San Diego Construction Accident Lawyers
Injured? Don’t Get Mad, Get Justice With Our San Diego Construction Accident Lawyers
If you look to 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 best known for its deep-water harbor, beaches, parks, and mild climate.
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
- Car accidents during equipment or supply deliveries
- Highway construction accidents
- Negligent machines, tools, or debris storage
- 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
Common Causes Of Construction Accidents
- 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 on a construction site. Falls can happen from ladders, scaffolding, and any elevated surface. Sometimes, they can occur from the cranes, forklifts, or other 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 are very 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 usually lead to crushing incidents. OSHA often 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 involve being 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 happen in several ways, including falls, unsecured scaffolding, etc.
- 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 electrocution. A person coming into contact with high voltage can lead to injury or death. OSHA reports that 8.9 percent of fatalities are attributed to electrical accidents.
- Fires – The most common causes of accidents on San Diego construction sites are burns. There is an abundance of fire hazards like uncovered electrical lines. Construction workers are also constantly using flames and flammable objects throughout the day. These materials are necessary to complete job tasks.
Potential Construction Accident Injuries
There are four leading 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:
Caught In Or Between
- 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
Blows To The Head
- Heavy equipment
- Masonry or concrete walls
- Flying objects like materials or tools
- Thermal contact burns
- Electrical burns
- Electric shock from electrical currents
- Arc or flash burns
- Falls from current exposure that results in loss of muscle control
- Compressed gas
- Chemical tanks
- Blasting agents
- Combustible liquids
- Electrical malfunctions
- Liquid petroleum gas
Radiation burns make up 40 percent of all construction site burns. Electrical burns are the second most common burn type. Roofers in construction have the highest risk of burns, usually because of hot tar. Welders also have a high rate of burns. They typically result from welding flash burns that impact the eyes.
- Trench collapses
- Heavy machinery
- Falling objects that pin workers underneath them
- Runover by vehicles
- Run over by large equipment.
Injuries From Heavy Equipment
- 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
Other Types Of Construction Accidents
- 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
Any incidents on construction sites can lead to severe injuries or fatalities. The worst has happened. Workers and families are left broken after these incidents and think they have nowhere to turn. Trust Arash Law’s construction accident lawyers in San Diego to seek a settlement award from the negligent parties.
Compensation You May Recover For A Construction Accident
Injuries may cause severe financial hardship, and that can lead to wanting a quick settlement.
However, the insurance company benefits when you settle fast. San Diego construction accident lawyers will keep fighting until we secure your best financial outcome. When calculating compensation, we will consider the following:
- Current medical expenses – Often the most significant portion of your injury case, these expenses will add up quickly. The worse your injury, the more treatment you need and, therefore, your 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, with decades of experience handling construction accident cases, we consider all medical expenses you will incur.
- Lost income – Often, injuries will 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 lost income now and in the future. Future lost income is challenging to calculate but is essential to your compensation claim.
- Pain and suffering – You can also recover 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.
Factors For A Legitimate Case
Often, when construction site accidents happen, victims are unsure if they have a legal claim. You need 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 must have a liable entity that caused your injuries. The party owed you a duty, breached it, and that led to causing 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 can complicate your recovery efforts.
- 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 must consider is whether the negligent party has the resources to pay for your losses. San Diego construction accident lawyers will review all relevant insurance policies. Some of the parties that construction accident claims usually involve include:
- Construction site owners
- General contractors
- Insurance companies
- Equipment manufacturers and retailers
- Material suppliers
- Tool manufacturers
Every party on the list will likely try to avoid responsibility. If your claim has multiple parties involved, there is a chance they will try to blame each other so they do not have to pay. The negligent party often has an insurance company that will pay for your expenses, and these companies will work diligently to deny your claim. Skilled construction accident lawyers in San Diego can obtain a fair settlement.
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 critical 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 you must protect. There are also workers’ compensation policies that may cover your losses, which require you to report the injury immediately.
- Get medical attention – Another significant step to take is to get medical attention. Go to the doctor immediately. You may need to visit the hospital directly if you suffer a severe injury. When you see a doctor, you must inform them that your injuries happened on a construction site. You should also tell them you were working. They need this information to ensure they file adequate reports for workers’ compensation claims.
- Schedule a consultation with San Diego construction accident lawyers – To protect yourself, you must get an attorney involved quickly. The sooner you get legal representation from Arash Law, led by Arash Khorsandi, Esq., the better your recovery chances. We will review your legal options, whether it is from workers’ compensation or through another source.
Reasons You Should 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, worker’s compensation can be insufficient to cover all your losses. You must cover your financial losses through other resources.
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 can pursue compensation through a personal injury claim.
- Employer’s intentional acts – Employers can be negligent. In worker’s compensation, you don’t have to prove employer negligence. That is the exchange for having workers comp. However, if your employer acted intentionally to cause harm, you can 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 will determine the best route for you to take.
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 two years from your injury date. If you discover your injury later, your timeline begins on the discovery date.
Why Contacting San Diego Construction Accident Lawyers is Best?
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 solid 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 for a fair settlement
- Assessing your case for potential Social Security disability benefits
You can count on our firm’s construction accident lawyers in San Diego to help with every aspect of your construction accident case. We will go to great lengths to get you the compensation you deserve for your construction accident. The goal is to build the strongest case that results in a favorable outcome for our clients. You have enough to handle by focusing on your healing. Let our team deal with the insurance company. Call (888) 488-1391 for a free consultation today.
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, you deserve legal representation. You should speak to San Diego construction accident lawyers from Arash Law during an initial consultation. The following frequently asked questions may apply to your case.
What kinds of negligence happen in construction?
OSHA has various training, oversight, and regulations to protect construction workers. When managers or supervisors fail to follow OSHA regulations, they are negligent. Some of the most 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
Why do insurance adjusters pressure settling?
Are there steps I can take to help my construction accident case in San Diego?
Why is it crucial to speak to San Diego construction accident lawyers immediately?
What are my legal options if a loved one dies?
Many challenges come with losing a loved one. You are facing 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 Today
The San Diego construction accident lawyers from Arash Law, under the guidance of Arash Khorsandi, Esq., have decades of experience handling construction claims and a proven track record of success. If you suffer an on-the-job injury, you need legal representation to pursue the compensation you deserve. We will assess your recovery options, whether it is through a worker’s compensation claim or a personal injury lawsuit.