Bakersfield Construction Accident Lawyer

Bakersfield Construction Accident Attorney

Construction is one of the most dangerous fields in which anyone can work, and every year in California, the construction industry accounts for more workplace injuries and fatalities than most other industries. Construction accidents can happen in many ways, often resulting in life-changing harm for victims and severe economic stress for their families.

California enforces some of the strongest workers’ compensation laws in the country, requiring almost every employer to have workers’ compensation insurance. This insurance coverage can help an injured worker handle their medical expenses and offset the financial strain caused by their inability to work while recovering, but these benefits may not entirely compensate the victim of a serious construction accident in Bakersfield, CA.

Experienced Legal Representation for Construction Accident Victims in Bakersfield, CA

If you or a family member are struggling with the effects of a recent construction accident in Bakersfield, you need to know the full scope of the recovery options available to you. You may have the right to seek further legal recourse than just a workers’ compensation claim and a Bakersfield construction accident attorney can help you determine your most viable path to maximizing your compensation. The Law Offices of David Davidi, APLC, can provide the legal representation you need for any recovery efforts you must pursue after a construction accident.

Benefits of Working With Experienced Legal Counsel for Your Construction Accident Claim

It is technically possible for you to file a workers’ compensation claim and/or a personal injury claim in California without hiring an attorney. However, this could be incredibly challenging on your own. You would not only face several risks in attempting this but also the difficulty of managing your medical needs and your legal affairs simultaneously. Even if you managed to succeed, you would risk settling for less than you legally deserve. An experienced attorney is likely to be able to streamline your recovery efforts and shorten the time it takes you to recover from your injuries.

When you hire a Bakersfield construction accident attorney to represent you, you are better prepared to handle the unique legal challenges between you and the recovery you deserve. An experienced legal team can make filing your claim for workers’ compensation benefits much easier, and you can be prepared to address any legal issues that arise between you and your employer and/or their insurance carrier regarding your claim.

If you have grounds to file a personal injury claim against the party who caused your injury, your attorney can significantly improve your experience with this process as well. A Bakersfield construction accident lawyer can help their client:

• Secure any evidence needed to prove liability for their accident.
• Assist them in proving the full scope of the damages they can claim from the defendant.
• Guide them through their proceedings as efficiently as possible.

You have the greatest chance of success with all your recovery efforts after a construction accident when you have legal counsel you can trust on your side.

Common Types of Construction Accident Injuries in California

Construction is a dangerous industry for many reasons. A few of the most commonly reported types of injuries that happen in construction zones in the Bakersfield area include:

• Falls: These are the most common workplace injuries and account for the most missed days of work and workers’ compensation claims in California each year. The location and height of a fall typically determine the severity of the victim’s injuries, which are likely to include broken bones, traumatic brain damage, internal organ injuries, and more.
• Electrocutions: These injuries may happen whenever construction workers must work with or near unfinished electrical systems or use electric-powered equipment. These injuries can result in burns, nerve damage, and cardiovascular problems.
• Vehicle Accidents: Construction often requires the use of various vehicles, any of which can cause crushing injuries or other harm when mishandled.
• Heavy Equipment Injuries: Many types of construction tools are dangerous when used incorrectly or if they malfunction.
• Injuries From Falling Objects: When construction workers perform job duties on multi-level structures, it is possible for tools, building material, and debris to fall and injure workers below, even if they are wearing appropriate hard hats.

These are only a few examples of the types of injuries that often occur on Bakersfield area construction sites. The victim of any construction accident should notify their supervisor of the incident and seek medical care immediately, even if they think they only suffered minor harm. The employer is required to create an incident report for the injury and provide the injured worker with any materials needed to file their claim for workers’ compensation benefits.

Filing Your Claim for Workers’ Compensation Benefits in Bakersfield

As long as your recent construction accident injury occurred while you were working, you likely have the ability to file a claim for workers’ compensation benefits through your employer’s insurance policy. Almost every employer in the state must have this insurance, even if they have a single employee. Construction companies typically have more expansive workers’ compensation insurance coverage than employers in other industries due to the inherently dangerous nature of their work. However, this does not mean that your benefits will fully cover your losses or that you will have an easy time securing them at all.

Like most other insurance companies, workers’ compensation insurance carriers in California try to avoid paying out on claims whenever and however possible. Working with an experienced Bakersfield construction accident attorney can significantly reduce the risk of encountering any bad faith handling of your claim, and you can be prepared to address any problems that arise throughout the workers’ compensation insurance claim process.

A successful workers’ compensation claim in California should yield two forms of benefits to the injured worker. First, the insurance carrier will cover the cost of all the medical care they need to recover from their injury. This includes immediate treatment costs following the injury and ongoing expenses if they need rehabilitative care. Second, they will receive ongoing disability benefits if their injury prevents them from working.

