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Construction sites are dangerous, and accidents often leave workers or bystanders with serious injuries and unexpected expenses. If you’re dealing with injuries or financial losses after a construction accident, you might wonder if working with a lawyer is necessary.
In many cases, yes, you should hire a construction accident attorney if your injuries are serious or the process becomes difficult to manage on your own. Essentially, you should consider hiring a construction accident attorney if:
- The construction accident caused you severe injuries.
- You don’t fully understand your rights.
- You’re unsure about the full extent of your damages.
- Your claim was denied or delayed without a valid reason.
- You find the legal process confusing or overwhelming.
Construction accidents can leave you in pain, out of work, and buried in medical bills. It’s completely acceptable to handle a case on your own, but you might miss critical details. Our injury attorneys at AK Law can handle these types of claims. Contact us, and we’ll review your situation and explain what your legal options are.
Short Answer: Most people injured in construction accidents should speak with a lawyer as soon as possible. The legal process can be complex, and missing a deadline or piece of evidence can cost you your case. An attorney will help protect your rights and increase your chances of full compensation.
How A Construction Accident Attorney Can Help Your Case
You might be wondering, “Why should I hire a construction accident attorney for my case?” Managing a construction injury claim without legal guidance may lead to costly mistakes. Working with an attorney can be beneficial in so many ways. Hiring qualified lawyers may be invaluable because:
They Understand The Complex Legal Issues In Construction Accidents
Some victims may not understand the laws or options available to them. Construction accident lawyers can assist you in navigating the following:
- Specific Laws That May Apply — Your attorney can check if the accident involved any safety violations of:
- Occupational Safety and Health Administration (OSHA) rules.
- State civil codes or local regulations.
- Legal Avenues for Compensation — Construction accident victims may have different avenues for seeking damages, including:
- Workers’ Compensation — Employees who get injured on the job may qualify for workers’ compensation. This no-fault insurance usually covers medical expenses, lost wages, and disability benefits. Workers’ comp attorneys can explain the process and your rights.
- Personal Injury Claim — In some cases, victims can sue if someone else’s carelessness caused their injury. They can also take legal action if their employer intentionally violates safety rules. Personal injury attorneys can review your case and see if this option makes sense for your situation.
- Identifying Liable Parties — An attorney can investigate your case to find out who is legally responsible. Multiple individuals or companies may share fault for your injuries, including:
- Your Employer — If they broke safety rules on purpose or ignored known dangers.
- Maintenance Company — If a hazard they should have addressed caused the accident.
- Property Owner — If unsafe conditions were present on their property during the accident.
- Machine or Tool Manufacturers — If faulty equipment or tools caused the accident.
- Another Employee — If their careless or unsafe actions led to the accident.
They Know How To Manage Your Construction Accident Case
An attorney can track critical legal deadlines. They help you avoid common mistakes that can slow down your claim. These errors may include the following:
- Using the wrong claim form.
- Failing to report the injury to the employer within 30 days.
- Forgetting to include important medical records when filing a claim.
- Not following up on required medical exams.
- Sending your claim to the wrong office or agency.
One missed deadline, an incorrect document, or a small error could delay your case or get it dismissed. Additionally, time limits for lawsuits are especially critical in this situation.
For example, in California, victims only have two years to file a lawsuit for personal injury. This window is the statute of limitations. It begins from the date of the accident or when you discovered your injury. If you miss this deadline, you may lose the chance to take legal action.
They Know How To Protect You From The Common Pitfalls Of Injury Claims
Managing a construction accident claim on your own comes with several challenges. If you’re not familiar with the process, you may overlook important details or fall into traps that harm your case. Here are some pitfalls an attorney can help you avoid:
- Low Settlement Offers — Without legal experience or negotiation skills, you may end up accepting far less than your claim is worth. An attorney can help you value your claim accurately.
- Weak Evidence & Limited Resources — Strong evidence is essential to prove your case. If your claim lacks supporting proof, it may get denied or undervalued. A lawyer can:
- Hire investigators, medical experts, and accident specialists. Their input can help support your claim.
