Construction is statistically the most dangerous industry based on the number of work-related injuries reported each year. Every construction site poses many risks to workers in the form of unfinished structures that lack safety features, heavy equipment, dangerous machinery, specialized vehicles, and more. Construction accidents may injure not only workers but also bystanders.
If you were recently injured in a construction accident, it’s natural to have many pressing legal questions regarding your recovery options. If you were working when the incident occurred, you are likely covered by your employer’s workers’ compensation insurance. You could also have grounds for a civil suit depending on how the accident happened and whether a specific party caused it. If you were injured as a bystander, you could have grounds for a personal injury claim against whoever caused the accident.
The Law Offices of David Davidi, APLC, can answer your questions and provide the guidance and support you need in the aftermath of a construction accident. Our firm routinely represents all types of personal injury claims for our clients in the Fresno area, and we can put this experience to work for you as you seek compensation for your damages. Whatever your case entails, you can trust our firm to guide you through each stage of your recovery efforts and do everything we can to maximize the total compensation you win from your case.
Construction accidents can happen in many ways. Some of the most commonly reported types of construction accidents that result in personal injuries include:
This is not an exhaustive list of all the ways construction accidents can happen. It’s important to note that while construction workers generally face the greatest risk from these incidents, it is possible for some construction accidents to harm bystanders. This is especially true for road construction or any type of construction in busy metropolitan areas.
If you are injured while working, you likely have the ability to file a workers’ compensation claim through your employer. This is similar to filing most other types of insurance claims, but you do face an additional challenge with your employer’s involvement in the process. Most employers facilitate their injured workers’ claims in good faith, but some, unfortunately, do not. Hiring an experienced Fresno construction accident attorney is a good way to ensure you are fully prepared to address any bad-faith handling of your claim from either your employer or their insurance carrier.
Workers’ compensation insurance exists to provide a financial safety net to injured workers, helping them to recover more easily from their injuries and providing them with job security. A successful workers’ compensation claim will yield full coverage of the injured worker’s medical expenses, including any rehabilitative care they need to reach maximum medical improvement from their injury. The injured claimant can also receive income replacement benefits for the time they are unable to work. These benefits are usually paid weekly at a rate of about two-thirds of the employee’s average weekly wage.
Workers’ compensation typically prevents injured workers from suing their employers for their work-related injuries, but this only applies if the employer has appropriate insurance coverage. If they do not, they are liable for an injured worker’s damages. Additionally, if a specific party caused the injury, the victim could file their claim for workers’ compensation benefits and then proceed with a third-party claim against the at-fault party. Construction workers who sustain injuries at work should know that they can still claim workers’ compensation even if they caused their own injuries. However, if they were working under the influence of drugs or alcohol or intentionally violated workplace safety rules, these issues could disqualify them from benefits.
Whether you are pursuing a personal injury claim in addition to your workers’ compensation claim or you were injured as a bystander, success with your personal injury case will require proving that another party is entirely at fault for causing your claimed damages. Your Fresno construction accident attorney can assist you in gathering the evidence you will need to prove fault, which will differ depending on the nature of your construction accident injury.
When a construction accident has happened because of another party’s negligence, you must prove they had some duty of care they breached with their actions. Next, you must prove this breach of duty directly caused your claimed damages. You must not only prove the full extent of your damages but also show proof that they directly resulted from the defendant’s negligence and not some other cause.
If a construction accident happens because of illegal misconduct, the defendant will likely face prosecution from the state along with your civil claim, and the outcome of their criminal case could impact your recovery in various ways. Your Fresno construction accident attorney can advise you as to how the illegal nature of the defendant’s behavior may influence your final case award, such as restitution or punitive damages added to your other claimed losses. Rely on our proficient legal team in Fresno to adeptly handle various accident scenarios:
The objective of a personal injury suit is for the plaintiff to prove fault for their damages and hold the at-fault party accountable for those damages. Under California’s personal injury laws, the plaintiff may seek compensation for the entire scope of damages that the defendant caused, which may include:
When you select an experienced Fresno construction accident attorney to represent your case, you may be surprised by the amount of claimable damages they uncover. The team at the Law Offices of David Davidi, APLC, always strives for maximum client recovery in every case we accept. We will carefully review the details of your claim and help maximize your case award as much as the law allows.
It’s important to note that California upholds the pure comparative negligence law, which applies in any case in which the plaintiff shares fault for causing the damages. Should comparative fault factor into your case, you will lose a portion of the total damages secured from the defendant. For example, if the judge handling your case determines that you bear 25% fault for the damages, you will lose 25% of the total case award won from the defendant. Your Fresno construction accident attorney can help minimize any fault percentage assigned to you in your case, preserving your final case award as much as possible.
According to data from the Occupational Safety and Health Administration (OSHA) and other agencies, falls account for most of the workplace injuries reported in the construction industry. Many construction workers need to use ladders and scaffolds to complete their work, and they must often navigate unfinished structures. The location and height of a fall typically determines the severity of resulting injuries, which may include broken bones, head injuries, spinal cord damage, and more.
If you work construction and suffer an injury while performing your job duties, you are likely covered by your employer’s workers’ compensation insurance. Almost every employer in the state is legally required to have this insurance, and almost every worker is covered. However, workers’ compensation may not cover the extent of your damages, and if a specific party is responsible for causing your injury, you could have grounds for a civil suit against them.
If you have grounds for a personal injury claim in response to your construction injury, you have the right to seek full compensation for all the damages the defendant caused. These may include your medical bills, your lost income during your recovery, and your pain and suffering. The total value of your case can fluctuate based on many variables, so it’s advisable to consult a Fresno construction accident attorney for an estimate of your case’s total value.
If you intend to file a personal injury claim against another party in response to your construction accident, you need to file your case within two years of the date the injury occurred. The statute of limitations for personal injury claims begins on the date an injury occurs or the date when the victim realizes another party is responsible for harming them. You will need time to gather the materials necessary for filing your case, so it’s important to seek out legal counsel you can trust as soon as possible after your injury.
It’s natural to have concerns about the potential cost of hiring legal counsel when you are already struggling with expensive damages from a construction accident. However, this is no cause for concern When you select the Law Offices of David Davidi, APLC, to handle your case. We take personal injury claims on a contingency fee basis, meaning our client only pays a portion of their final case award as our fee, but only if we win their case. If our firm is unable to secure compensation for your damages for any reason, there is no fee at all.
Any construction accident has the potential to cause life-changing harm to the victim and impose severe economic issues for them and their family. If you find yourself in this situation, the right Fresno construction site accident lawyer can make a significant difference in the outcome of the recovery efforts you pursue. If you are ready to speak with an experienced construction accident attorney about your case, contact the Law Offices of David Davidi, APLC, today to schedule your free consultation with our team.