Most injured workers will qualify to receive roughly two-thirds of their average weekly wages each week in disability benefits. These benefit payments may continue for up to 104 weeks, or until they are able to return to work. If the claimant can work, but cannot earn as much income after their injury, they may qualify for partial disability benefits. The claimant will need to report their weekly income to the insurance company to maintain eligibility for these benefits.

Collecting Compensation for a Construction Accident With a Personal Injury Claim

The workers’ compensation system in California aims to provide injured workers with economic support during recovery while protecting their employers from civil liability for injured workers’ damages. However, it is possible for a worker to have grounds for further legal action aside from their workers’ compensation claim under certain circumstances. An injured worker can only file a civil claim against their employer if:

• The employer does not have workers’ compensation insurance.
• The employer caused their injury through intentional misconduct or egregious negligence of some kind.

It’s more likely that an injured worker will have grounds for legal action against a third party responsible for their damages. For example, if a construction worker was hurt in a car accident while performing their job duties, they could file a claim for workers’ compensation benefits since they were working at the time of the accident, but they could also file a civil claim against the driver who caused their accident.

If you are unsure whether you could have grounds for a third-party personal injury claim after your construction accident, it is crucial to speak with a Bakersfield construction accident attorney as soon as possible. Your attorney can not only help you identify the party or parties at fault for your damages but also guide you through the legal process of holding them accountable. The compensation you recover from a successful personal injury claim can amount to much more than you receive in workers’ compensation benefits.

Your workers’ compensation claim may result in coverage for your medical expenses, but it will only provide compensation for a portion of your total lost income. You can claim the remainder of any lost wages through your personal injury claim, and you may also recover compensation for lost future earning capability if the defendant left you permanently disabled. Additionally, a personal injury claim allows you to seek compensation for the pain and suffering you experienced, which typically cannot be claimed through workers’ compensation.

Under California’s personal injury laws, the victim of a personal injury has the right to hold the defendant accountable for the physical pain, psychological anguish, and emotional suffering they experienced from the defendant’s actions. This may seem like it would be difficult to prove, and even harder to translate these intangible losses into financial terms, but your Bakersfield construction accident attorney can provide guidance for this aspect of your claim.

FAQs About Bakersfield, CA Construction Injury Law

How Long Do I Have to File a Workers’ Compensation Claim for a Construction Site Accident?

California upholds a one-year statute of limitations on workers’ compensation claims. This means you must file your claim within one year of your construction accident, or you lose the chance to recover workers’ compensation benefits through your employer. However, while you may have a full year in which to file a claim, it is generally advised to file your claim for benefits as soon as possible after your work-related injury. This will prevent the insurance company from doubting the legitimacy of your claim since you didn’t file it immediately.

How Long Do I Have to File a Personal Injury Claim for a Construction Accident?

If you have grounds to file a personal injury claim in response to the construction accident you experienced, you must do so within two years of the date your injury occurred. If your accident happened while you were working, you can only file a personal injury claim if:

• Your employer does not have workers’ compensation insurance as required by law.
• Someone in your workplace intentionally caused your injury.
• A third party outside your work caused the injury.

How Much Compensation Can I Claim for a Construction Accident in Bakersfield?

The total compensation you receive depends on whether you can file a personal injury claim along with a workers’ compensation claim. Workers’ compensation will cover medical expenses and provide a portion of your lost income, but any outstanding damages may be sought in a personal injury claim. Working with an experienced Bakersfield construction accident attorney greatly improves your chances of maximizing your recovery.

Can I Still Claim Workers’ Compensation Benefits If I Caused My Own Injury at Work?

If you caused your workplace injury in Bakersfield, this should not necessarily disqualify you from filing a claim for workers’ compensation benefits. However, factors could inhibit you from filing a claim for workers’ compensation benefits, including if you:

• Intentionally violated workplace safety rules
• Caused the injury through horseplay
• Injured yourself because you were working under the influence of drugs or alcohol

How Much Will It Cost Me to Hire a Bakersfield Construction Accident Attorney?

The Law Offices of David Davidi, APLC, does not take legal fees until we win our client’s case. Our contingency fee billing arrangement ensures that our client does not pay upfront or ongoing attorneys’ fees. If we win your case, you will only pay a percentage of the total case award as your fee to our firm, but we take nothing if we cannot secure compensation on your behalf. This billing format allows you to approach your case with confidence without worrying about your legal fees overshadowing your compensation.

Contact the Law Offices of David Davidi, APLC

The Law Offices of David Davidi, APLC, can provide compassionate legal counsel after a construction accident in the Bakersfield area. Our team can help clients recover from all types of personal injuries, including those that happen in the workplace. Construction is inherently dangerous for many reasons, and injured workers need legal counsel they can trust to help them recover. If you believe you have grounds for a workers’ compensation claim and/or personal injury claim in response to your recent injury, contact us today and schedule a consultation with a Bakersfield construction accident attorney.