San Diego Construction Accident Lawyers

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San Diego Construction Accident Lawyers Helping Injury Victims Explore Legal Options
Construction accidents can often lead to severe or permanent injuries or even death. If you’ve been injured in one, you may be able to pursue compensation for your losses. Talk to the San Diego construction accident lawyers at Arash Law to discuss your case. Call us at (888) 488-1391 for a free initial consultation.
If you look at the coast of the Pacific Ocean near the Mexican border in California, you will find the city of San Diego. According to the U.S. Census, it is the eighth most populated city in the country, with a 2020 population size of 1,386,932. This high population also makes San Diego the second-largest city in California. Sitting in San Diego County, the town is known for its deep-water harbor, beaches, parks, and mild climate.
Construction sites are another well-known factor of living in San Diego. As the population grows, more roads and buildings should also spring up. Unfortunately, while construction can help the city evolve, it is also the cause of many accidents and injuries. Hundreds of accidents in construction sites harm workers and bystanders alike.
Multiple parties, including the construction company and equipment manufacturer, can be responsible for construction accidents. Construction companies can be held liable if they fail to inspect the work site properly, comply with safety guidelines, or adequately train their employees. Equipment manufacturers are typically responsible for any defects that can contribute to the accident. Experienced construction accident lawyers in San Diego can thoroughly investigate your case and identify all negligent parties.
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
Types Of Construction Site Accidents
Many types of accidents can occur at the numerous construction sites around San Diego. Our San Diego construction accident lawyers can handle cases involving the following:
- Car accidents during equipment or supply deliveries.
- Highway construction accidents.
- Improper use or storage of machines, tools, or construction debris.
- Falls from high floors, scaffolding, or roofs.
- Falling objects or equipment.
- Machinery accidents involving construction equipment.
- Defective equipment, like saws, drills, or nail guns.
- Electrocutions from wires, voltage boxes, etc.
- Bulldozer or excavator accidents.
- Heavy equipment or materials crushing or pinning victims.
San Diego has seen a number of construction accidents. There have been several incidents where cranes collapsed suddenly. If a crane collapses, there is usually someone’s negligence to blame. As these incidents are often preventable, someone can be held accountable for injuries and losses. San Diego construction accident lawyers work with victims to pursue compensation from the potentially negligent parties.
Common Causes Of Construction Accidents
Some of the common causes of San Diego construction accidents are:
- Falls and Ladder Incidents — Falls are common in many workplaces. According to OSHA, 37 percent of construction fatalities come from falls. While you might not think a fall is a big deal, it can be a significant issue on a construction site. Falls can happen from ladders, scaffolding, and any elevated surface. Sometimes, they can occur from cranes, forklifts, or other types of equipment.
- Falling Objects or Debris — There are a lot of construction materials throughout the site. They must be adequately stored and secured. When they are not, it can lead to them falling on someone. Construction workers can suffer catastrophic injuries or die if materials fall on them.
- Industrial Accident — There are various industrial work sites in San Diego. Accidents can happen during construction, at warehouses, or in machinery plants. These cases can be complex.
- Trench Collapse — Sometimes, a trench is necessary for a construction site to flourish. However, excavation cave-ins are catastrophic. They result in about 100 fatalities annually. Hundreds of construction workers also suffer injuries.
- Machinery Accidents — These accidents often result in crushing incidents. OSHA usually refers to them as “caught-in/between” incidents. They also report that 2.6 percent of construction fatalities happen from these instances. These fatal accidents can involve being hit by heavy objects, tools, and equipment. They may also be crushed by machinery.
- Scaffolding Incidents — The Bureau of Labor Statistics reported 88 deaths from scaffolding incidents in 2001. Conversely, OSHA reports about 4,500 scaffolding accidents annually. Scaffolding accidents can occur in several ways, including falls from collapsing and unsecured scaffolding.
