Orange County Construction Accident Lawyers
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Orange County Construction Accident Lawyers Here To Help Injured Victims Understand Their Rights
Thousands of construction sites seem to be popping up everywhere in The O.C. Construction sites are also some of the most dangerous areas. If you have been injured in a construction-related accident, we can help. Our Orange County construction accident lawyers can help you explore ways to seek compensation for your injuries. Call Arash Law at (888) 488-1391 for a free initial case review.
Orange County is one of the fastest-growing regions in the United States. As of 2022, O.C. houses over 3.1 million individuals. The County’s population is estimated to increase by 700,000 in 2050. Vision 2050, the local government’s blueprint for urban development, aims to accommodate a growing population through increased residential and commercial spaces. As construction booms to meet this goal, both by the public and private sectors, the risk of accidents on construction sites has correspondingly risen.
Despite strict monitoring and regulation, construction sites remain riddled with dangers. If you or someone you love is injured inside or around one, our Orange County construction accident attorneys can offer dedicated guidance. We are committed to helping accident victims pursue compensation they may be entitled to for their injuries and losses. Our dedication comes from our decades of experience in handling various injury cases in California. Our construction accident lawyers in Orange County can handle the legal work so you can focus on recovering from your injuries.
What Is A Construction Accident?
Construction accidents occur in or near a construction zone and often result in injuries or death. These accidents often result from negligence, poor training, unsafe conditions, equipment failure, or human error.
The progress of ongoing projects creates new hazards on construction sites. Because of these emerging hazards, keeping safety measures in place can be challenging. These looming dangers put everyone within and in the vicinity of these zones at great risk.
Our Orange County lawyers have encountered construction accident claims stemming from the following risks:
Heavy Machinery
Construction sites use heavy machinery such as cranes, bulldozers, and rough-terrain forklifts. If not properly operated, these vehicles can cause catastrophic injuries to anyone unfortunate enough to be caught in their path. Crane accidents and forklift incidents are especially common due to how widely these vehicles are used in construction sites.
Working At High Elevation
Workers put up scaffolding to work on roofs and tall structures. This increases the risk of falling from great heights, the leading cause of fatalities in construction accidents. Scaffolding accidents happen often in construction zones and typically lead to severe injuries.
Electrification
The presence of live wires and the electrical work involved in construction zones increases the risk of electrocution. One error can lead to life-threatening electrocution accidents, resulting in injuries such as electric shock, electrical burns, and thermal burns.
Hazardous Materials
Construction workers are commonly exposed to toxic substances like silica and lead. Regular chemical exposure to these materials can lead to serious long-term health issues and life-threatening ailments. Our construction accident lawyers in Orange County have also handled cases of clients who developed mesothelioma after continuous exposure to asbestos.
Physical Exhaustion
Manual labor is a big part of construction work, often involving heavy lifting, repetitive motions, and strenuous physical activity. Excessive physical strain can lead to musculoskeletal injuries, muscle tears, and even cardiac and respiratory issues.
Demolition Activities
Demolitions usually occur before a construction site is built. They involve the intentional destruction of structures, which can lead to unexpected collapses and flying debris. The improper use of explosives during demolitions can cause burn injuries and other fire-related trauma. Flying debris from an explosion can cause severe bodily injury.
Construction accidents can have serious consequences, not only for the workers who get injured but also for their families. If you or a loved one has suffered injuries in a construction accident, an accident attorney can help you navigate the complexities of your case.
Our Orange County lawyers are committed to advocating for construction accident victims’ rights, offering legal representation, and helping them understand their options. Contact us for a free initial consultation so we can start reviewing your construction accident case.
Morales v. Construction Group Staffing (settled on 7/23/2020) – settlement involving a client who was catastrophically injured when he fell from a height of 4 stories down a shaft. This is a record breaking California Workers’ Compensation settlement. Read more about this case on Yahoo! Finance News– TINA ESHGHIEH
What To Look For In Orange County Construction Accident Lawyers
On top of recovering from injuries after an accident, dealing with the process of an insurance claim can be stressful. Filing a personal injury claim can be equally tedious and complicated, especially if you don’t have any legal background. You will have to gather relevant evidence, file the necessary documents, and attend court hearings if your claim goes to trial. These steps are necessary in seeking compensation.
If you have been injured in a construction accident, you don’t have to build your case from the ground up on your own. Our dedicated construction injury lawyers can handle the legwork so you can make more informed decisions about your claim, even as you recover from your injuries.
It’s important to find someone experienced, skilled, and dedicated to helping you pursue compensation. Consulting an attorney from an established Orange County injury law firm with the following qualities is ideal:
Familiarity With State And Local Regulations
Look for a construction accident lawyer in Orange County with experience handling different injury cases. Their understanding of the specific laws and regulations about construction sites can be helpful for building and presenting your case. Ensure the lawyers you work with are well-versed in local and state regulations relating to construction accidents. Local experience can be similarly beneficial for navigating local court systems and laws.
Experience With Construction Accident Cases
Look for a construction accident lawyer in Orange County who has specifically handled construction accident cases in the past. Before committing to a client-lawyer relationship, for example, you can ask about their past case results and settlements. You can also check the likes of Google Reviews and Yelp! to read online testimonials from past clients. This can give you insights into how they’ve handled past cases and their client satisfaction.
