Los Angeles Construction Accident Lawyers
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Our Los Angeles Construction Accident Lawyers Protect Your Interests With Integrity
Construction workers across California risk their safety daily to build the highways and beautiful buildings that we enjoy. Their jobs are among the most dangerous occupations in the state. They deal with many hazardous conditions, including exposure to toxic chemicals, the risk of severe injuries, and death while using heavy machinery, which can potentially cause permanent disability, severe injuries, and even death.
These dangers are also transferred to pedestrians and citizens who are not construction workers. Due to the inherent danger present at a construction site, the rights of workers and others must be protected.
The laws about how injury victims are compensated can be complex. Pursuing compensation from an employer, an insurance company, or a negligent third party can also be challenging. Our Los Angeles construction accident lawyers can use our knowledge, experience, and skill in personal injury law to help you understand your rights and pursue compensation for your injuries and other losses.
$5,890,000
SM v. Doe Defendant (settled on 10/14/2020) – settlement in a case involving a client who sustained a spinal cord injury and mild traumatic brain injury when he fell off a roof. The team at Arash Law secured an additional $610,000 as part of the third party settlement.– TINA ESHGHIEH
The Attorneys At Arash Law Are Here For You
The Los Angeles construction accident lawyers at Arash Law represent and protect construction workers’ rights and have done so for many years. We know that earning money through your work is essential to maintain your lifestyle and care for yourself and your family. If you’re injured at work, you may be entitled to compensation for your medical bills, as well as any current or future lost wages.
Our Los Angeles construction accident lawyers thus aim to help construction workers if they suffer from a sudden work-related injury. If you or a loved one has suffered a construction site injury, we are available to offer legal assistance. We can evaluate your situation, explain your rights, and guide you through the claims process.
Common Causes Of Construction Accidents
Just like any other personal injury case or workplace injury, construction accidents are commonly caused by another’s negligence. When a construction company acts in a way that is unsafe, for example, it may put both employees and non-employees at risk for injury. What follows are common causes of construction site accidents.
Equipment Accidents
Heavy machinery accidents are an inherent risk of working on a construction site. Improper or negligent use of heavy machinery on a construction site can lead to fatal injuries. Examples of heavy equipment used on construction sites include:
- Pile drivers
- Haulers
- Pavers
- Bulldozers
- Excavators
- Graders
- Cranes
Falling Objects And Debris
Construction workers are at risk of being injured because of falling objects and debris. In addition to getting hit by falling objects, construction workers and people passing by can also get hit with moving gear and equipment. These types of accidents can potentially cause brain injuries, which can last for years and, in some cases, may be permanent. Materials and equipment must be secured properly before being used. If they are not, the company may have acted negligently.
Examples of what can fall and cause a construction accident include:
- Tools
- Collapsing scaffolding
- Swinging crane parts
- Crane loads
- Debris
Crush Injuries
Crush injuries occur when a construction worker is pinned between two objects. These injuries can occur when a piece of machinery pins them against a wall or structure. These accidents can result in permanent disfigurement or amputation.
Electrical Accidents
Many construction sites have risks of electrical injuries. Construction workers may accidentally come into contact with a live electrical line.
Fires And Explosions
Fires and explosions can happen on construction sites. Some of them, like demolition areas, intentionally have explosives on site. Construction workers must take care to ensure that they are protected from danger. Companies must also carefully handle explosives meant for demolition. In other cases, construction sites may have additional combustible components like:
- Leaking pipes
- Chemical storage
- Exposed wiring
Respiratory Disease
Because of the dust and dirt on construction sites, some construction workers may develop respiratory illnesses. These can result from prolonged and repetitive exposure to large amounts of dirt and dust.
Structural Collapse
A reality of working on construction sites is that there is a chance of workers getting injured in a collapse. Some construction sites require workers to dig trenches and tunnels or work underground. When construction workers complete projects in these circumstances, they must be protected from the risk of injury. In addition to trenches and tunnels, other types of projects that expose construction workers to the risk of structural collapse injury include:
- Demolition projects where collapse is imminent.
- Extreme weather.
- New buildings may have structural weaknesses.
Negligent Co-Workers And Contractors
In addition to the company’s negligence, injuries from construction accidents can also result from the careless actions of co-workers or contractors. Construction companies might be liable for the actions of negligent co-workers or contractors if the company fails to perform its due diligence before hiring an employee or contractor.