- Forklift Accidents — Operating a forklift requires training and practice. An unlicensed or untrained forklift operator can put themselves and others on the job site in danger. Experienced drivers can also make costly mistakes, resulting in accidents. This equipment is sensitive, and it can roll over.
- Electrocution and Explosions — Wires allow tools to be plugged in and used. They must be secured to avoid causing electrocution. Contact with high voltage can lead to injury or death. OSHA reports that 8.9 percent of fatalities are attributed to electrical accidents.
- Fires — There is an abundance of fire hazards, like uncovered electrical lines. Construction workers also frequently use flames and flammable substances throughout the day. These materials are necessary to complete job tasks.
Construction accidents can happen for many reasons. The above list is not all-inclusive. If you are unsure of who is responsible for causing your accident, consider having your case investigated. San Diego construction accident lawyers can help investigate the cause of your construction accident.
Types Of Construction Accidents
Construction accidents can result in severe injuries or death. Construction sites are busy places with many moving parts. There are dangerous tools, equipment, and different contractors. Some sites will have various crews working at once, which can lead to chaos. However, with so many crews, there are also multiple managers and supervisors to lead these teams. When supervisors fail, they can be responsible for any injuries that happen.
When you experience a construction accident, many injuries can occur. According to OSHA, the following situations commonly cause injuries and fatalities.
Falls
There are four common causes of construction site injuries and deaths. One of those is falls. OSHA reports that out of 1,008 construction deaths in 2020, 351 were from falls. Often falls happen on:
- Roofs
- Ladders
- Trenches
- Scaffolding
Caught-In/Between
This situation is part of the four fatal factors and involves the following:
- Trench cave-ins.
- Crushed by shifting or rolling objects.
- Crushed between trucks for loading docks.
- Getting caught in machinery or equipment.
- Getting stuck between a hydraulic truck bed.
Approximately 275 construction workers were killed over four years. Nearly 67 percent of construction workers died from being crushed by collapsing materials. Over 93 percent of these accidents were the result of equipment issues.
Blows To The Head
According to OSHA, another fatal four is a blow to the head, typically caused by falling objects. Often, these incidents happen when workers are struck by:
- Vehicles
- Heavy equipment
- Masonry or concrete walls
- Falling objects like materials or tools
Construction workers have the highest rate of blow-to-the-head injuries nationwide.
Electrocutions
Another fatal four for construction workers is electrocution. For the latest year, electrocutions killed 166 workers, which equates to three workers dying weekly from electrocution. Many of these incidents are from touching a live wire. Essentially, electrocution can be fatal.
However, electrical shock is another potential injury you may suffer. There were nearly 1,900 construction workers who suffered non-fatal electrical shock injuries. Some of the common electrical hazards on San Diego construction sites include:
- Thermal contact burns
- Electrical burns
- Electric shock from electrical currents
- Arc or flash burns
- Falls resulting from current exposure that lead to loss of muscle control
Fires
Explosions and fires injure over 5,000 construction workers annually. Over 200 are killed in these types of accidents. The underlying causes of these incidents are:
- Compressed gas
- Chemical tanks
- Blasting agents
- Combustible liquids
- Electrical malfunctions
- Liquid petroleum gas
Burns
Over 1.1 million non-fatal burns required emergency room treatment during a nine-year period. Manufacturing, food service, and construction are the main sectors that see burn injuries. There has been a significant decline in burns from various industries except in construction.
Radiation burns make up 40 percent of all construction site burns. Electrical burns are the second most common type of burn. Roofers in the construction industry have the highest risk of burns, typically due to exposure to hot tar. Welders also have a high rate of burns. They usually result from welding flash burns that impact the eyes.