Communication And Availability
The ability to communicate the technicalities of your case in everyday terms is a clear sign that an attorney is experienced in his or her field. That said, consider consulting Orange County construction accident lawyers who can explain complex legal terms and processes in a way you understand. They should also be responsive to your questions and keep you updated on the progress of your case if you choose to sign on as one of their clients.
Dedication And Personal Connection
Your attorney will be your confidant in and out of court as your case progresses. You should feel comfortable enough with your lawyer to trust them to handle sensitive and personal information. They should also show genuine interest and dedication to your case, demonstrating that they will work to process your claim in a way that considers your unique needs after an accident. Building trust is essential as you will be working side by side with them to manage your case.
Mutually Beneficial Fee Structure
Make sure you understand the fee structure of your prospective lawyers before entering into an agreement. Read through the fine print and ensure there are no hidden fees. It’s ideal to work with personal injury lawyers who operate on a contingency fee basis. Under this arrangement, your lawyer will only get paid if you collect compensation, though some other case-related costs may still apply regardless of the outcome.
Working with an attorney who aligns with your case’s needs can benefit your claim. Schedule a free initial consultation with our Orange County construction accident lawyers to learn more about our contingency fee agreement.
How Can Our Construction Accident Attorneys Help You With Your Case?
You might be asking yourself, “Do I need a personal injury lawyer?” Having an experienced lawyer by your side can help, especially if you’re unclear on your options or are unfamiliar with the process of pursuing compensation. You don’t have to build your construction accident case brick by brick on your own. We can offer assistance grounded in our decades of experience handling different injury cases in California.
Our construction accident attorneys in Orange County can help with your case in the following ways:
- We Offer Comprehensive Case Evaluations — We can provide a realistic assessment of your case’s strengths and potential challenges. This will help us identify its merits and the legal strategy to use.
- We Help You Understand Complex Laws — Construction accident laws can be complicated to navigate, and our experienced attorneys understand the nuances of both state and federal regulations. They can clarify your rights and options, guiding you on what steps to take.
- We Independently Investigate the Accident — We can collect all relevant evidence, including accident reports, medical records, witness statements, and photographs of the accident scene. If witnesses were present during the accident, we can collect their statements to support your side of the story.
- We Will File Your Claim Within the Legal Time Limits — Filing court proceedings requires extensive legal knowledge. We will take care of all the necessary paperwork to help file your claim within the two-year legal deadline for personal injury cases. Missing this deadline can prevent you from pursuing compensation for your injuries.
- We Work on Contingency — You won’t need to pay our Orange County construction accident lawyers upfront. We offer free initial consultations to all construction accident victims seeking legal guidance. Meanwhile, our clients only pay attorney fees if they’re awarded a settlement. Other costs, such as case expenses, may also be charged to them. Our lawyers can further discuss our fee agreement to help you understand the potential fees you may be responsible for as a client.
What You Should Know About Workplace Safety Laws In California
Construction sites are inherently dangerous due to heavy equipment being towed around and many other hazards. The California Division of Occupational Safety and Health (Cal/OSHA) strictly enforces workplace safety laws to protect workers and bystanders from the dangers present in these zones.
Here are some construction employer guidelines enforced by Cal/OSHA to maintain safety in construction zones:
Injury And Illness Prevention Program (IIPP)
California employers are required to develop and implement an effective Injury and Illness Prevention Program for their employees. This program is implemented as a proactive measure to address existing and potential workplace hazards before they result in an accident. It must include procedures for identifying workplace hazards, routine inspections, accident investigations, and employee safety training.
Fall Protection
Due to slippery and unstable working surfaces, holes in the floor, or unsecured equipment, fall-related accidents account for the highest number of fatalities in construction sites. Cal/OSHA mandates that fall protection be provided for jobs that require workers to go above the six-foot elevation threshold. Depending on the required fall protection system, safety measures can include guardrails, safety nets, and personal fall arrest systems.
If a construction accident occurs due to inadequate fall protection measures, contact our Orange County lawyers. We can help you collect evidence, identify the liable parties, and handle communications with the insurance company.
Scaffolding Safety
When working at great heights, workers must set up scaffolds to provide a stable and safe platform. However, falls from scaffolding can lead to serious injuries or even fatalities. As per Cal/OSHA requirements, scaffolding platforms should be closely boarded, planked, or decked according to specified intervals. Each plank should be at least 500 millimeters wide to prevent tools or materials from falling into the gaps.
Cal/OSHA requires the use of scaffolding at heights where ladders are unsafe or if there is no permanent structure at least 20 inches wide. Other key requirements include proper design and construction, as well as regular inspections. Scaffolds must also be able to support their own weight plus four times the maximum intended load without failure.
Hazard Communication
Construction sites often contain hazardous materials that can be ingested, inhaled, or absorbed through the skin, posing significant health risks to workers. Cal/OSHA requires employers to maintain a written Hazard Communication Program to protect workers from exposure to toxic substances. This program includes ensuring all hazardous chemicals are properly labeled and that safety data sheets (SDS) are available for each chemical. Employees must also be adequately trained to handle hazardous materials.
Personal Protective Equipment (PPE)
Employers must provide appropriate personal protective equipment (PPE) to workers on construction sites if standard measures are ineffective at eliminating hazards. PPE includes hard hats, gloves, safety glasses, and hearing protection. They must also ensure that the workers use and maintain the PPE correctly.
