Bakersfield Construction Accident Lawyers
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Our Bakersfield Construction Accident Lawyers Offer Reliable Help For Injury Claims
In California, workers’ compensation often covers injuries from construction. Some cases can also include third-party negligence. In Bakersfield, multi-employer job sites, work zones near SR-99 and SR-58, and big oil and industrial projects raise the risk of accidents.
State law requires employers to follow state and federal safety rules. These include proper training, safe equipment, and hazard control. If these duties are not met, injured workers can file a workers’ compensation claim. Workers and non-workers, like drivers or pedestrians, can pursue a third-party personal injury claim. This option applies if someone besides the employer or a coworker caused the accident. Bakersfield construction accident lawyers guide victims in understanding their legal choices after an incident.
Why Construction Accidents In Bakersfield Are Different
Unique local conditions make construction accident claims in Bakersfield different. Here, multiple employers often share job sites, and many of these sites sit along major commercial corridors. These factors alone can affect reporting, evidence preservation, and fault assessment. Local legal rules and venues can further complicate a victim’s ability to pursue compensation.
Bakersfield is currently experiencing exponential growth, leading to multiple large-scale construction projects. These include City Lights, an open-air shopping center project along Mall View Road, and road improvements along California Avenue.
Job sites like these often have multiple employers. General contractors work with subcontractors and equipment vendors. However, since they all have different duties, fault can be harder to determine. Insurers may raise early disputes over who controlled the work area, directed tasks, and enforced safety rules on the construction site.
When it comes to road and freeway work zones, such as those on California Avenue, construction projects can significantly alter traffic patterns and increase the risk of accidents. In these scenarios, different authorities may respond. That can affect insurance reviews and the legal process because jurisdiction over the crash scene can vary:
- The California Highway Patrol (CHP) or Caltrans handles construction accidents that occur on or near highways such as SR-99, SR-58, and I-5.
- The Bakersfield Police Department responds to incidents on streets within city limits, such as Real Road.
Accidents can also be more complex if they involve construction projects run by government agencies, such as the City of Bakersfield’s Public Works Department. Victims would have to file cases within shorter deadlines to comply with California’s Government Claims Act. Failure to comply may bar them from pursuing compensation altogether.
Evidence preservation can also be challenging in Bakersfield construction claims because:
- A contractor or a nearby business may control the job site surveillance footage. The security systems they use often overwrite videos within days.
- Some documents may not be easy to obtain. These include daily reports, safety meeting records, equipment inspection logs, and subcontract agreements.
- Medical records may show gaps if the victim did not seek medical attention immediately after the accident.
Insurance companies can dispute or deny claims due to insufficient evidence. If settlement talks fail due to this issue, victims may need to:
- File a personal injury lawsuit with the Kern County Superior Court.
- Submit appeals to the Workers’ Compensation Appeals Board (WCAB) in the Bakersfield district office.
(No guarantee of outcome. Results displayed were dependent on unique facts of that case, and different facts will bring different results.)
Injury Severity In Construction Accidents
Construction accidents can result in a wide range of injuries. In Bakersfield claims, the severity of the injury matters. This factor affects the cost of medical care and how it changes a person’s daily life. The injuries can depend on the situation, as there are different risks on a construction site.
- Head Injuries: These injuries happen when a worker falls from a height or when a tool or material falls and strikes them. Such accidents can cause concussions, skull fractures, memory loss, or headaches. In severe cases, they can lead to traumatic brain injuries (TBIs), which could result in permanent cognitive issues.
- Spinal Cord Injuries: These can occur when a worker falls or when heavy objects crush them. These injuries can lead to paralysis. Bakersfield work injury lawyers look at long-term care needs when assessing losses from these injuries.
- Broken Bones: Workers can break bones if they fall, slip, or get hit by heavy equipment. Some breaks are grave and may need surgery and a long recovery period.
- Amputation: Such injuries can occur when workers use machinery or become caught in equipment. Workers can lose their fingers, hands, arms, or legs, depending on the circumstances.
- Burns: Fire, electricity, or chemicals may cause burns. These injuries can damage the skin and may leave permanent scars.
- Back Injuries: Lifting heavy materials or falling can hurt the back. Some workers may need surgery and have long-term pain.
- Crush Injuries: These occur when a worker is trapped or pressed by heavy machinery or materials, such as falling beams or equipment.
- Soft Tissue Injuries: Sprains and strains can occur when workers slip, lift incorrectly, or use tools improperly.
- Eye Injuries: Dust, chemicals, or flying debris can enter the eyes, causing serious damage.