Crushing Incidents
These incidents can be dangerous. Crush injuries can lead to the loss of limbs. A crush injury occurs when there is continuous pressure on a body part. It can also happen due to prolonged muscle pressure. Amputations and other severe complications may be possible. Some complications include tissue necrosis, crushing syndrome, and compartment syndrome. On construction sites, crushing accidents happen from:
- Trench collapses
- Heavy machinery
- Falling objects that pin workers underneath them
- Run over by vehicles
- Run over by large equipment
Injuries From Heavy Equipment
While there are many hazards on San Diego construction sites, heavy machinery is one of the biggest contributors. Injuries may happen when equipment malfunctions. It is also possible when the equipment is defective or not maintained. Training is also crucial in preventing these accidents. Heavy equipment accidents can involve:
- Cranes
- Forklifts
- Excavators
- Road graders
- Front-loaders
- Dump trucks
- Cherry pickers
- Bulldozers
- Compactors
Sometimes, this machinery can cause rollover accidents. Other times, the equipment strikes people as they are backing up.
Traffic Collisions
Many vehicles are entering and leaving construction sites. Sometimes, construction sites are near roadways, another significant risk factor. Work zone collisions can happen from:
- Closed shoulders
- Uneven roadways
- Traffic congestion
- Changes in traffic flow
- Workers on the road
- Workers on the side of the road
- Construction vehicles entering the roadway
California has the fifth-highest rate of fatal construction accidents involving highway construction sites. Nearly 123 workers are killed in road accidents near construction sites. Over 15 years, 1,844 construction workers were killed nationwide in construction accidents.
From 2011 to 2017, 60 percent of workers were killed by vehicles in work zones. The majority of these deaths were the result of passenger vehicles. Other vehicles that cause these accidents are semi-trucks, machinery, and dump trucks.
Scaffolding Accidents
You will see many scaffolds on construction sites. These can present hazards for workers. Annually, scaffolding collapses lead to 60 deaths and 4,500 injuries. About 30 percent of construction workplace deaths involve scaffolding or ladders.
A BLS study reports that a quarter of scaffolding accidents involved workers without safety training. Additionally, 77 percent of scaffolds do not have guardrails. These guardrails are instrumental in preventing falls. Lack of guardrails is also an OSHA violation.
Other Types Of Construction Accidents
Other categories of construction accidents are prevalent as well and include:
- Machine failure
- Crane accidents
- Premises liability
- Open holes without signage, warnings, or fencing
- Wall, roof, or column collapses
- Inadequate supervision
- Inadequate training
Injuries Resulting From Construction Accidents
Examples of traumatic injuries from San Diego construction sites include:
- Traumatic brain injuries
- Broken bones
- Internal injuries
- Burns
- Amputations
- vision loss
- Back and neck injuries
- Paralysis
- Spinal cord injuries
- Hearing damage
- Mobility loss
- Permanent disability
Any incidents on construction sites can lead to severe injuries or fatalities. If the victim dies due to the accident, eligible family members may be able to file a wrongful death claim. Workers and families can seek legal counsel to help them move forward with a claim. Arash Law’s construction accident lawyers in San Diego can assist you in pursuing compensation from the negligent parties.
Compensation You May Seek In A Construction Accident
Severe injuries often equate to significant losses and expensive medical treatments. If you’ve been hurt in a construction accident, you may be able to seek just compensation. Our San Diego construction accident attorneys can assess the extent of your losses and help determine the types of damages you can file a claim for.
We understand that you may want a quick resolution for your case. Injuries may cause severe financial hardship, and that can lead to wanting a quick settlement. However, it may be wise to have an attorney evaluate whether the settlement offer you get reflects your losses. When calculating compensation, we will consider the following:
- Current Medical Expenses — Often, a significant portion of your injury case, these expenses may add up quickly. The worse your injury, the more treatment may be necessary, which can affect medical costs. You may likely have hospital bills, physical therapy, and medication expenses.
- Future Medical Costs — If you suffer a permanent injury or disability, you may require ongoing treatment, future procedures, medications, etc. Insurance companies rarely consider these costs. However, we can help justify the medical expenses you may incur.
- Lost Income — Often, injuries can lead to time off work. You may not even return to work in the same capacity once you reach maximum medical improvement. We must consider your current and future lost income. Future lost income is challenging to calculate, but it can be an essential component of a claim.