Electrical Safety
Construction workers must deal with live wires to install a building’s electrical system. Electrical safety regulations prevent electrocution, shocks, and burns. Electrical hazards, such as exposed wires, pose a great danger to workers. Cal/OSHA requires employers to ensure all electrical installations and equipment are safe and comply with the California Electrical Code. Proper grounding, the use of GFCIs, and training for workers who handle electrical equipment are also essential requirements.
Call us at (888) 488-1391 if you get injured at a construction site due to electrocution or a fire-related accident. Our Orange County construction accident lawyers can evaluate your case and help assess whether there was negligence on the part of the employer or the construction company.
Trenching And Excavation Safety
In the early phases of construction, workers must build trenches to set up the building’s foundation. This can be a dangerous stage in the project, as the trench may cave in, causing fatal injuries. Cal/OSHA has specific regulations for trenching and excavation to prevent cave-ins and other accidents. These regulations include requirements for protective measures like shoring, sloping, and benching, as well as regular inspections of the area for signs of weathering.
Heat Illness Prevention
Workers, particularly in the construction industry, usually work under extreme conditions, such as being exposed to the scorching California sun. Due to this, Cal/OSHA has made heat illness prevention a crucial aspect of workplace safety. Employers protect workers from heat illness in both indoor and outdoor workplaces by providing access to shade and ample drinking water.
Emergency Action Plan
Cal/OSHA strictly requires employers to have emergency action plans in place. These plans should include standard procedures for reporting emergencies, evacuation routes, and emergency contact information. Regular drills and training should also be held to ensure all workers are prepared for emergencies.
Californian Workers’ Rights On Construction Site Safety
With Orange County’s ongoing initiatives to ramp up urbanization, like Vision 2050, construction sites play a pivotal role in realizing these projects. As more construction sites pop up, so do the hazards these zones pose. These risks are more apparent to construction workers exposed to these dangers almost every day.
In light of this, California has implemented laws and regulations protecting construction site workers’ safety and overall well-being. Employers are required by law to provide construction workers with the following rights:
The Right To A Safe Workplace
Construction workers have the right to a safe workplace, free from hazards that can potentially lead to serious injuries or even death. Employers are responsible for training workers in safe job practices, proper equipment use, hazard identification, reporting, and emergency procedures. Workers must always have access to Cal/OSHA standard safety equipment like hard hats, safety glasses, gloves, and respiratory protection.
If you get injured in a construction accident due to unsafe working conditions, get in touch with our Orange County lawyers. We can assist in investigating the cause of the construction accident and assessing liability.
The Right To Report Safety Violations
Employees have the right to report workplace safety violations without fear of retaliation. They can report hazards to their employer, Cal/OSHA, or union representative. Employers are legally required to provide workers’ compensation. This coverage includes wage replacement and medical treatment for workplace injuries.
In instances where an employer violates safety laws and regulations, a worker can take action against the employer and file a complaint with Cal/OSHA. Workers also have the right to request a safety inspection of construction sites if they suspect their employer is not complying with safety laws. The law prohibits the employer from retaliating against or threatening to fire the worker who filed the complaint.
The evolving dangers at construction sites can be difficult to mitigate. However, following standard safety laws and regulations enforced by the government can significantly lower this risk. If you were injured in a construction accident and you suspect it’s because of the construction company’s disregard for safety laws, you may be entitled to pursue compensation. Call us at (888) 488-1391 for a free initial case review. Our dedicated Orange County personal injury attorneys can investigate whether potential violations were overlooked by the construction company.
Common Types Of Orange County Construction Accidents
Like other areas, construction sites in Orange County are inherently hazardous environments where various accidents can occur. As a construction project progresses, new hazards emerge, and so do new threats of accidents.
Here are some of the most common types of construction accidents our Orange County attorneys can handle for you:
Slip-And-Fall Accidents
Construction workers use ladders, scaffolding, and other elevated structures to work on high surfaces. This exposes them to the dangers of falling from great heights, which is the leading cause of fatal construction site injuries. Slip-and-fall accidents may also happen on the ground level due to uneven surfaces, debris, wet or slippery conditions, and poor housekeeping.
If you’ve been injured in a construction site slip-and-fall incident, consult our Orange County slip-and-fall lawyers. We’ll help you identify the cause of your accident and pursue any compensation you may be entitled to.
Struck-By-Object Incidents
The Centers for Disease Control and Prevention defines struck-by-object accidents as incidents where objects or pieces of equipment forcibly hit a person, leading to injuries or death. It’s the second leading cause of workplace fatalities and the leading cause of nonfatal injuries among construction workers. They may be caused by tools, debris, or materials falling from heights that can strike workers below. Workers getting hit by moving vehicles, such as forklifts, trucks, or heavy machinery, is also a form of struck-by accident.
Injuries from a struck-by accident can be serious, as they are more likely to result in severe physical trauma, lost wages, and long-term disability. Our experienced Orange County construction accident attorneys can connect you with qualified medical professionals to assess the extent of your injuries and provide an estimate of their value, which we can then factor into your claim.
Electrocutions
Workers have to install electrical wiring and work with live wires in construction projects. Accidental contact with overhead or buried power lines during these can lead to injuries like electrical burns, flash burns, and electrical shock. This type of accident may also be due to faulty wiring, improper grounding, or misuse of electrical tools and machinery.