Overexertion
Construction work requires the use of the same muscles or areas of the body. Injuries do not always happen all at once; some injuries are caused by repetitive use. Injuries that are caused by repetitive use may contribute to gradual injuries, which can be difficult to prove. If you suffered a gradual injury from repetitive use, an accident attorney can help you gather evidence and pursue compensation for your injuries.
Motor Vehicle Accidents
Construction companies may have company cars. When drivers get into accidents with company vehicles, the accident victim may be entitled to compensation for their injuries. If you have been in an accident on a construction site, a Los Angeles construction accident attorney can assist you in the claims process. They can help you understand the laws that apply to your case, gather evidence, and handle negotiations with the insurance companies involved.
Construction Company OSHA Violations
Both federal and state regulations are in place to protect construction workers from workplace hazards. The Occupational Safety and Health Administration (OSHA) mandates that construction companies adhere to safety standards designed to prevent injuries. Unfortunately, some employers may not comply with these regulations, which can result in serious injuries and fatalities.
Even with compliance efforts, construction sites remain inherently dangerous. Life-threatening accidents occur each year within the industry. According to OSHA, over 100,000 construction workers are injured on-site annually, and 1,000 construction workers die while on a worksite.
With the nearly constant population growth in California, there has been a similar increase in construction accidents across the state. Often, when a construction accident happens in Los Angeles, employees are at as high a risk for injury as pedestrians and others. The injuries that victims suffer after an accident differ based on the severity of the impact.
Injuries can be minor and temporary, permanent and severe, or another combination. After a construction worker or employee gets hurt on a construction site or because of employer negligence or oversight, the worker may file a lawsuit alleging company negligence. OSHA provides construction workers with the right to sue their employers on the grounds of failing to comply with safety violations.
Largest motorcycle settlement in Tulare County in 2021; client suffered spinal and wrist injuries.– Judd Ross Allen
What Should I Do After A Construction Accident?
Whether you are a construction worker or a person just passing by, there are certain actions that you can take after being in a construction accident in Los Angeles. These can influence both your immediate safety and your future ability to file a personal injury claim.
It is important to be aware of your rights after a construction accident. These, along with any potential sources of compensation, can be determined by whether you were an employee of the construction company or just someone passing by the site. The steps you take after an accident are also determined by your status at the time it occurs.
Next Steps For A Construction Employee
If you are an employee of a construction company and you are hurt on the job, you may file a workers’ compensation claim with your employer. The process begins by contacting your employer’s human resources department, where you can gather the necessary information and forms to initiate your claim. However, navigating this process can be difficult without legal counsel.
For instance, insurance companies might question the severity of your injury or assert that it occurred outside of work hours. Additionally, understanding the intricacies of workers’ compensation laws can be difficult, especially if you’re coping with the aftermath of an injury.
Due to these potential challenges, consulting an experienced construction accident lawyer before signing any documents or making statements can be helpful. A knowledgeable lawyer can explain your rights, assess your injuries, and oversee all case-related communications to help you make more informed decisions about how to move forward.
Next Steps For A Non-Employee
It’s important for anyone injured in a construction accident, whether they are an employee or not, to receive immediate medical care. If you were not an employee of the construction company when the accident occurred, your next steps may differ slightly. After an accident on a construction site, consider speaking to an experienced personal injury attorney. They can uphold your rights and may help you access medical care, even if the provider is different from your primary care physician.
What Are My Rights After A Construction Accident?
Following a construction accident, you may find yourself overwhelmed by the next steps. You may not know what rights you have to compensation or who to seek damages from. There are some things that every accident victim should know after getting into a construction accident.
You Have The Right To File A Lawsuit
If you have suffered an injury in an accident, you may have the right to file a lawsuit. The biggest question that you must answer after getting into a construction site accident is, “Who do I sue?” The person(s) or organization that you sue depends on whether you were an employee or a bystander at the time of the accident.
Workers’ Compensation Benefits
If your employer has workers’ compensation insurance, you may be eligible to file a claim for injuries sustained while performing your job. Workers’ compensation benefits are available to employees when their employer acts negligently, which often occurs if the company fails to adhere to safety protocols. One of the most common forms of negligence in construction is non-compliance with OSHA standards. Some of the most common corporate violations of OSHA standards include:
- Electrical system design flaws.
- Employer’s failure to guard machinery.
- Scaffolding that is not properly maintained.
- Failure to safely maintain awnings.
- Non-compliance with OSHA fall protection equipment requirements.