Besides physical injuries, some victims may also suffer emotionally and mentally. These conditions include PTSD. They can also cause emotional distress or pain and suffering. Bystanders can also be affected, with the elderly and young people at greater risk. Older adults may have more serious injuries and face a harder recovery. Young victims may experience trauma and delays in their growth or development.
Proving Liability In A Construction Accident Case
In California, including Bakersfield, construction accident claims are usually based on negligence. Injured workers, visitors, or passersby must show proof. They need to prove that the employer or contractor didn’t follow safety rules. They also need to show that the employer or contractor acted irresponsibly. This is key to getting compensation for medical bills, lost wages, or other damages.
To establish liability, these elements of negligence should be present in a case:
Duty of Care: Employers and contractors must keep workers safe on the job. This duty includes:
- Providing proper training.
- Ensuring safety equipment is available.
- Following safety rules.
- Breach of Duty: The employer or contractor failed to follow safety rules, maintain equipment, or warn workers about hazards.
- Causation: There must be a clear connection between the unsafe conditions or negligence and the injury.
- Damages: The worker suffered a loss as a result of the construction accident. These include medical bills, lost wages, or emotional distress.
California follows a pure comparative negligence rule. A victim can still seek damages even if they share some responsibility. For example, if a worker is 25% at fault, they can still pursue 75% of their total damages.
Employer Responsibilities In The Construction Industry In Bakersfield
The California Division of Occupational Safety and Health (Cal/OSHA) makes safety rules that protect construction workers. If employers or contractors break these rules, they can be held responsible. Their actions may lead to workplace accidents. Bakersfield construction accident attorneys can refer to these rules to establish liability.
Requirements for specific situations include:
- Working at Heights: Workers must use guardrails, safety nets, or fall-arrest devices.
- Scaffolds: Must have guardrails and be built and inspected by a competent person before each work shift.
- Excavations & Trenches: Workers must use proper slopes, shoring, or shielding. Before every shift, a “competent person” must inspect trenches and excavations.
Electrical Safety:
- Use a lockout/tagout system.
- Keep a safe distance from power lines.
- Use Ground Fault Circuit Interrupters (GFCIs).
- Cranes: Certified operators, qualified riggers, and safe load limits are required.
- Heat Illness Prevention: Employers must provide water, shade, and rest to employees. New and returning workers must first acclimate to the heat.
Who Is Liable For A Construction Accident?
After a Bakersfield construction accident, determining who is at fault can be difficult. Sometimes, more than one person or organization may be responsible. Liability depends on the circumstances of the accident.
People or groups who might be held accountable include:
- Property Owners: If dangerous conditions exist on the construction site, the property owner may be responsible.
- General Contractors: They must keep the site safe and follow safety rules. If they fail to do so, they can face liability.
- Subcontractors: If their errors caused the accident, they can be held responsible.
- Equipment Manufacturers: Companies that make defective tools or machinery may be liable if their products cause accidents.
- Engineers & Architects: If a design or plan causes an accident, they could be responsible.
- Other Parties: If a utility worker or a passing driver contributed to the accident, they might share some responsibility.
Bakersfield accident lawyers can review evidence to identify potentially liable parties. This evidence can include compliance records, surveillance footage, and eyewitness statements.
How Insurance Typically Applies In Construction Accidents
In Bakersfield, insurance often plays a major role after a construction accident. The type of claim depends on how the accident happened and who got hurt. In many cases, injured workers can seek benefits through workers’ compensation. If someone outside the employer caused the accident, a third-party insurance claim may also apply. Insurance companies often look closely at claims. They may question fault, injuries, or the amount of damages.
Depending on the circumstances, victims have several options in seeking damages:
Workers’ Compensation: This insurance provides benefits to employees who suffer work-related injuries. A workers’ compensation claim can cover the following:
- Medical Bills: These include costs of urgent care, hospital stays, and treatments. Some necessary treatments could include physical therapy, chiropractic care, or counseling.
- Temporary or Permanent Disability Benefits: These benefits help replace part of the worker’s lost wages. Temporary disability applies while the worker recovers. Permanent disability may apply if the injury causes lasting harm.
- Supplemental Job Displacement Benefit: Workers who can’t return to their jobs due to a permanent injury may get a voucher. They can use it for retraining or skill-building for a new type of work.
Third-Party Claim: If someone else caused the accident, injured construction workers can file a claim against that person. They can seek damages from that person or group. This third party could be a careless subcontractor, an equipment maker, a property owner, or a government agency.
Most companies carry commercial general liability insurance, which may apply to these claims. A third-party claim may also allow an injured worker to recover damages for pain and suffering, which workers’ compensation does not cover. Construction accident lawyers in Bakersfield often explore this option not only for injured workers with claims against non-employers, but also for other non-employee victims hurt in a construction-related incident.