Caught-In/Between
Heavy equipment is usually needed at construction sites. Unfortunately, their presence increases the risks of workers getting caught in moving parts of machinery, such as gears, conveyors, or rollers. Another kind of caught-in accident is when workers get trapped in trenches that collapse due to inadequate shoring or reinforcement. Getting trapped in a partial or complete collapse of structures under construction or demolition is also considered a form of caught-in accident.
Chemical Exposure
In California, chemical exposure is becoming the second leading cause of construction fatalities. In construction sites, prolonged exposure to harmful chemicals such as asbestos, lead, silica dust, or solvents can cause devastating health issues. Inhaling toxic fumes or gases from materials like paints, coatings, or welding operations can also cause major damage to your health.
Fires And Explosions
Combustible construction materials and debris in construction sites can easily catch fire if exposed to live wires or other hazards, like a lit cigarette. Accidents involving these materials or gases can cause electrical fires or catastrophic explosions. This can potentially endanger the lives of everyone in the construction zone and the surrounding vicinity.
Machinery And Equipment Accidents
Malfunctions or improper use of heavy equipment like cranes, bulldozers, and excavators can lead to catastrophic injuries. Incidents involving these types of machinery usually have consequential effects on the surrounding area and typically cause fatal injuries.
What Are The Common Causes Of Construction Accidents In Orange County?
Despite the safety measures imposed on construction zones, the inherent danger of these sites can’t be understated. Here are the most common causes of construction accidents that our Orange County attorneys have encountered:
Lack Of Safety Training
Workers not properly trained in safety protocols and equipment use are more likely to make workplace mistakes that lead to accidents. Specialized training may also be needed for specific tasks that expose them to dangerous conditions. Without them, workers may not be equipped to perform the job safely.
Equipment Failures
Using equipment for purposes not designed for or overloading machinery beyond its capacity can lead to equipment failure. Using faulty machinery can also lead to unexpected accidents and potentially fatal injuries.
Environmental Hazards
Extreme weather, such as rain, wind, or heat, can create hazardous working conditions, especially in the construction industry. Working with poor lighting, cluttered walkways, or slippery terrain can cause accidents.
Chemical Exposure And Lack Of Ventilation
Workers may inhale harmful fumes as a result of improper handling or storage of toxic substances, especially in enclosed spaces without ventilation. Exposure to toxic substances can lead to long-term health complications and even death in excessive amounts.
The effects of chemical exposure can be physically and financially crippling for victims. Long-term health problems, significant medical expenses, and lost income can create multiple challenges for those injured on the job. Our Orange County construction accident lawyers may be able to assist you and your family by connecting you with qualified medical experts who can check for any delayed symptoms of potential health issues. Contact us to learn more.
Poor Safety Management
Lack of proper oversight to ensure safety protocols are followed can lead to potential work hazards being ignored until it’s too late. A workplace that does not prioritize safety can lead to lax attitudes and practices, ultimately increasing the likelihood of accidents.
Inadequate Personal Protective Equipment (PPE)
Employers are required to provide workers with safety equipment such as helmets, gloves, and safety harnesses as safety measures while on the job. Using incorrect or ill-fitting PPE that does not provide adequate protection can further increase the risk of injury from accidents.
OSHA Construction Safety Standards
Construction work is inherently perilous. Workers get hurt on the job for various reasons every day. Injuries sustained in these incidents range from minor scratches to life-threatening gashes. It has become imperative for state and local governments to implement strict regulations to curb the rising number of construction accidents.
Along with the enforced laws, OSHA seeks to ensure the safety of every construction worker in the nation. OSHA inspects approximately 30,000 construction sites annually, including unscheduled visits due to employee safety complaints. Contractors caught violating work safety laws may need to pay a fine ranging anywhere from $14,502 to $145,027 for each violation. OSHA has two primary sets of standards that contractors in the construction industry must follow:
OSHA Construction Safety Standards For Contractors
The Occupational Safety and Health Standards encompass a broad range of regulations to ensure safe and healthy working conditions for employees in different industries, including construction. These cover many safety protocols, such as machine guarding, labeling hazardous materials, and using PPE. During inspections, OSHA enforces compliance with these standards through citations and penalties for violations.
Safety And Health Regulations
The Safety and Health Regulations address unique hazards and ensure safety at construction sites. Standards cover many processes in different phases of a construction project. These include the use of scaffolding, fall protection, excavation, ladders, and power tools.
In general, employers are required to ensure a safe working environment, provide proper employee training, and comply with safety standards to prevent accidents and injuries. If they fail to do so, and you get injured as a result, reach out to our Orange County construction accident attorneys. We may be able to prove that the responsible party failed to meet the standard of care required to prevent the accident.
Common Safety Violations In Construction Zones
OSHA listed the following as some of the most frequently cited safety violations among contractors:
- Fall Protection — OSHA reported the lack of fall protection as the most common contractor violation. Over 5,465 violations were tallied that year. The penalties incurred for these fall protection violations totaled $28.8 million.
- Improper Ladder Use — Most ladder violations stemmed from unsafe ladder use and setup in construction sites. Upon inspection, many were caught using ladders in ways they were not designed for. Over $5.7 million in penalties were recovered from the 2,096 violations.
- Unsafe Scaffolding Use — OSHA requires scaffolding to support four times its own weight before it can be used. In 2021, 1,687 violations were recorded, and the total penalties collected amounted to $2.9 million.