- Not having respiratory protection on construction sites.
- Not requiring the proper use of ladders on construction sites.
- Maintaining faulty electrical wiring.
If you are a construction worker and have suffered an injury on the job, a Los Angeles construction injury lawyer can assist you in filing for workers’ compensation benefits.
Personal Injury Benefits
Passersby and employees may file a personal injury lawsuit if they are injured in a construction accident. A personal injury is harm to the body, mind, emotions, or finances of the victim caused by the defendant. A personal injury lawsuit is a legal avenue that accident victims may take to pursue compensation for their losses.
When Can A Construction Worker File A Personal Injury Lawsuit?
Since an employee’s injuries are typically covered by workers’ compensation insurance, injured workers do not typically file personal injury lawsuits. However, there are situations where it may be appropriate for an employee to do so in addition to filing a claim for workers’ compensation benefits. An injured construction worker must meet specific requirements. A Los Angeles construction accident attorney can investigate the facts of your case to assess whether you can file a personal injury lawsuit in addition to a workers’ compensation claim.
Examples of when it is appropriate for an employee to file a personal injury lawsuit include:
- You suffered an injury because of the misconduct of a third party.
- You suffered an injury after your employer acted with deliberate negligence or malice.
- Your employer does not carry workers’ compensation insurance.
- You were hurt by a defective product or fell ill after exposure to a toxic substance.
If the above requirements are met, then a construction worker may file a personal injury lawsuit in addition to their workers’ compensation lawsuit. The following are some examples of when the above circumstances are met, and a construction worker may file a personal injury lawsuit.
When A Third Party Is Negligent
A negligent third party that causes your harm may be responsible for your damages, depending on applicable law and the specifics of your case. Not everyone who works on a construction site is an employee of the construction company. Some workers are independent contractors, not employed directly by the construction company. One of these workers may be the cause of your injury. In that case, you may file a personal injury lawsuit against the individual and the employment agency that placed the employee on the site.
Road Work Zone Accidents
Negligently maintained roads and careless drivers can contribute to accidents involving construction workers. When construction activities take place on main roads, these workers are exposed to various hazards, including distracted drivers, aggressive driving, speeding, fatigue, and drivers operating under the influence of drugs or alcohol. Furthermore, poorly maintained roads can significantly increase the risks faced by construction workers.
If a construction worker is injured due to negligent road maintenance or reckless driving, they may have a right to pursue a personal injury lawsuit in addition to filing for workers’ compensation.
Defective Equipment
Defective equipment can cause an injury to a construction worker. Each manufacturer is responsible for the products that they place in the marketplace. When equipment is defectively designed, produced, or inadequately maintained, it can result in severe or even permanent injuries to workers on the job site.
If you have sustained an injury in a construction accident due to defective equipment, a Los Angeles construction accident attorney can help you learn whether you can pursue compensation by filing a product liability claim.
What Are Some Common Types Of Injuries At Construction Sites?
Although every case is unique, because of the nature of construction sites, there are some common injuries that are seen in construction accidents. Common construction accident injuries include:
- Post-traumatic stress disorder.
- Cuts and lacerations.
- Burns.
- Broken bones.
- Amputation.
- Injury to the eyes or ears.
- Hearing loss and loss of eyesight.
- Joint injury.
- Respiratory damage.
- Head trauma and brain injury, including a traumatic brain injury (TBI).
- Spinal cord injury.
- Paralysis.
- Death.
Here are some hazards of the job that can cause these injuries:
Transportation Accidents
Transportation accidents occur annually throughout Los Angeles, with incidents on construction sites being one of the primary contributors to construction-related injuries. These accidents can take various forms, including workers being pinned against vehicles, struck by passing traffic, or involved in motor vehicle collisions while performing their job duties.
Such accidents often arise when construction companies fail to adequately warn workers and pedestrians of the potential dangers in the area. Other steps that a construction company must take to avoid transportation accidents on construction sites include:
Flagging Crew Members At Construction Sites
Construction companies must train their employees and independent repair contractors. If they fail to do so, they may be found liable for the harm that negligent employees cause.
Proper Lighting On Work Sites
An improperly lit construction site may cause avoidable injuries to construction workers and pedestrians. If the company fails to maintain proper lighting, it may be liable for any injuries that the worker sustains while doing their job.
