Every year, construction workers suffer more workplace injuries and fatalities than almost any other occupation. Often, those accidents leave the worker or their family without a source of income and with massive medical expenses. Fortunately, if you have suffered from a construction accident, the law is on your side.
Let the Simmrin Law Group help you fight to get you the money you need. Our team of Los Angeles personal injury lawyers includes some of the most respected names in the state, and we charge you nothing unless we win you money. When ready, we can schedule a free, no-obligation consultation today.
Is a Construction Accident Attorney Necessary?
Construction accident claims involve a lot of complicated liability issues. You may face difficulties regarding:
- Filing a lawsuit
- Filing for workers’ compensation
- Involving OSHA
- Proving fault
Filing a Lawsuit
Most construction accident claims must go through workers’ compensation. In many situations, the law will prohibit you from going to the courts to file a lawsuit.
Filing for Workers’ Compensation
Unfortunately, workers’ compensation doesn’t always perform the way it should. It’s a good system, but it is still run by insurers who are motivated by profit.
We have seen cases in which this system sent a worker to a doctor whom they didn’t feel was really on their side. We have also seen injury victims who were recommended a cheaper treatment instead of the one they believed would do them the most good. Claims are also sometimes unjustly denied.
In all of these cases, you can fight back with a construction accident attorney for a more just result.
The Occupational Safety and Health Administration (OSHA) gives you the right to request that your workplace be inspected. You can also obtain copies of safety reports and inspection results.
However, it’s not always easy to navigate the government bureaucracy surrounding this process. Contact a construction accident attorney in Los Angeles today for help.
Although workers’ compensation does not take “fault” or blame into consideration, lawsuits do. Sometimes, you can and should take the at-fault party to court. Doing so can help maximize the amount you get paid.
When filing a lawsuit, you may need to prove that someone acted negligently or that equipment was defective. This requires hard evidence and experience negotiating. There is no requirement in Los Angeles that you have a workers’ compensation lawyer to file your claim. However, many injured workers choose to have a legal professional who can help maximize the amount they receive.
For a free legal consultation with a construction accidents lawyer serving Los Angeles, call (310) 896-2723
If the Construction Accident Was My Fault, Can I File a Claim?
Even if a construction accident was partially your fault, you may still be able to file a claim and recover compensation in California. Here are some relevant state laws:
- Comparative Negligence (CCP §1431): California follows comparative negligence rules, meaning you can recover damages even if you were partially at fault, with your compensation reduced by your percentage of fault.
- Strict Liability (CC §2142): If the injury involved defective products or dangerous property conditions, strict liability may apply to hold parties responsible regardless of fault.
- Employer Liability (Labor Code §6400): Employers must provide a safe workplace. If your injury was due to unsafe conditions or lack of training/safety gear, the company may share liability.
- 3rd Party Lawsuits (CC §1431.2): You can pursue damages from negligent 3rd parties like subcontractors or equipment manufacturers, even if you receive workers’ comp benefits.
An experienced Los Angeles construction accident lawyer can assess if these laws and liability theories apply to strengthen your injury claim despite any partial fault on your end. The key is acting quickly to preserve your legal right to compensation.
Los Angeles Construction Accident Lawyer Near Me (310) 896-2723
What Will Happen to My Job if I File a Claim?
It depends on whether you plan to, and are capable of, returning to work. If your injuries make it unlikely that you can return to construction, we can help you get substantially more money in your recovery. This money will cover both the lost work time since your accident and also a large cash award for the loss of your future earning potential.
In other words, your settlement should be big enough to make up for all the years you won’t be able to work. If you expect to recover and return to work, you should know that your job is protected. Some of these protections include:
- You cannot be fired because of the injury.
- Your employer is not allowed to “retaliate” in any way because you filed a claim.
- You should be able to return to the same job (injury permitting) at the same rate of pay and continue to advance as appropriate.