- Interview co-workers, supervisors, or bystanders who witnessed the accident. These statements may strengthen your case.
- Emotional Decisions — Feelings like anger or fear can lead to choices that hurt your case. A lawyer with construction accident experience can help you stay calm, make smart choices, and look out for your best interests.
They May Have Access To Evidence You Might Not Be Able To Get On Your Own
In certain cases, you may need important proof that is hard to collect on your own. An injury lawyer can ask the court to require people or companies to share key documents.
Below are examples of types of evidence that a lawyer can help you obtain:
- Eyewitness Statements — People who saw the accident can help fill in missing details. These witnesses might include:
- Co-workers, supervisors, or visitors.
- Police officers who came to the scene.
- Paramedics or firefighters who responded.
- Surveillance Footage — Some construction sites have security cameras. A lawyer can assist in requesting and saving this footage before it’s lost or erased.
- Employment Records — These documents show what kind of work you were tasked with doing. They may include:
- A certificate of employment outlining your job responsibilities.
- Safety training certifications.
- Timecards or attendance records.
- Reports or complaints about unsafe conditions.
- Repair & Inspection Logs — These records show whether the company regularly inspected and maintained tools, machines, or work areas. Examples include:
- Equipment repair logs.
- Scaffold and ladder inspections.
- Crane evaluations.
- Vehicle safety reports.
- Excavation safety records.
- Maintenance records.
- Safety & Compliance Documents — Documentation can reveal whether your employer followed safety laws and job site rules. Crucial documents may include:
- Workplace safety policies.
- Safety inspection reports.
- Emergency response plans.
- Safety meeting notes.
- Hazard communication programs.
They Know How To Calculate Your Damages And Explore Available Options For Compensation
Construction accident lawyers can help you understand the full value of your claim. They’ll identify all your losses, whether they fall under workers’ compensation or a personal injury case, and explain the difference between these two.
Damages Under Personal Injury Claim
If your case allows you to file a personal injury claim, these are the damages you may recover:
- Medical Expenses — They cover treatments like hospital visits, emergency care, and surgery. It may also include other care, like physical therapy or chiropractic treatment, if needed for your injury.
- Lost Income — If you missed work due to the accident, you might get money for the wages you lost. If the incident led to catastrophic injuries or permanent disability, you may qualify for damages for lost future income.
- Future Expenses — You may be eligible for compensation for future medical costs for your injury. These can include long-term care, rehabilitation, assistive devices, and continued treatment.
- Non-Economic Damages — Victims also suffer intangible losses due to their injuries. While harder to calculate, they are equally important as other damages. This usually covers the following:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Loss of companionship
Benefits Under Workers’ Compensation
Workers’ compensation covers many losses from a work injury, but it doesn’t pay for everything. For example, it often doesn’t compensate for pain, suffering, or other non-economic losses. Here are the benefits available to construction accident victims under workers’ compensation:
- Medical Care Costs — Workers can receive assistance paying for all the medical care they need to get better. This includes hospital stays, physical therapy, dental work, prescriptions, and other treatments prescribed by a doctor.
- Temporary Disability (TD) — If a worker can’t work within three days after sustaining an injury, they may get temporary payments to cover lost wages. A doctor must confirm that the injury prevents work. Insurance typically won’t pay for the first three days off. They only do this if the worker spends the night in the hospital or is unable to work for more than 14 days.
- Permanent Disability Benefits — If an injury results in a lasting impairment, workers may receive permanent disability benefits. The amount depends on:
- The worker’s age.
- Their work position when they got injured.
- How serious the injury is.
- When the injury happened.
These benefits also consider how the disability affects future earning ability.
- Vocational Rehabilitation — If you can’t go back to your old job, you may get help paying for retraining so you can learn new skills.
- Death Benefits — If someone dies from a work injury, their family can receive death benefits to support them.
In addition to workers’ compensation or personal injury claims, your lawyer may also explore whether you qualify for Social Security Disability (SSDI) or Supplemental Security Income (SSI) Benefits. These programs help workers and their families pay for basic needs if the injury prevents the victim from working for at least 12 months or is terminal.