Place Barriers Around The Work Site
There must be proper barriers to keep pedestrians away from the site. The likes of water barriers, crash cushions, sandbags, metal fences, security gates, or concrete barriers can potentially save the lives of those traveling around construction sites.
Place The Proper Warning Information Around The Area
It is mandatory for the construction companies to maintain standard warning signs for all possible dangers. These must be visible and easily understandable to help prevent people from getting injured in accidents.
Ear And Eardrum Damage
Damage to the ears and the eardrums is common among construction workers. There is a correlation between the constant loud noises of a construction site and hearing loss. OSHA has recommended limits for noise levels and exposure. OSHA recommends that construction and demolition sites keep noise levels below 85 dBA during an eight-hour shift. Noise levels that reach higher than these levels put construction workers at risk for hearing damage and loss.
Due to the gradual nature of hearing loss, construction workers may not know that they have suffered hearing loss. Signs of hearing damage include:
- Constant ringing in the ear.
- Having difficulty hearing people on the phone.
- Having a hard time hearing alarms, bells, or phone calls.
- Difficulty hearing people when having a conversation.
- Frequently asking people to repeat themselves.
- Having a hard time deciphering different voices when speaking in a group.
Hearing loss is either gradual or acute. It may be caused by a one-time exposure to very loud noise or prolonged time in a very noisy environment. A construction worker is at risk for hearing loss because a construction site is, by its nature, very loud. OSHA thus requires that workers receive protection for their ears to avoid hearing loss. Failure by a company to provide the necessary safety equipment may imply negligence.
Site Falls
Slip-and-fall accidents on construction sites are a serious concern, often leading to significant injuries. Construction work frequently involves operating at heights, which inherently increases the risk of such accidents. Roofers, in particular, are among the workers most susceptible to injuries resulting from slips and falls while on the job.
OSHA also has requirements for construction sites regarding heights. Companies are required to give workers fall protection to eliminate the risk of major injury that comes after a fall on a construction site. Construction companies must also provide fall protection equipment any time workers are at great heights or operating heavy machinery.
In the absence of appropriate fall safety measures, a construction company may be held liable for negligence. Injured workers will likely have the legal right to pursue claims for damages resulting from workplace accidents attributed to inadequate safety practices.
Common fall injuries on construction and demolition sites include:
- Broken limbs.
- Spinal cord injury.
- Traumatic brain injury.
- Severe neck injuries.
- Facial bruising and disfigurement.
- Exposure to toxic fumes.
Scaffolding Accidents
A scaffold is a temporary platform that is used to allow construction workers to work on skyscrapers across Los Angeles. Unfortunately, injuries related to scaffolding incidents commonly occur, highlighting the importance of strict safety measures and protocols to protect workers on construction sites. Some common causes of scaffolding accidents include:
- Improper installation of scaffolding.
- Improper safety instructions.
- Inexperienced workers.
- Defective manufacturing parts.
- Improper construction of scaffolding.
In addition to the above common construction accidents, common causes of construction site accidents include:
- Defective ladders or misuse of a ladder or a stepladder.
- Construction site fires and explosions.
- Worksite debris.
Who Is Responsible For Construction Accidents?
Liability refers to a legal responsibility carried by an employer to protect their employees from injury while the latter performs their duties. Liability is recognized and enforced by the financial obligation to pay for damages caused. After a construction accident happens, there may be many parties that can be held liable. In construction accidents, potential defendants may include:
- Product manufacturers.
- Property owners.
- Construction company or employer.
- Negligent third parties.
Sources Of Compensation In Construction Accident Claims
Depending on the defendant, the source of compensation for construction accident victims is different. For example, if you sustain injuries while on the job, you typically have the option to file a workers’ compensation claim. However, if you are not an employee but are injured on a construction site, you may pursue a personal injury claim instead. In certain circumstances, workers can also seek a personal injury claim alongside their workers’ compensation.
Injuries Caused By A Third Party
If an employee suffers injuries that were caused by someone or some entity other than the employer, the employee may file a personal injury claim against the third party in addition to their workers’ compensation claim. Workers’ compensation insurance generally does not cover intangible damages, like pain and suffering. However, you may be able to pursue compensation for pain and suffering through a personal injury case.
Injury cases can be complicated, and often it is difficult to identify the responsible individuals or entities. Experienced Los Angeles construction accident lawyers can help investigate your accident to see who the at-fault parties may be.
How Can Los Angeles Construction Accident Lawyers Help Me?