Construction accidents happen often, but some insurance companies don’t process claims quickly. Disputes can arise if:
- The case involves multiple parties, such as contractors, property owners, and employers.
- The insurer claims the worker was not acting within the scope of their employment at the time of the accident.
- Pre-existing medical conditions can make it harder to show that the accident caused the injury.
- Medical records do not establish a clear connection between the injury and work.
- The insurer classifies the worker as an independent contractor.
- The worker delays reporting the accident to the employer.
What Typically Happens After A Construction Accident Claim Begins
After a construction accident in Bakersfield, several steps usually occur. First, investigators examine the accident to understand what went wrong. Next, the injured party undergoes a medical evaluation. This process assesses their injuries and determines what treatment they need. Finally, individuals may pursue insurance or legal action to recover damages.
However, the exact process may differ from case to case depending on the type of claim pursued by the injured person.
For injured workers in construction accidents, the process of pursuing this claim includes:
- Filing the Claim (DWC-1): You or your employer reports the injury and completes the DWC-1 form. In California, employers must give this form within one business day. Once filed, the insurer’s timeline begins.
- Insurer Response: The insurance company typically sends a letter. This letter confirms receipt of the claim and outlines the next steps. The workers’ compensation system may cover immediate medical care while the claim is under review.
- Investigation (Medical Records, IME/QME): Insurers gather evidence and check medical records. If there’s a dispute, they might set up an Independent Medical Exam (IME) or a Qualified Medical Evaluator (QME) exam. Scheduling and reports can take time, especially for more complicated cases.
- Decision: After reviewing everything, the insurer decides whether to approve, deny, or offer a settlement. Once approved, medical care and wage-loss benefits begin.
- Appeals: If the insurance company denies your claim, you can file with the Bakersfield district office of the Workers’ Compensation Appeals Board. Appeals can take months or over a year, especially if more medical exams or hearings are needed.
However, some construction accidents involve third parties and non-employees. In these cases, the process may include:
- Consultation: The first meeting with a personal injury lawyer helps you see if your case has merit and understand your legal options.
- Evidence Collection: Victims gather evidence to support the claim. These include medical records, incident reports, and witness statements. Lawyers for construction accidents in Bakersfield consult experts for complex cases.
- Settlement Demand: After collecting all evidence, the construction accident lawyer makes a settlement request. They send this request to the insurer.
- Investigation: Insurers conduct their own investigations to verify the claim and decide whether to accept or deny it. In some cases, they may request additional documents to confirm the facts of a case.
- Negotiation: While some cases may resolve quickly, others may involve disputes. In these cases, Bakersfield personal injury lawyers can negotiate on behalf of their clients.
- Litigation (If Needed): If negotiations fail or there are liability disputes, an option would be to file a case with the Kern County Superior Court. Even after filing, the parties can continue settlement talks.
What We Handle In Construction Accident Cases
Construction accident attorneys in Bakersfield can handle the legal aspects of these cases. They can assess the situation and explain the victims’ possible legal options. They can also provide legal insights that allow victims to make informed decisions about their claims.
Bakersfield injury lawyers can:
- Review the details and available evidence of the construction accident to determine whether a victim has a case.
- Evaluate possible sources of recovery, such as workers’ compensation, third-party liability coverage, Social Security Disability Insurance (SSDI), and the Subsequent Injury Benefits Trust Fund.
- Gather evidence, including medical records, safety compliance reports, and surveillance footage.
- Identify and calculate the value of all documented losses, such as medical costs, lost wages, and pain and suffering.
- Handle settlement negotiations with insurers and other parties.
- File a case with the Kern County Superior Court, if necessary.
Potential Damages In Construction Accident Claims
If a worker is injured in a construction accident in Bakersfield and proves liability, they can recover damages. Under California law, victims can seek compensation from liable parties. A claim is also possible even if they share fault in an accident.
Common types of losses in an accident claim may include the following, but are not limited to:
- Medical Expenses: Covers all costs for treating injuries. These include hospital stays, surgery, rehabilitation, prescriptions, and other required medical care.
- Lost Wages: Compensation for income lost because the worker could not perform their job. This category includes both past and future wages.
- Loss of Earning Capacity: If the injury causes long-term or permanent effects, damages may cover impacts on work ability. They may also cover impacts on daily activities and quality of life.
- Non-Economic Damages: Compensation for intangible losses caused by the injury. These can include pain and suffering, emotional distress, and mental anguish.
- Property Damage: Compensation for damage to tools, equipment, or personal belongings. These items may have been lost or broken during the accident.