- Fall Protection Training — Fall accidents are among the top causes of fatalities in construction sites. OSHA requires fall protection programs to ensure each employee knows the correct procedures when working at great heights. In 2021, 1,687 violations were recorded for the inability to provide workers with adequate fall protection training, amounting to $2.9 million in penalties.
- Eye and Face Protection — Debris, chemicals, or tools can hit people from nowhere on construction sites. To ensure workers are protected, OSHA requires the use of eye and face protection when working on construction sites. Around 1,494 contractors were penalized for not following this regulation, incurring $4.8 million in penalties.
Common Injuries Sustained In An Orange County Construction Accident
Construction sites require workers to perform high-risk activities such as working at heights, operating heavy machinery, and handling hazardous materials. They are also frequently exposed to dangerous equipment like cranes, forklifts, and power tools, all of which can cause severe injuries and even fatalities if not properly managed.
The risk of structural collapses during demolition, excavation, or building is also a significant hazard in construction. Collapses can trap or crush workers, usually leading to fatalities. These incidents typically happen due to inadequate safety measures or violations of building codes by the contractors.
Our Orange County lawyers have seen construction accident victims sustain the following injuries:
Spinal Cord Injuries
Falls are the leading cause of injury and death in the construction industry. Workers often fall from great heights, particularly from ladders, scaffolding, and roofs. These falls can cause significant trauma to the spinal cord, which may result in partial or complete paralysis, requiring extensive medical treatment and rehabilitation.
Traumatic Brain Injuries (TBIs)
Falls can also lead to traumatic brain injuries (TBIs). These injuries occur when the head is smashed against a hard surface, causing damage to the brain. TBIs can range from mild concussions to severe brain damage, potentially leading to long-term cognitive and physical impairments. Our experienced brain injury attorneys in Orange County can help you pursue compensation for your medical rehabilitation.
Internal Bleeding
The force of an object striking the body or a fall can also lead to internal bleeding. This injury is often not immediately visible but can be extremely dangerous if not promptly diagnosed and treated. Internal bleeding may affect organs and other critical areas of the body, requiring emergency surgery to address the damage.
Electrocution And Electrical Burns
Construction sites often have exposed wiring, electrical equipment, and power lines. Workers can suffer electrical burns, cardiac arrest, and other serious injuries if they accidentally come into contact with electricity. Electrocution can also cause burns and nerve damage.
Electrocution is one of the “Fatal Four” hazards identified by OSHA, accounting for a great number of construction accident fatalities. If you or your loved one is injured in an electrocution accident, we are ready to help. Call our Orange County construction accident lawyers at (888) 488-1391 to get legal guidance. We can assist you in collecting evidence and identifying any hazards on the construction site that may have caused electrocution or electrical burns.
Crushed Limbs And Amputations
Construction sites use machinery and other heavy equipment for daily procedures. Workers are prone to getting their limbs caught in the moving parts of these machines. These incidents often result in crushed limbs, amputation accidents, and other life-threatening injuries.
These injuries have the potential to cause life-altering consequences that permanently debilitate the victim. Getting help from committed construction accident attorneys in Orange County can help you pursue compensation from third parties, such as manufacturers, if defective machinery caused your injuries.
Respiratory Diseases
Workers have to work with various materials, including potentially toxic ones. Exposure to dust, asbestos, silica, and other hazardous materials in construction sites can cause respiratory issues like asthma, chronic obstructive pulmonary disease (COPD), and silicosis. Long-term exposure can potentially lead to lung cancer. In severe cases, this condition may be terminal.
Severe Burns
During demolition jobs, workers have to use explosives to level existing structures. Improper handling of these dangerous objects can lead to various injuries, including burns. Electrical accidents, chemical spills, and fires are also some of the causes of construction-related burn injuries. These injuries range from minor burns to severe third-degree burns, which can require extensive medical treatment and even result in permanent disfigurement.
Our construction accident attorneys in Orange County can represent you in and out of court. Depending on your case’s circumstances, we may proceed to litigation if we cannot negotiate a settlement offer. The lawyers at Arash Law prepare your case to be trial-ready so we can offer dedicated court representation if needed.
How Do We Prove Negligence In An Orange County Construction Accident?
Proving negligence in a construction accident involves demonstrating that a party’s failure to exercise reasonable care led to an injury. To establish negligence, you and your Orange County construction accident attorneys need to demonstrate the four elements below:
Duty Of Care
The first step to establishing negligence is to prove the defendant owed a duty of care to the plaintiff. In your case, employers, contractors, site managers, and equipment manufacturers must ensure a safe working environment. They must also follow safety regulations, properly train employees, and maintain equipment to protect construction site workers and visitors.
Breach Of Duty
Once a duty of care is established, the next step is to prove that the defendant breached this duty. A breach occurs when the defendant fails to act as a reasonably prudent person would under the given circumstances. Examples include failing to follow safety protocols, not providing adequate protective gear, or ignoring hazards pointed out by workers.
Causation
The next step is proving that the breach of duty directly caused the injury. This element can be demonstrated through accident reports, eyewitness testimonies, and safety inspection records.
Damages
Finally, you must prove that you suffered actual damages and losses from the accident. These can include physical injuries, emotional distress, lost wages, and property damage. Medical records, employment records, and personal testimonies are crucial in proving these claims. Our Orange County construction accident lawyers can collect the essential documents and witness testimonies to help prove your damages.
