Modesto Construction Accident Lawyer

Modesto Construction Accident Attorney

Construction work is an inherently dangerous area of employment. Construction workers in the industry face a high risk of accident and injury. There are countless ways construction employees may be injured. Sometimes, there are not enough safeguards, teams are not trained properly, or dangerous equipment malfunctions. Construction employees who have been injured on the job deserve compensation. You may be unable to return to your job and may face long-term health complications.

A workers’ compensation claim allows injured employees to cover lost income, medical costs, lost future earning capacity, and other damages. In some cases, an employee or bystander injured on a construction site can also file for a personal injury claim to recover damages. To know how to maximize your compensation from a construction site accident, you need a construction accident attorney.

Legal Support in a Modesto Construction Accident

When you are injured in a construction accident, you can file a claim to cover the damage that was done to you. Working with an attorney who has experience in these claims can help you maximize the damages that you can get covered. They can help you file a workers’ compensation claim and determine if a civil personal injury claim is necessary.

At the Law Offices of David Davidi, APLC, we want to determine your ideal path to getting compensation. If you were injured on a construction site in Modesto while on the job or not, you may be able to get financial coverage. This can help you stay financially stable while you recover. Your attorney can review your unique circumstances to determine what would be the most effective course of action. We are proud to serve the community in Modesto, CA and California. Our firm has 25 years of experience helping our clients, and we want to take you through each step of your claim.

Common Construction Accidents and Injuries

As a bystander or employee, an accident on a construction site could occur in several ways. Some of the most common include:

• Falls and Falling Objects: When construction equipment, buildings, and tools are not properly built or secured, it can cause harm to employees and those passing by. Construction employees often work on high areas, such as roofs, scaffolding, and ladders. Even slip and fall accidents from low heights can lead to traumatic brain injuries or broken bones. Improperly secured or built scaffolding can be dangerous for employees on the structure and bystanders who are nearby.
• Electrocution Accident: Construction sites often have unfinished electrical wiring. Employees on these sites also use potentially dangerous electrical equipment throughout their work. Electrical accidents can result in electrical burns and nerve damage.
• Heavy Machinery Accidents: Heavy machinery is necessary for construction work. Unfortunately, it can also result in serious accidents. Employees have to be properly trained to use machinery. Likewise, employers must ensure that machines are properly maintained. Failure can mean a serious accident. Manufacturer defects can also result in accidents or injuries.
• Construction Vehicle Accidents: Construction vehicles are often heavier and more dangerous than passenger cars. Construction vehicle accidents can cause damage to anyone involved.

Construction employees face the greatest risk on construction sites, although bystanders on busy roads or locations also carry some risk. If you were injured while on the job or while near a construction site, you may be able to file a claim to hold a negligent party responsible or file a workers’ compensation claim.

Who Can Be Held Liable for Construction Accidents?

In a workers’ compensation claim, a claim is filed with the employee’s employer and their workers’ compensation insurance provider. If the injury happened on the job and was not because of the employee’s reckless actions, liability and fault do not matter. However, if you are filing a civil claim against a third party instead of, or in addition to, a workers’ compensation claim, liability matters. When an injury leads to a personal injury claim, you have to determine who was at fault for the accident to file a claim. A liable party may include:

• A Product Manufacturer: If equipment or tools on a construction site had faulty components, were contaminated, or were otherwise malfunctioning, the manufacturer may be held liable for any damages caused by those defects.
• The Construction Company: In many cases, an employee can’t file a claim against their employer outside of a workers’ compensation claim. However, if the employer showed extreme carelessness or malice, there may be cause for a personal injury claim. Third parties and bystanders who were injured on a construction site may also be able to file a claim against the company. If the company failed to ensure that the proper safety precautions were taught to employees, the company may be liable.
• Negligent Employees: Whether you are an employee on a construction site or a third party, such as a subcontractor, employee negligence can lead to an accident. The employee may be held at fault in some situations, but it’s more common that the employer, construction company, or site manager will be held responsible. It is their responsibility to ensure employees are trained and a construction site is operating safely.
• Property Owners: Construction work may happen on the property of others who fail to properly take care of their premises. If an injury or accident happens because the property owner didn’t reasonably care for the grounds, they can be held liable.