There can be other losses, and this list is not exhaustive. Bakersfield construction accident lawyers assess other possible damages based on the circumstances.
(No guarantee of outcome. Results displayed were dependent on unique facts of that case, and different facts will bring different results.)
Frequently Asked Questions (FAQs)
It’s normal for victims to think, “I need a personal injury lawyer,” after a construction accident. Lawyers can help address these legal concerns. Below are answers to some common legal questions about construction accidents in Bakersfield.
How Long Does A Construction Accident Lawsuit Take?
A construction lawsuit in Bakersfield varies in duration. It depends on the case’s complexity, the number of people involved, and whether there are scheduling delays at the Kern County Superior Court. The availability of evidence may also be a factor in this timeframe. Obtaining certain types of proof may take time, especially when a court subpoena is required.
What Construction Job Has The Highest Fatality Rate In Bakersfield?
Though there are currently no Bakersfield construction death statistics, jobs that involve working from heights generally have the highest fatality rate. Examples include roofing, scaffolding, window installation, and steelwork.
With 78 fatalities in 2023, the construction industry in California had the highest death toll. Falls, slips, and trips were responsible for about 34 of these deaths. That represents around 43.6% of all occupational fatalities in the sector.
These accidents are particularly risky for people who work at heights. According to state-specific BLS data, across all industries, 65 out of 79 occupational fatalities from trips, falls, and slips were caused by falling to a lower level.
How Long Do I Have To File My Bakersfield Construction Accident Case?
The time limit for filing a construction accident case depends on the type of claim you are pursuing. The Kern County Superior Court will strictly enforce the applicable deadline in line with California’s statute of limitations. Missing it will generally result in the dismissal of your case. However, some exceptions may apply.
Below is a brief overview of possible deadlines for construction accident cases:
- Workers’ Compensation Claim: One year from the date of the accident. However, you should also report the injury to your employer within 30 days.
- Personal Injury Case: Two years from the date of the accident. Exceptions apply for:
- Injured Minors: The two-year time limit will not begin until they turn 18. Their parents or legal guardians can file the case on their behalf until then.
- Government Claims: Victims have 6 months to file an administrative claim against Caltrans, the City of Bakersfield, or another public entity.
Can I File A Construction Accident Lawsuit In Bakersfield, Even If I Am Receiving Workers’ Compensation Benefits?
Yes, you can do so in limited situations. Generally, you can receive workers’ comp benefits and file a construction accident claim if someone else’s negligence injured you while you were working on a job site. If settlement negotiations with that at-fault party’s insurer fail, suing may be an option in your case.
I Cannot Afford An Attorney, And I Think There Was Third-Party Liability. What Should I Do?
You can do two things. First, gather proof of third-party liability. Supporting evidence can include witness statements and medical records of your injuries. Second, look for a Bakersfield construction accident lawyer who works on a contingency fee basis.
One common question victims ask about contingency fees is, “Do lawyers only get paid if they win?” The answer is yes. Under this no-win, no-fee policy, you won’t have to pay your attorney unless they obtain compensation on your behalf. That means you can bring them evidence of third-party liability, and they can build a case for you, even if you don’t pay for their services up front.
Will My Bakersfield Construction Accident Claim Go To Trial?
Not always. Most personal injury claims settle out of court because it’s often quicker and cheaper than going to trial. Accepting compensation from an insurer can thus be ideal, especially if the fault is clear in your case.
However, litigation may be necessary if settlement talks fail. A Bakersfield construction accident attorney can help determine whether settling or going to trial is the best option for your case.
Contact Our Bakersfield Construction Accident Lawyers
Construction is an inherently risky industry. Employees and even passersby can sustain serious, life-changing injuries if job sites don’t follow safety regulations. If you get hurt in such an incident in Bakersfield, you may be seeking free advice from a construction accident lawyer to learn about your legal rights.
You might want to know whether you can file a workers’ compensation claim, a personal injury case, or both. If you’re already seeking damages, you might be facing pushback from employers and insurers alike. These are scenarios where Arash Law can step in to help.
Our construction accident lawyers in Bakersfield can review your case and provide personalized guidance so you can decide how to move forward. If you choose to work with us, we can assist you throughout the claims process and help you pursue the compensation you deserve under California law.
To schedule a free initial consultation with our Bakersfield injury law firm, call (888) 488-1391. We extend our services throughout the county and the rest of California, including nearby areas such as:
- Arvin
- Oildale
- Lamont
- Weedpatch
- Tupman
- Pumpkin Center
- Shafter
- Fuller Acres
- Tarina
- Inyo County
- Tulare County
- Kings County
- Los Angeles County
- Ventura County