Determining Liability For Orange County Construction Site Accidents
Several parties can be held liable for construction site accidents in Orange County, depending on the circumstances of the accident and the level of involvement.
- General Contractors and Subcontractors — They have a duty to ensure the worksite is safe and that employees are adequately trained in safety protocols. They are also responsible for supervising the site, managing subcontractors, and complying with all safety regulations set by OSHA. If their failure to do one or more of these tasks leads to an accident, they can be held liable.
- Property Owners — They can be liable if they have control over the construction site or fail to warn pedestrians about potential hazards. Their liability depends on their level of project involvement and knowledge of the site’s conditions.
- Manufacturers of Equipment and Materials — If an accident occurs due to equipment malfunction, the manufacturer of those products can be held liable under product liability laws. This includes machinery, tools, safety gear, and construction materials that fail to perform as intended, resulting in the accident.
- Architects and Engineers — If an accident is caused by design flaws or engineering miscalculations, architects and engineers can be held liable. This is due to their responsibility to ensure that their designs comply with safety standards and that the construction can be carried out safely.
- Third Parties — Other parties may also be liable if their actions contribute to an accident. For instance, if a delivery vehicle causes an injury on site, the delivery company could be held responsible for damages.
Our construction accident lawyers in Orange County can help you identify the involved parties’ responsibilities and potential liabilities. Afterward, we may be able to help you file a claim so you can seek compensation from them.
What Is Comparative Negligence, And How Can It Affect My Case?
California is a pure comparative negligence state. Under this system, victims can seek compensation even if they are partially at fault for an accident. The more liability is attributed to you, the less compensation you can pursue. For example, if your settlement totals $100,000 in damages but you are found to be 20% at fault, you may only be able to receive $80,000.
There may be cases where comparative negligence will be used to argue that you should be assigned a larger percentage of fault. Our construction accident lawyers in Orange County can use the findings of our independent investigation to more accurately estimate the role you played in causing an accident and prepare to counter such arguments. We can bolster your case by consulting expert witnesses to further analyze the incident.
What To Do If You Are Injured In A Construction Accident
Being caught in an accident can be disorienting. However, you need to prioritize your safety and preserve evidence for potential claims. For instance, you can:
Make Sure You’re Safe From Danger
Immediately check your surroundings for potential dangers and, if necessary, move to a safe location far from the accident site. After you’re sure you are in a safe spot, check yourself for injuries. Make sure you are safe before doing anything else.
Seek Immediate Medical Attention
Immediately seek medical attention and have yourself checked for any internal injuries. This will also make sure your injuries are well documented for potential personal injury claims.
Report The Accident
If you’re a worker on the construction site, report the accident to your supervisor as soon as possible. This will allow them to document the incident and help you file a workers’ compensation claim. California law requires employers to provide a claim form within one working day after being informed of the accident.
Document The Accident Site
Collect and preserve evidence related to the accident. This includes taking photos of the accident scene, malfunctioning machines, your injuries, and any conditions on the site that contributed to the incident. If there are any eyewitnesses around the time of the accident, get their testimonials.
Keep All Relevant Records
To support your personal injury claim, you must maintain detailed records of all medical treatments, including doctor visits, medications, and therapy sessions. Keep a journal detailing how your injuries affect your daily life, ability to work, and overall emotional well-being.
File A Workers’ Compensation Claim
In California, injured workers are entitled to workers’ compensation benefits in the event of an accident. Fill out the claim form provided by your employer and submit it promptly. By doing so, you can potentially be compensated for the likes of medical expenses, temporary disability benefits, and other related costs arising from the accident.
Consult A Personal Injury Lawyer In Orange County
Discussing your case with experienced construction accident attorneys in Orange County can be beneficial, especially if your injuries are severe, your claim is denied, or there are potential third-party claims. They can assist you in navigating the process of filing a personal injury claim against potential third parties and pursuing the compensation you may be entitled to.
Moreno v. Blue Diamond Materials (settled on 5/6/2021) – settlement in a case involving a client who fell off a ladder and sustained a traumatic brain injury.– TINA ESHGHIEH
What Evidence Do You Need To Support A Construction Accident Claim?
Our Orange County construction accident lawyers can help gather and provide the following evidence, which can help support your claim:
- Official Documents — Get the help of your personal injury lawyer to gather all relevant documents, including safety inspection records, training logs, maintenance records, and accident reports. These documents will help establish the sequence of events and identify the involved parties.
- Photographic Evidence — After the panic subsides at the scene of the accident, take photos of the construction site, your injuries, and any defective equipment. This will act as visual proof of the conditions and hazards that led to the accident.
- Witness Statements — Collect statements from coworkers, supervisors, and other witnesses to the accident. You can use their testimony to support your case.
- Expert Testimony — Construction accident attorneys in Orange County can work with construction safety, engineering, and medical experts. They may be able to establish how a breach of duty caused the accident and help assess the extent of your damages.
An experienced personal injury attorney can help you present relevant evidence to back your claim. Our dedicated Orange County construction accident lawyers can look into the cause of the accident, collect proof, and send a request to preserve the evidence to the relevant parties. Call us at (888) 488-1391 for a free initial consultation.
What Compensation Can Workers Pursue After A Construction Accident In Orange County?
