Construction all across the Inland Empire is on the rise providing much needed jobs, but also opening up the potential for injury to construction workers as well as bystanders and passersby. While construction is much needed nationwide, the construction industry has one of the highest rates of injury and death in the country.
According to OSHA, the “fatal four” leading causes of deaths on construction sites are: falls, being struck by an object, electrocution or being caught or stuck in between two objects. A staggering percentage of construction workers have suffered injuries on the job that are severe enough that they lose time from work or have job restrictions or transfers. Figures from OSHA revealed that in 2012, an astounding one out of every five worker fatalities was in the construction industry.
If you have had the misfortune of being injured at work on a construction site, any legal claim you may be entitled to will be directed through California Worker’s Compensation. Your employment situation and the extent to which your employer is responsible for your injuries will determine the damages you can collect. Your case may be limited to a small percentage of your regular wages, which is typically the maximum that workers’ compensation insurance will pay. If you face a possible lifetime of disability and loss of work, this will likely not be enough to compensate you for your losses.
If face a temporarily or permanently altered way of life, either due to permanent bodily impairment or a change in your ability to work, an experienced construction accident lawyer at the Law Offices of Brent. A. Duque will be able to advocate on your behalf! Our experienced team will fight to ensure that you receive the medical care and monetary compensation that you are entitled to. In addition, if your injury is likely to keep you from working permanently, your attorney can advise you about filing for Social Security disability benefits as well.
Depending on the circumstances surrounding the accident, a construction worker who was injured on the job might be eligible to recover further compensation beyond the scope of the Workers’ Compensation Act. If, for instance, an electrician working for XYZ Electrical Contractors was on a ladder working and was mindful of the signs and warnings in the area, but the ladder was hit by a van driven by distracted driver from ABC Plumbing Contractors who never saw the warnings, the ladder or the electrician, a third party may be responible for the fall, and any injury the electrician may suffer.
Because ABC is a separate and distinct business entity, California law allows the electrician to bring a personal injury lawsuit against ABC and its driver at the same time he pursues his workers’ compensation claim. This is called third party liability. Damages in the third party liability personal injury lawsuit are not limited as are damages in a workers’ compensation claim. While seeking damages in the lawsuit, the injured worker can also collect workers’ compensation benefits for purposes of paying medical bills and keeping their household and family going.
Construction workers are not the only people that might get injured or killed on or around a construction site. Motorists, pedestrians or others just going about their daily activities may also find themselves injured. A pedestrian or bystander could be injured by a falling tool or piece of construction material. A motorist using all necessary due care and caution around the site could be injured by a truck or by a heavy equipment operator. Regardless of the fact that these people are independent of employees on the construction project, they are still permitted to file a personal injury lawsuit against any companies and employees on the site that they believe were responsible for their injuries. If you have been wrongly involved and injured, we invite you to contact us as soon as you can about this.
At the Corona Law Offices of Brent A. Duque, we maintain a staff of a highly professional, knowledgeable, aggressive and successful construction site accident attorneys who represent injured people through our offices that stretch across Southern California. Time limitations apply to any injury claim you might have, so for purposes of investigating a possible case and possibly preserving evidence, it’s best for you to contact us immediately after an accident.
Contact our Riverside County Personal Injury Attorneys at 1-877-241-9554 to learn more about your legal options. A free consultation is just a phone call away. You can even use our online contact form, and we’ll reply to you quickly.
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