- Pain and Suffering — You can also file a claim for non-economic damages. You may incur long-term pain and suffering, though eligibility will vary. Often, these losses will be calculated based on your injury severity.
Every case has different factors and losses to consider. Our construction accident lawyers in San Diego can assess the details of your case and guide you through your possible legal options.
Factors Of A Legitimate Case
Often, when construction site accidents happen, victims may be unsure if they have a legal claim. You have to consider some critical components for a legitimate construction site accident claim in San Diego. These factors include:
- Liability — Liability is the primary way to know if you have a valid claim. You have to identify a liable entity that caused your injuries. The party owed you a duty, breached it, and that led to your injuries. While it sounds simple, there are special rules for construction accidents. OSHA governs many of these rules, especially those concerning safety measures. These rules are typically imposed on the owners and operators of construction machines and worksites. These special requirements may complicate your claim.
- Damages — Another critical element of a legitimate construction injury claim is damages. You may be eligible for past and future medical expenses, depending on circumstances. You can also seek other losses like pain and suffering, lost earning capacity, and income. Surviving family members can pursue wrongful death claims when a person dies in a construction accident.
- Available Compensation Avenues — Another aspect of a construction case you have to consider is whether the negligent party has the resources to pay for your losses. San Diego construction accident lawyers can review all relevant insurance policies. Some of the parties that construction accident claims usually involve include:
- Engineers
- Construction site owners
- Architects
- General contractors
- Insurance companies
- Subcontractors
- Equipment manufacturers & retailers
- Material suppliers
- Tool manufacturers
If your claim has multiple parties involved, there may be disputes regarding liability. The negligent party often has an insurance company that will pay for your expenses. Skilled construction accident lawyers in San Diego can advocate for a fair claims process.
Steps After A Construction Accident In San Diego
It can be confusing and traumatic after a construction site accident. You might not know what to do, but here are some actions to protect yourself. These steps include:
- Inform Your Employer — It is vital to inform your employer about your injury. Do not wait until later to tell them of the incident, as waiting to report can hurt your injury claim. You have legal rights to protect. There are also workers’ compensation policies that may cover your losses, which require you to report the injury immediately.
- Get Medical Attention — Another crucial step is to seek medical attention. Go to the doctor shortly after the accident. You may need to visit the hospital directly if you suffer a severe injury. When you see a doctor, inform them that your injuries happened on a construction site. It may also help to tell them you were working. They may need this information to file adequate reports for workers’ compensation claims.
- Schedule a Consultation With San Diego Construction Accident Lawyers — A quick call to an attorney can help you figure out your next steps. With legal representation, you can have a better understanding of your rights and legal options.
There are other steps you will take after a construction accident. These are just the first ones. Once you retain legal representation, you can get guidance on the additional steps you can take.
Reasons To File A Personal Injury Claim For A Construction Accident
You might have to file a workers’ compensation claim when you suffer a workplace injury. Unfortunately, workers’ compensation may be insufficient to cover all your losses. As such, you may need to consider seeking damages to cover your financial losses through other resources.
Workers’ compensation benefits cover specific expenses and losses. They usually cover primary medical treatment and a percentage of lost income. Sometimes, employers do not carry workers’ compensation insurance, which can complicate your claim.
Sometimes, construction accident cases are classified as personal injury claims. This classification gives injury victims another option for pursuing payment for their losses. You may be able to seek additional compensation through an injury case.
However, only certain situations can trigger a personal injury claim. Some circumstances that may qualify for a personal injury claim include:
- Third Parties — Construction sites are full of different entities. Sometimes, a third party is responsible for your injuries. A typical example is when working on a roadside construction, and a driver is negligent. They hit you, and you suffer injuries. In this instance, you can pursue compensation from the negligent driver.
- Defective Products — Construction workers use various types of machinery and tools. If one machine malfunctions, it can lead to injuries and death. If a defective product is the cause of your injuries, then a product manufacturer can be responsible. This approach can also apply if you are around toxic substances. In either of these situations, you might have a personal injury case.