In the event of a construction accident in California, workers can pursue various forms of compensation for their injuries and losses, depending on their eligibility. Here are various types of damages our lawyers may assist you in pursuing after a construction accident in Orange County:
Workers’ Compensation Benefits
Every employer in California is required by law to purchase workers’ compensation insurance. This is to protect the well-being of employees in the event of an accident. The insurance company will pay out the benefits to the injured individual. The workers’ compensation system provides several benefits to injured workers regardless of fault, such as:
- Medical Expenses — This will cover all necessary medical treatments resulting from the injuries sustained in the accident, including doctor visits, surgery, medication, and rehabilitation.
- Temporary Disability Benefits — Payments made to replace lost wages due to the worker’s inability to work temporarily. These benefits usually cover two-thirds of the worker’s average weekly earnings.
- Permanent Disability Benefits — Compensation for workers who suffer permanent and life-altering injuries that affect their ability to earn. The amount depends on the severity of the disability, the worker’s age, occupation, and overall earning capacity.
- Supplemental Job Displacement Benefits — These will pay for retraining or skill enhancement if the worker cannot return to their previous job due to injuries sustained in the accident.
- Death Benefits — Dependents of a worker who dies due to a construction accident will be compensated for expenses and other ongoing financial support owed to the family by the deceased.
Third-Party Liability Claims
In some cases, a third party may be responsible for a construction site accident. This can include subcontractors, equipment manufacturers, or property owners whose indirect participation contributed to or resulted in the incident. Workers can file a personal injury lawsuit against these third parties and seek additional damages they may be entitled to.
Social Security Disability Benefits
If a construction accident results in long-term or permanent disability, the injured worker may be eligible for Social Security Disability Insurance (SSDI) benefits. This will provide monthly payments to eligible workers who have consistently paid into the Social Security system but are now unable to work due to their disability.
Workers injured in construction accidents in Orange County have compensation benefits they can pursue. Consulting with our experienced construction accident attorneys can help you estimate the potential compensation you may pursue through a claim. Call (888) 488-1391 to schedule your free initial consultation.
Types Of Damages Can You Seek After An Orange County Construction Accident?
Depending on their case’s circumstances, injured victims in a construction accident in Orange County can pursue several types of damages. Our accident lawyers can help you seek the following, depending on the circumstances of your case:
- Economic Damages — Intended to compensate for the financial losses directly resulting from the accident. These include all necessary medical treatments, including emergency care, surgeries, hospital stays, medications, rehabilitation, and any future medical expenses related to the injury. They may also cover income lost due to time off work during recovery. Finally, you might be able to pursue compensation for loss of future earning potential caused by permanent injuries or disabilities.
- Non-Economic Damages — These are intended to compensate for the intangible losses suffered by the injured victims. These include compensation for the pain and suffering caused by the injury, including treatments, surgeries, and recovery. You may also be entitled to compensation for psychological impacts such as anxiety and depression.
- Punitive Damages — In exceptional cases involving severe negligence or intentional malice, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.
Our accident lawyers can estimate the worth of your potential compensation that factors in both your economic and non-economic damages. We can also help you learn whether punitive damages may apply in your case.
What Is The Time Limit For Filing A Construction Accident Claim In Orange County?
Generally, it is essential to file a claim within the statute of limitations or two years from the date of the accident. Failing to file a claim within this period may forfeit your right to pursue legal action and seek damages. However, the time limit for filing after a construction accident depends on the type of claim you are pursuing, such as:
- Personal Injury Claims — For personal injury claims resulting from a construction accident, you typically have two years from the accident date to file a lawsuit seeking compensation for injuries. Some exceptions may extend or shorten this deadline, depending on your circumstances.
- Workers’ Compensation Claims — If you are injured while working on a construction site and plan to pursue workers’ compensation benefits, you should report the injury to your employer as soon as possible. After this, a workers’ compensation claim can be filed within one year from the date of the injury.
Our construction accident injury attorneys have experience in guiding injured workers through the process of filing their claims. We can help you comply with the appropriate deadlines and assist you in pursuing any damages you may be entitled to.
Construction Accident Statistics In California
In the latest Fatal Occupational Injuries Report released by the Department of Industrial Relations (DIR) in California, data show that construction-related accidents accounted for the second-highest number of workplace fatalities, with 716 deaths from 2013 to 2022. Fatalities peaked in 2020, with 94 deaths, 37 of which were from slip, trip, and fall accidents in construction zones.
Construction fatalities decreased in 2021, with 79 deaths, 33 of which were from slip, trip, and fall accidents and 24 from exposure to harmful substances. In 2022, construction fatalities remained at 79 deaths, like in the previous year. Unintentional overdose is the fastest-growing cause of workplace fatalities in construction sites, resulting in 19 more deaths in 2022.
Injuries resulting from construction site accidents are typically more serious and can have long-term consequences. If you or someone you cherish was injured in one, seek the help of our dedicated Orange County personal injury lawyers to learn whether you can pursue compensation for your losses.
Frequently Asked Questions About Construction Accidents In Orange County
Can I Sue My Employer For A Construction Accident?
You cannot sue your employer for a construction accident if workers’ compensation in California covers you. However, exceptions exist, such as if your employer had a direct role in the accident, if your employer intentionally caused your injuries, or if you do not have workers’ compensation insurance.
What If A Third Party Caused The Construction Accident?