In order to file a successful personal injury claim, you must first determine who is liable.

What Are the Benefits of Working With a Construction Accident Lawyer?

It’s not required to work with an attorney for a personal injury or workers’ compensation claim. However, doing so makes the process easier, less stressful, and more likely to succeed. An attorney can handle complex issues like gathering evidence for your case, preparing your claim, and managing legal deadlines and requirements. When you’ve suffered a serious injury, you need to take the necessary time to rest and recover.

An attorney can handle your legal claim so you can recover, and they can work toward getting you the compensation that you need. Those who file claims without an attorney are likely to settle for less compensation than they deserve, leaving them stuck with significant lost income, medical bills, and future expenses that they can’t cover. An attorney can calculate the present and future damages that you may incur and fight to get those damages compensated.

Your attorney can also talk with workers’ compensation insurance providers on your behalf and negotiate a settlement that is more fair. Your greatest chance to increase your compensation is to work with an experienced construction accident attorney.

Damages Available in a Personal Injury Claim

If you have a personal injury claim for a construction accident, there are several things that may be covered. These damages may include:

• Medical Bills: This includes past and future costs, such as hospital transportation, surgeries, medication, physical therapy, and any future complications that may be predicted from your injury.
• Lost Income: When you are unable to return to work, you can recover a portion of that income in a personal injury claim. If the injury impacts your ability to continue to do your job, you may be able to receive compensation for lost earning capacity.
• Pain and Suffering: If the injury and/or accident caused emotional harm and physical suffering, these damages may be compensable. This is a form of noneconomic compensation, which makes it harder to calculate.

In a workers’ compensation claim, you may receive coverage for medical costs and temporary or permanent disability benefits. When you work with your attorney, they can calculate what the ideal route is for you to claim compensation.

FAQs About Modesto, CA Construction Accident Laws

Who Takes the Biggest Blame for an Accident in a Construction Site?

It is usually the construction company that carries the biggest blame in a construction site accident. A construction company is liable in workers’ compensation claims and in several types of personal injury claims. A company is responsible for:

• Its employee’s actions
• Sufficient employee training
• Safety precautions on a construction site
• Any actions done to cut corners or avoid regulation

The exact type and cause of an accident may mean other parties are liable, such as employees, subcontractors, or product manufacturers.

Should I Seek Legal Help After a Construction Accident?

It helps your claim to work with an attorney, as they can make the process easier and increase the likelihood of compensation you receive. Your attorney can:

• Determine if you have a valid personal injury claim
• Review and investigate the accident
• File a personal injury claim
• Determine the party or parties at fault
• Gather evidence for your claim

How Long Do I Have to File for a Construction Accident Case in Modesto?

The statute of limitations is the time limit you have to file a claim. In California, the statute to file for a personal injury claim is two years. This is from the date the accident occurred or the date you realized or should have realized another party was at fault.

What Is a Success Fee in Personal Injury Cases?

A success fee in a personal injury case is similar to a contingency fee. This means that your attorney gets paid a portion or percentage of the final settlement if you win the case. A success fee is different from a contingency fee because it may include additional costs throughout the process. In a contingency fee structure, an attorney does not get paid unless they win the case.

Work With the Law Offices of David Davidi, APLC

Contact the Law Offices of David Davidi, APLC, we want to help you file your claim and recover from your injuries. If you’re dealing with the aftermath of an accident, whether it’s a car accident, truck accident, or motorcycle accident, our attorneys are available to assist you throughout the legal process. We also handle cases concerning rideshare accidents, pedestrian accidents, slip and falls, bicycle accidents, dog bites, and wrongful death.