Santa Ana Construction Accident Lawyer
Santa Ana is a beautiful city that is always developing. While this amount of development is desirable in our city, it also creates the 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 falls, electrocution, being struck by an object or becoming caught or stuck between two objects.
Nearly 4% of all construction workers in the United States have suffered injuries requiring them time away from work, job restrictions or transfers. Figures from OSHA revealed that in 2012, a bewildering one out of every five work-related fatalities was in construction.
The Problem With Workers’ Compensation
California Worker’s Compensation Laws are harsh for those injured on the job and are typicallynot 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 responsible for your injuries, your case could be limited to a small percentage of your regular wages.
In the unfortunate case that your injuries are severe enough that your life will be temporarily or permanently altered, either because of permanent bodily impairment or a change in ability to work, an experienced construction accident lawyer at the Law Offices of Brent. A. Duque can help you through the overwhelming process and will fight to ensure that you receive the medical care and monetary benefits you are entitled to. In addition, if your injury may keep you from working permanently, your lawyer can advise you about filing for Social Security disability benefits as well.
Third Party Liability
Depending on the specific circumstances of an accident, a construction worker who was injured on the job may be able to recover compensation beyond 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 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.
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 Santa Ana 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 Orange 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.