loved one died because of a workplace injury or illness, you could receive death benefits to compensate you for lost financial support.
Workers’ compensation is available to workers no matter who was at fault for the injury. However, some situations are excluded from workers’ compensation coverage. For example, you might not be eligible for benefits if your injury was caused by the use of drugs or alcohol or violations of workplace safety rules.
One way to help prove your injuries occurred during the course of your job is to immediately go to a hospital or doctor’s office so you can receive necessary medical care and report the construction accident to your employer as soon as possible. If you do these things, it will be much harder for your employer to argue that your injury is unrelated to your employment.
There are certain deadlines when it comes to filing a workers’ compensation claim in California. You have 30 days from the date of the accident to give a written notice of a work-related injury to your employer. If you fail to report the accident to your employer within those 30 days, you may lose the right to receive benefits.
Within one day of receiving notice of injury, your employer must provide a claim form to you. You then have one year from the date of your injury to file a claim. The faster you report your accident and file a claim, the less likely it is your employer or its insurance company will try to say the injury occurred outside of work, or you are just trying to get money. This might help improve your chances of recovering compensation.
Filing a workers’ compensation claim can be complicated to do on your own without an in-depth understanding of state laws and regulations. Our qualified Fresno workers’ compensation lawyers can explain how the law applies to your situation and help protect your rights. We can also guide you through every step of the process, from filing a claim to representing you in an appeal if you are denied benefits or recover less compensation than you feel you deserve.
Our lawyers have the skills and resources to investigate your situation to find additional evidence that may improve your chances of winning an appeal.
Workers’ compensation laws prohibit the majority of employees from suing their employer over a work-related injury or illness. However, if you are injured through the negligence of a third-party, someone other than your employer, you may be able to file a claim against the third-party.
Third-parties who may be held liable could include:
A third-party can contribute to a construction accident in many ways and be held liable. For example:
Unlike a workers’ compensation claim, a third-party claim offers other forms of compensation such as physical and mental pain and suffering. You can also pursue compensation for medical expenses, lost wages and lost earning capacity, just like you could in a workers’ compensation claim.
The other difference between a third-party claim and a workers’ compensation claim is that you must prove that negligence was involved in your injury. Negligence does not come into play in workers’ compensation, only third-party claims. By conducting a thorough investigation, our attorneys can help you gather evidence to prove that the third-party failed to use reasonable care, resulting in your injuries.
Third-party claims are personal injury lawsuits so they are subject to California’s statute of limitations, which places a specific time limit on the right to file a lawsuit to recover damages after suffering an injury. Personal injury cases must be filed within two years from the date the injury occurred. After two years, you are unable to bring a lawsuit forward.
A construction accident lawyer can review your case and determine if a third-party claim is an option.
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