When Should I Hire A Construction Accident Lawyer?
It is advisable to get support from a construction accident attorney as soon as possible. Hiring a lawyer early can help protect your rights and avoid costly mistakes. Seeking a legal representative can be crucial in these situations:
When You Sustained Severe Injuries From The Construction Site
According to the Bureau of Labor Statistics, construction workers get hurt almost three times more often than workers in other jobs. In 2023, one out of every five worker deaths happened in construction, making it one of the most dangerous jobs in the country.
Below are the most common types of construction accidents:
- Falls — Workers frequently fall from ladders, roofs, or scaffolding. This makes falls the top cause of death and serious injuries in the construction industry.
- Struck by Objects — Tools, equipment, or falling materials can hit workers. This accident can cause head injuries, broken bones, or worse.
- Caught Between Incidents — Workers can become trapped between machinery or inside excavated areas. These accidents often cause serious harm or death.
- Trips and Slips — Wet floors, loose cords, or scattered tools can cause slip-and-fall accidents. Regular maintenance can help prevent injuries, such as spinal cord damage or head trauma.
- Electrocution — Exposed wires, broken tools, or bad wiring can cause shocks and burns. Electrocution accidents may lead to severe injuries or even death.
- Fires and Explosions — These may occur due to flammable materials, wiring issues, or broken machines. Victims may sustain burn injuries and lung damage.
- Demolition Hazards — Tearing down buildings can release dangerous dust and chemicals. Walls or roofs may also fall on unsuspecting individuals without warning.
- Scaffold and Equipment Failures — Workers get hurt when scaffolding or machines break or fall. Poor setup or lack of care often causes these failures.
- Vehicle Accidents — Construction zones often involve large vehicles like dump trucks, loaders, and forklifts. Without proper traffic control, these machines can hit workers or nearby cars.
Aside from the physical pain, you may not realize how much the accident has cost you. A construction accident lawyer can work with experts to estimate long-term losses, including medical care and lost income.
When The Insurance Company Pressures You Or Denies Your Claim
Talk to qualified injury lawyers right away if the insurance company offers a low settlement. If they are delaying or saying no to your claim without a good cause, then that’s another sign to consider getting legal representation. Construction accident lawyers understand your rights and know what to do to protect you. Here’s how they can support you:
- Communicate directly with the insurance company so you don’t have to.
- Respond to unfair settlement offers and negotiate for a more appropriate amount.
- Ensure that you fill out all forms correctly and turn them in on time.
- Use medical records and expert opinions to support your case.
- Watch for delay tactics and take legal steps if necessary.
- Help you understand what your claim is really worth.
- Protect you from saying or signing anything that could hurt your case.
When You Are Not Familiar With The Legal Process Of Filing A Case
After a construction accident, some people don’t know what to do next. A lawyer can guide you through the steps and explain your options. For instance, if you need to file a lawsuit for your construction accident, this is how the process works:
- Identify the Liable Party — Your lawyer will investigate who caused the accident. It could be any third party who ignored safety rules.
- Gather Key Evidence — Take photos of the accident scene, injuries, and equipment. You can also collect medical records, receipts, and witness statements. This documentation forms the foundation of your case.
- Send a Demand Letter — Your lawyer sends a letter to the defendant or their insurance company. This letter informs them you’re filing a lawsuit and explains the accident, your injuries, and the money you seek.
- Negotiate a Settlement — Most cases settle before going to court. Through negotiation, both sides try to agree on fair compensation.
- File a Lawsuit — If settlement negotiations fail, your attorney will file a formal lawsuit in court. This step officially starts the legal process.
- Enter the Discovery Phase — Both sides exchange evidence and interview witnesses, which can help build the case and may lead to further settlement talks.
- Go to Trial — Your case proceeds to court when the parties cannot agree. The court listens to the facts, and the judge or jury determines the compensation you should receive.
Frequently Asked Questions About Hiring Construction Accident Lawyers
If you’ve sustained injuries on a construction site, you probably have many questions about your rights and options. Getting clear answers early on can make a big difference. Below, we answer some of the most common questions we hear from injured workers and their families.