- Employer’s Intentional Acts — Employers can be negligent. In workers’ compensation, you don’t have to establish employer negligence. That is the exchange for having workers’ comp. However, if your employer acted intentionally to cause harm, you may be able to file a San Diego personal injury claim instead.
A prime example is when the employer assaults you. Another situation is when they intentionally make you work in hazardous conditions. These and other situations can make you eligible to pursue compensation separate from workers’ compensation.
As you can tell, there are various ways that you can file a personal injury claim. When you discuss your construction injury with our San Diego personal injury attorneys, we can help you decide on how to proceed with your case.
Statute Of Limitations For Construction Accidents In California
When your construction accident case qualifies for personal injury actions, you have a limited amount of time. California has a deadline for all personal injury cases. The statute is generally two years from your injury date. If you discover your injury later, your timeline begins on the discovery date. There may be additional exceptions to the time limit, which an injury lawyer can explain in detail.
However, there may be other deadlines you have to consider. Our San Diego construction accident lawyers can handle the legal aspects of your case, prioritizing adherence to deadlines relevant to your case.
Why Consult Our San Diego Construction Accident Lawyers
When a construction worker suffers an injury, they may be able to file a workers’ comp claim and seek financial recompense. However, the process for workers’ compensation can be overwhelming. Legal counsel can be helpful in navigating the complexities of the legal system.
A common pitfall is the possibility that your workers’ compensation claim is delayed or denied. This could happen due to various reasons, including your injury being deemed as pre-existing. It can also be argued that your injuries do not need medical treatment or that they don’t necessitate time off from work. If you suffered a permanent disability, the workers’ compensation process may become more challenging.
A San Diego construction accident lawyer can push for a fair claims process. We can help you seek an accurate disability rating by connecting you with doctors who can assess, treat, and document your injuries. Additionally, we can help you communicate and negotiate with insurers. If a fair settlement isn’t reached, we can also represent your interests in court if it is an appropriate option for your case.
The team can handle various aspects of your claim, including:
- Filing an appeal if your workers’ comp claim is denied.
- Helping to gather medical evidence.
- Helping you with independent medical examinations.
- Building a case to show injury severity using medical evidence.
- Determining your eligibility for a personal injury lawsuit while investigating your claim.
- Negotiating with the insurance company.
- Assessing your case for potential Social Security disability benefits.
Our firm’s construction accident lawyers in San Diego can help with the legal aspects of your case. Our team will work diligently to help you seek the compensation that may be available to you.
Settlement in a motor vehicle accident; client suffered internal injuries.– JUDD ROSS ALLEN
Construction Accident FAQs
Construction zones are hazardous places. Accidents that happen can be catastrophic and life-altering. OSHA reports that one in five fatalities per year occur in construction. When negligence is the cause of your construction accident, legal representation may help. You can discuss the specifics of your case with San Diego construction accident lawyers during an initial consultation. The following frequently asked questions may apply to your case.
What Kinds Of Negligence Happen In Construction?
There are many ways that negligence can be present on a construction site. While accidents can happen within seconds, negligence is complex to determine. Nevertheless, your injuries can be eligible for workers’ comp benefits as a construction worker.
OSHA has various training, oversight, and regulations to protect construction workers. When managers or supervisors fail to follow OSHA regulations, they may be considered negligent. Some of the common OSHA violations include:
- Improper eye or face protection and other improper PPE use.
- Preventable falls from ladders and scaffolding.
- Safety violations while using heavy machinery.
While this list is short, there are many other violations. These are just the most common violations reported to OSHA. Many of these situations can result in severe injuries. Unfortunately, safety hazards can be a death sentence.
Some parties that can be negligent are area supervisors, equipment manufacturers, maintenance crews, and co-workers. A legal team can conduct investigations that can decipher whose failure is to blame.
What To Do When Insurance Adjusters Offer A Quick Settlement?