Remember: in a worker’s compensation claim, you don’t have to blame your employer at all. The question of “fault” should never even come up. Not only is it illegal to retaliate against workers for these claims, but employers don’t even have an incentive to do so.
Death Benefits for a Loved One Killed in a Construction Accident
Losing a loved one is one of the hardest possible things to go through. We don’t believe that any financial settlement can ever make up for such a loss – unfortunately, nothing can. However, financial compensation is important as the death of a loved one can put a significant financial strain on a household.
The goal of our Los Angeles wrongful death attorneys is to help get you a fair settlement that will keep you and your family financially stable, even though things will never be the same. When construction site fatalities happen, surviving family should have a right to file a claim on their behalf as a wrongful death claim.
This claim can include all the same compensation as any other claim (such as the cost of medical bills). However, it will also cover other expenses, including:
- Money for final expenses, such as funeral costs
- Money to offset the lost income from losing a breadwinner
- Potentially, an additional financial recovery for “loss of companionship,” which is the loss of a spouse
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How Much Money Can I Recover for a Construction Accident Claim in Los Angeles?
You are entitled to recover 100% of all your costs and losses. These include both economic damages and non-economic damages that cannot be easily quantified. A construction accident lawsuit typically covers the following expenses:
Hard costs include all of your medical bills, treatment, drugs, and the cost of travel to and from appointments, as well as any rehabilitation or long-term treatment you’ll need. It also includes medical equipment and any lost income or earning potential.
The goal with hard costs is to determine the total amount of money you have already lost and will continue to lose as a result of your accident, then replace that money dollar for dollar.
General damages refer to money awarded to those who have lost a limb, suffered a disability, experienced tremendous physical pain or emotional distress, or have permanent scarring or a permanent disability. This also applies to the loss of a loved one. Money cannot truly make up for these losses, but it can help offset their impact on your life.
Because general damages attempt to replace the irreplaceable with money, the amount awarded to the victim is often quite large. General damages tend to make up the bulk of a compensation package for a construction accident.
Because you can recover money for both kinds of losses, construction accident settlements are often quite significant. It is not uncommon to see multi-million dollar settlements paid to workers and their families.
How Long Do I Have to File a Claim For Construction Site Injuries?
Construction site accidents can easily lead to catastrophic injuries with devastating consequences. If you or a loved one suffered harm in a construction site accident, it’s crucial to act fast. California compensation laws limit how long you have to file a personal injury lawsuit and pursue rightful damages.
Specifically, the statute of limitations allows just two years from the date of a construction accident injury to take legal action before your claim expires. Don’t let construction companies deny accountability by waiting too long.
Our Los Angeles construction injury attorneys can start building your strongest legal case right away while the evidence is fresh. We’ll help you hold negligent parties fully liable and recover maximum compensation through aggressive, strategic advocacy.
How Much Does a Construction Accident Lawyer Charge?
One of the biggest concerns when hiring an attorney is how much money they will have to pay. Fortunately, when it comes to hiring a construction accident lawyer in Los Angeles, the answer should be nothing. Like any reputable personal injury attorney, a construction accident lawyer will typically work on a contingency fee basis.
This payment structure means that your lawyer will only receive a payment if they can get you compensation. You will never pay a penny out of pocket. Instead, when you do receive a payout, your lawyer’s fee will come directly out of your settlement money at a percentage you’ll have agreed upon when hiring them.
When a client hires a lawyer on a contingency fee basis, they can feel confident that their lawyer will do everything in their power to ensure they get as much money as possible. People who hire an attorney, in these cases, end up in a significantly better financial position when all is said and done.
Talk to a Los Angeles Construction Accident Lawyer for Free
One construction accident can have lifelong consequences. Don’t risk missing out on the money that the law says is your right. Let the Simmrin Law Group help get you fair compensation.
We will charge you nothing, ever, unless we win you money. Please fill out our online contact form or give us a call to schedule your free, no-obligation consultation today.