How Much Does It Cost To Hire A Construction Accident Lawyer?
There’s no set amount for legal fees in construction accident cases. The total cost depends on several factors, such as the complexity of your case, the attorney’s fee structure, and how long your claim takes to resolve.
Most construction accident lawyers work on a contingency fee basis. This means you won’t have to pay any upfront legal fees, and your attorney only gets paid if they recover compensation for you. Case-related costs may still apply regardless of the outcome. Your attorney should explain all potential costs during your consultation.
What Should I Do Before Hiring A Construction Accident Attorney?
Here are some things you should do before consulting a lawyer:
- Seek Medical Care Immediately — If you get hurt on a construction site, see a doctor as soon as possible. Here’s why this is important:
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- You can avoid more serious health problems.
- Your medical records can provide a timeline of your injuries that may support your case.
It is important to consider which hospital or doctor you should go to. In California, workers’ compensation usually requires you to see a doctor within your employer’s Medical Provider Network (MPN). If you see a doctor outside the network without permission, it may delay or hurt your claim.
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- Notify Your Employer — Tell your employer about the accident as soon as you can. Be sure to say if you got hurt, even if the injury seems small.
- In California, you must report the injury within 30 days, or you might lose your right to get workers’ compensation.
- After you report it, your employer must give you a Workers’ Compensation Claim Form (called DWC-1) within one workday.
- Fill out your part of the form and give it back to your employer to start your claim.
- Gather Important Evidence — It is best to have crucial documents or proof at hand. This way, your attorney can have details to assess your case. These may include:
- Medical records or billing statements,
- Photos of your visible injuries and/or accident scene, if available.
- Contact information of any possible witnesses.
- Communication records between you and other parties (e.g., employer, insurer, supervisor).
If you were a bystander and got hurt near a construction site, you should still seek medical care and preserve any proof you find. A construction accident lawyer can guide you through the next steps.
What Should I Look For In A Construction Accident Lawyer?
When looking for a construction accident attorney, you should ask about their:
- Experience — Look for a lawyer who has handled construction accident cases similar to yours. Their background in this area can make a big difference in how well they represent you. Hiring a lawyer with courtroom experience is also important, especially if your case goes to trial.
- Track Record — A proven history of success in similar cases highlights the lawyer’s skill in achieving positive results for clients.
- Transparency — A good lawyer keeps you in the loop. They explain your options clearly and discuss any risks in your case. You should have direct contact with your construction accident attorney and regular updates about your case’s progress.
You can also read public reviews of law firms that show up when you search for “construction accident lawyers near me.” This helps you find attorneys who understand the local laws that may apply to your case.
Can Family Members Claim Compensation If A Construction Worker Dies In An Accident?
Yes. The family of a construction worker who dies in a workplace accident can get death benefits through workers’ compensation. These benefits may cover funeral costs, replace lost income, and support the worker’s spouse or children.
In addition to workers’ compensation, the family may have grounds to file a wrongful death lawsuit. This is possible when a third party, such as a subcontractor, equipment manufacturer, or negligent driver, is responsible for the accident. It can help the family recover money for pain, loss of companionship, and future lost earnings. These wrongful death damages aim to address both the financial and personal impact of the loss.
Seek A Reputable California Construction Accident Attorney For Help
Construction sites play a significant role in building homes and roads, but they can also be dangerous. Workers often face serious risks, including falls from heights, heavy machinery incidents, and toxic exposure. These incidents can cause severe injuries that affect not only the workers but also their families.
If you’re thinking, “I need a personal injury lawyer,” you’re not alone. Our construction accident lawyers here at Arash Law understand what you’re going through. We know the laws that apply to your case. We will fight hard to protect your rights and interests. Our team, which also consists of car accident lawyers, believes that anyone deserves justice. We proudly assist undocumented immigrants and have a multilingual staff who can help in the language you’re most comfortable with.
Call (888) 488-1391 or complete our “Do I have a case?” form today to get free accident lawyer advice in an initial consultation. If you can’t come to us, we can come to you anywhere in California.
