San Bernardino County Construction Accident Lawyer
The beautiful cities within San Bernardino County are rapidly growing, with numerous construction projects going on daily. While we all know that continued development is essential and desired in our great city, it also opens up the possibility of injury to construction workers as well as innocent bystanders and passersby. The construction injury logs one of the highest rates of injury and death in the United States.
“The Fatal Four”
In 2013 alone, over 4,400 workers across the United States were killed on the job, 856 of those were killed in construction-related accidents. A staggering 4 percent of all construction workers have been forced to lose time at work or have had job restrictions imposed or even forced transfers, all because of injuries sustained on the job. Figures from OSHA state that in 2012, the construction industry was responsible for an astounding one out of every five worker fatalities.
OSHA’s “fatal four” leading causes of deaths on construction sites: falls, being struck by an object, electrocution or being stuck in between two objects.
The Problem With Workers’ Compensation
We likely all know of someone with less than stellar experience with worker’s compensation and know that the small percentage they are willing to pay to compensate you for lost time at work, medical bills and other compensation is simply not sufficient to survive on.
If you have been injured at work on a construction site, your employment status and the extent to which your employer is liable for your injuries will determine the outcome of your case. You will need the expertise of a skillful construction accident attorney at the Law Offices of Brent. A. Duque on your side to ensure that you receive the medical care and monetary benefits you are entitled to. If your injury is likely to keep you from working permanently, your lawyer can advise you about filing for Social Security disability benefits as well.
Third Party Liability
A construction worker who was injured on a construction site may be eligible to recover more compensation than just Workers’ Compensation. Let’s say an electrician working for 123 Electrician Contractors was on a ladder working. Signs and warnings were posted in the electrician’s work area, but the ladder was hit by a van driven by ABC Independent Contractors when the driver was distracted by his phone. He never saw the warnings, the ladder or the electrician. As a result of the fall, the electrician suffers a permanent injury.
Because ABC is a separate and distinct business entity, California law permits the electrician to bring a personal injury lawsuit against ABC and their driver simultaneously while pursuing a workers’ compensation claim. That is called third party liability. Damages in the third party liability personal injury lawsuit are not limited like those in a workers’ compensation claim. While seeking damages in the lawsuit, the injured employee can also collect workers’ compensation benefits for purposes of paying medical bills and keeping their household and family going.
Others Get Injured Too
A passing motorist, pedestrian and bystander may also encounter the possibility of injury or death around a construction site. A falling tool or piece of construction material can easily strike a passerby. A motorist, using all necessary due care and caution around the site, can be struck by a truck or by a heavy equipment operator. While these people are independent of anybody working on the construction project, they are still allowed to file a personal injury lawsuit against any companies and employees on the site that they believe were responsible for their injuries.
At the San Bernardino 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 our San Bernardino County Personal Injury Attorney 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.