A construction accident lawyer can assist injured victims by helping them understand their rights and options for pursuing compensation for medical expenses, lost wages, and pain and suffering. With their knowledge and experience, construction lawyers can investigate the accident, gather evidence, and identify potentially liable parties.
At Arash Law, our Los Angeles construction accident lawyers are dedicated to providing comprehensive services to our clients, helping them pursue accountability and seek damages. Here’s what we aim to do for our clients:
- First, we provide legal representation. Our team can answer your questions and offer guidance every step of the process.
- Building a strong case may require the testimony of an expert witness. We can work alongside other qualified professionals to demonstrate how your injuries are related to the accident. This collaboration may involve experts in various fields, including defect analysis, construction equipment, structural engineering, civil engineering, mechanical engineering, and medicine.
- If out-of-court settlements cannot be achieved, our skilled Los Angeles personal injury lawyers are prepared to present your case before a judge and advocate for your rights.
- Our firm handles a wide range of personal injury cases across California, including construction site accidents. Our attorneys are knowledgeable about construction laws and regulations, which allows them to provide guidance to clients in navigating the complexities of their cases. We are committed to helping those affected by these incidents receive the legal assistance they need.
Frequently Asked Questions
How Can An Injury Sustained At A Construction Accident Affect My Life?
A construction accident can alter your life in different ways, depending on the extent of your losses. For example, the physical injuries that you sustain if you are in a construction accident can incapacitate you and keep you from working and enjoying your life. You may lose time at your current job, resulting in the loss of the ability to care for yourself and your family financially. You may also lose your ability to perform bodily functions like walking or cleaning yourself.
If you have suffered an injury in a construction accident, speaking to a construction accident lawyer can help you understand your rights and the possible avenues for seeking damages. The compensation you pursue may be able to cover treatment costs and future needs.
How Will I Know If My Employer Has Insurance?
In California, employers are legally required to carry workers’ compensation insurance. However, compliance with this regulation may vary among companies. To determine whether your employer maintains the necessary workers’ compensation coverage, it is advisable to consult with a representative from the human resources department.
If you discover that your employer does not have this insurance, it may be beneficial to seek legal guidance to understand your options and pursue the care you need.
Do Many People Die From Construction Accidents?
Yes. Construction sites, especially in California, can be quite dangerous, and many fatalities occur each year due to accidents. Falls are particularly prevalent, accounting for one-third of all construction-related deaths in California. Beyond fatalities, these accidents often lead to severe injuries such as neurological damage, broken bones, and amputations, which can have lifelong consequences for the injured. The tragic loss of a loved one in a construction accident can similarly impact the lives of surviving relatives.
If you have lost a loved one in a construction accident, consider seeking the guidance of experienced Los Angeles construction accident attorneys. They can help you understand whether you’re eligible to file a wrongful death claim and what damages you may be able to pursue, such as medical expenses, funeral costs, lost income, and emotional suffering.
What Happens During An Initial Consultation?
During your first meeting with an attorney, you will discuss the circumstances surrounding your injury, which will help lay the groundwork for the attorney’s subsequent investigation. Key areas of focus during this consultation may include:
- How You Got Hurt — The attorney will inquire about the specifics of how you were injured. This includes the timing of the accident, the individuals involved, your role in the situation (such as whether you were an employee), and other relevant factors. This information can be helpful for identifying all potentially liable parties.
- If a Defective Product Caused Your Injury — In some cases, an accident happens because of a defective product. On construction sites, there are many possibilities for defective parts. For example, a scaffold that was made improperly can cause a fall injury at a construction site. In that case, a third party may share liability with the company.
- Practical Considerations — The attorney will also ask practical questions, like whether your employer had workers’ compensation insurance at the time that you were hurt. Additionally, they may inquire whether any actions by your employer contributed to the accident, including any negligent behaviors.
Contact Our Firm’s Los Angeles Construction Accident Attorneys
Following a construction accident, the steps you take can significantly impact your access to healthcare and your legal rights. Enlisting the assistance of an experienced attorney may help you face challenges from the insurance companies, defense attorneys, or corporate entities you’re likely to communicate with during the claims process.
Our California construction accidents law firm is dedicated to offering knowledgeable support to individuals injured in construction accidents across the state. We are committed to advocating for your rights, whether at the negotiation table or in court. We can handle the legal matters of your situation so you can focus on your recovery.
If you have been injured in a construction accident, call us at (888) 488-1391 to schedule a free initial consultation.
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