In construction projects, it is common for multiple parties to be involved. Different parties may be in charge of different phases of the project. Suppose a construction accident was caused by a third party, such as a subcontractor, equipment manufacturer, or another company. Depending on your eligibility for compensation, you might be able to file a personal injury claim against that third party in addition to a workers’ compensation claim. This will aim to help you seek damages that are not covered under workers’ compensation.
Our construction accident attorneys can help you discover if a third party might be liable in your case. Call (888) 488-1391 to schedule your free initial consultation.
What If A Defective Product Caused The Injury?
If your injury was caused by defective equipment or a product on the construction site, you may have a product liability injury claim against the manufacturer, distributor, or retailer of the product. The claim will be based on the type of defects in the design or manufacturing, or a failure to provide adequate warnings or instructions in the fine print.
What If I Were Partially Responsible For My Injuries?
In California, pure comparative negligence is used to determine liability. This means even if you were partially responsible for your injuries, you may still be eligible to seek damages. However, your compensation will be reduced by the percentage of your fault. For example, if you are found to be 30% at fault, the damages you can recover will be reduced by 30%.
If I Am A Pedestrian Injured In A Construction Site, Am I Entitled For Compensation?
If you are someone who has been injured while passing by a construction site, you may also be entitled to compensation. Particularly, non-worker construction accident injuries refer to injuries sustained by individuals not employed on the construction site but affected by the activities inside the zone. This can include pedestrians, visitors, or nearby residents injured by falling debris, construction vehicle accidents, or unsafe site conditions. In these cases, you, as an injured non-worker, can file a personal injury claim against the negligent construction company or contractor.
Is There A Difference Between Workers’ Compensation And A Personal Injury Lawsuit?
Yes, there are significant differences between workers’ compensation and personal injury claims. Workers’ compensation does not cover pain and suffering or punitive damages. In contrast, a personal injury lawsuit compensates for a wider range of damages, including pain and suffering. However, this requires proving that another party’s negligence caused your injuries. In contrast, filing a claim for workers’ comp benefits does not require you to prove liability.
How Long Does It Usually Take For An Orange County Construction Accident Claim To Be Settled?
Like every personal injury case, the time it takes to settle a construction accident claim can vary depending on the complexity of your claim, the severity of the injuries, and whether the case goes to trial. Generally, reaching a settlement or verdict can take a few months to several years.
Our dedicated Orange County construction accident lawyers can help you draft a rough timeline for how long it might take to settle a valid claim, given the details of your accident. Call Arash Law at (888) 488-1391 for a free initial consultation.
Is It Worth Hiring An Injury Lawyer For A Construction Accident?
Yes, hiring an injury lawyer can be beneficial. An experienced construction accident lawyer in Orange County can help you navigate complex legal issues, file claims on time, gather necessary evidence, negotiate with insurance companies, and represent you in court if necessary. All these tasks may be more challenging to accomplish if you are pursuing compensation on your own.
Our Orange County construction accident lawyers offer comprehensive services to injured clients in California. To get a feel of whether these services would be the right fit for your case, feel free to reach out for a free initial consultation to learn more.
What If The Construction Company That Injured Me Is A Well-Known Developer?
If the construction company that injured you is established in the industry, it doesn’t change your rights. You can still file a claim. Large companies may have significant resources to contest claims, so you may wish to seek experienced legal representation to uphold your own interests.
Can Undocumented Workers File A Claim For A Construction Accident?
California law prohibits discrimination based on immigration status in personal injury cases. Courts cannot ask about your immigration status when determining damages and losses in your personal injury case. This means undocumented immigrants have the right to file personal injury claims without fear of retaliation, such as deportation, for exercising their legal rights. However, consulting with a construction accident attorney in Orange County who has experience with both personal injury and immigration law can help you navigate these issues safely.
How Much Do Orange County Construction Accident Attorneys Charge?
The answer to this question typically depends on the complexity of your claim. For instance, you may be charged more if your case has to go to court. However, enlisting the services of a lawyer doesn’t have to be of immediate concern following an accident.
Our Orange County construction accident attorneys work on a contingency fee basis. This means clients do not have to pay anything up front for our services unless they’re awarded a settlement. They might still be responsible for case costs beyond attorney fees.
Our lawyers clarify our fee agreement before taking on a case, helping them avoid any unexpected costs. We are committed to transparency about our fee structure and offer this contingency fee policy to assist victims harmed by negligence, regardless of their financial situation.
Injured? Call The Dedicated Construction Accident Lawyers In Orange County
Construction accidents usually result in catastrophic damage and even life-altering injuries for victims. Medical bills can mount quickly after a construction accident, and legal paperwork can be complicated to manage on your own. Our Orange County construction accident lawyers can guide you through these complexities and help you pursue compensation that may be available to you under California law.
If you or someone you care about was injured in a construction accident in Orange County, our lawyers are ready to review your case, discuss your rights and options, and assess whether you have a valid claim to file.
Our Orange County lawyers also handle Uber accidents, truck accidents, slip-and-fall accidents, semi-truck accidents, pedestrian accidents, mesothelioma cases from asbestos exposure, Lyft accidents, hit-and-run accidents, bus accidents, and bike accidents. Call (888) 488-1391 to schedule your free initial consultation.
We also offer services in neighboring areas, including Los Angeles, San Bernardino, Riverside, San Diego, Ventura, Imperial, Kern, Santa Barbara, Inyo, Mono, Tulare, and Kings.
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