Orange County Construction Accident Lawyer
Orange County is know for its beautiful cities and its continuous expansion. While this volume of development is desirable in our cities, it also leads to an increased possibility for injury to construction workers, bystanders and passersby. With one of the highest rates of injury and death in the country, the construction industry poses an increased risk of life-altering injuries.
“The Fatal Four”
The “fatal four” leading causes of deaths on construction sites, according to OSHA are electrocution, falls, being struck by an object or becoming caught/stuck between two objects.
Nearly 4% of all construction workers in the United States have suffered injuries requiring them to take time away from work, have job restrictions imposed or have been transferred. Figures from OSHA revealed that in 2012, a frightening one out of every five work-related fatalities was in the construction industry.
The Problem With Workers’ Compensation
California Worker’s Compensation Laws are inadequate for those injured on the job. The small percentage of your wage is typically not sufficient to compensate a construction injury victim for a possible lifetime of disability and loss of work. Depending on your employment status at the time of the injury and the extent to which your employer is liable for your injuries, your case could be limited to a small percentage of your regular wages.
In the case that your injuries are serious enough that your life will be temporarily or permanently changed, either because of permanent bodily disfigurement or a change in ability to work, an experienced construction accident attorney at the Law Offices of Brent. A. Duque can help you through the tedious and often overwhelming process and will fight to ensure that you receive the medical care and monetary benefits that you are entitled to.
Third Party Liability
Depending on the unique circumstances of an accident, a construction worker who was injured on the job may be able to recover compensation in addition to Workers’ Compensation. 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 distinctly independent 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.
Others Get Injured Too
While construction workers are at an increased risk of being injured or killed on or around a construction site, motorists, pedestrians or bystanders may also become injured. A pedestrian or bystander could be injured by a falling tool or piece of construction debris. A motorist may be injured by a truck or by a heavy equipment operator. Even though these people are independent of 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 Orange County 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 the Orange County law office of Brent A. Duque at 877-241-9554 for a free consultation and case evaluation. You can even use our online contact form, and we’ll reply to you quickly.