What should you do if an insurance adjuster offers you a settlement from the outset of your accident? Consider referring them to your construction accident lawyers in San Diego. When you refer the insurer to us, we can assess whether their offer is fair. We can handle negotiations with the insurance company on your behalf.
Insurance adjusters may make a quick settlement offer. However, they may not account for your future expenses. Early in the process, you may be unsure of your medical needs. As you go through your medical treatment, you may notice that your bills are increasing. Therefore, you may have to wait to reach maximum medical improvement before you settle. You may also have to take time off work, which can further impact your financial state.
When you accept a settlement, it must cover the extent of your current and future losses. To assess the potential damages in your case, you may want to speak to our construction accident lawyers in San Diego.
While we are ready to represent your case in a trial, your claim may not need to go that far. Most San Diego construction accident claims are resolved without the need for trial. However, we build every case with the thoroughness required for litigation. So if we must present your claim in court, then we are ready.
Are There Steps I Can Take To Help My Construction Accident Case In San Diego?
While your construction accident attorneys in San Diego will handle your claim, there are ways you can help. Your main priority is to heal. Moreover, you can help by providing a statement about your construction incident. This statement will help your legal team better understand what happened and who might be responsible.
While other personal injury cases often involve a police report, construction accidents rarely do. Your statement can be critical to piecing your case together.
Another way you can help your case is by providing contact information for witnesses, such as co-workers and bystanders. Try to avoid discussing your accident with them. Instead, let your construction lawyer handle all communications about your case. When your legal team reaches out to these parties, they will schedule interviews and depositions to get official statements.
Remember, do not discuss your case with anyone. You may want to talk to your co-workers and friends about the incident. However, the less you say, the better. You can be putting your associates in a complicated situation. They can also be called to make statements in court about everything you share with them.
Site photos are also beneficial to your claim, as are medical records. This evidence can help your case. It will show your damages and help your construction accident attorneys in San Diego craft an adequate approach.
Sometimes, injuries are too severe, and victims can’t help as much as they want. If you cannot gather any information, we will work diligently to search for evidence that helps your case.
Why Is It Crucial To Speak To San Diego Construction Accident Lawyers Immediately?
The claims process can seem never-ending when you handle a case independently. You can be waiting an eternity for a settlement or jury decision. The sooner you start your claim, the better. You also have to consider the statute of limitations that applies to your lawsuit. It may be prudent to let our San Diego construction accident lawyers help you file your case, keeping relevant deadlines in mind.
You generally have two years to file a construction accident claim in California. This deadline may seem far away, but it can pass quickly. If the statute of limitations expires, you have limited options.
Aside from deadlines, consider the validity of your case. Evidence can disappear. Witness memories can fade. You may face additional challenges as more time passes without taking legal action.
What Are My Legal Options If A Loved One Dies?
Surviving families can take legal action if their loved one dies in a construction accident by filing a wrongful death claim. Often, the parties eligible to file claims are spouses, children, and parents.
Many challenges come with losing a loved one. You may face a significant emotional and financial loss. Preparing for a funeral is another challenge you encounter, and you do not need insurance companies trying to haggle with you at the same time. Damages in San Diego wrongful death claims vary from other cases and include:
- Funeral and burial expenses.
- Loss of companionship.
- Lost income and future earnings.
Final medical expenses.
Speak To Experienced San Diego Construction Accident Lawyers
The San Diego construction accident lawyers from Arash Law have years of experience helping clients handle construction claims. If you suffer an on-the-job injury, you may need legal representation to pursue fair compensation. We can assess your legal options for damages, whether it is through a workers’ compensation claim or a personal injury lawsuit.
We have supported clients across the state. Schedule a free initial consultation by calling (888) 488-1391 or completing our online form.
Our San Diego construction accident lawyers also serve neighboring cities, including Coronado, National City, Chula Vista, Lemon Grove, Bonita, La Mesa, Imperial Beach, La Presa, Spring Valley, El Cajon, Rancho San Diego, Santee, Bostonia, and Lakeside.
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