Costa Mesa Construction Accident Lawyer
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Federal statistics concerning both fatal and nonfatal injury rates within the construction industry serve to reinforce this industry’s notorious reputation as a hazardous way to make a living. The Occupational Safety and Health Administration consistently reports that one out of every five job-related deaths that occur in the U.S. annually occur within the construction industry. This statistic is striking on its own but becomes particularly startling when placed in a broader context. Although 20 percent of U.S. work-related deaths occur within the construction industry, construction workers comprise only six percent of the American labor force.
Thankfully, not all injuries that affect construction workers prove fatal. However, the fact that an injury isn’t fatal doesn’t mean that it shouldn’t be taken seriously. According to federal data, every year just shy of two percent of construction workers suffer injuries that are significant enough that workers are forced to miss time on the job. The non-fatal injury rates among construction workers are more than 70 percent higher than the national average rate of non-fatal injuries among the workforce as a whole. As you can see, if you have been injured while working within the construction industry, you are – by no means – alone. Thankfully, chances are good that you have opportunities for legal and financial recourse available to you at this time.
Trustworthy Representation for Injured Construction Workers
Our firm’s legal team and support staff have earned a reputation for providing high-quality, client-focused representation. Our firm is widely respected throughout Southern California, due in no small part to our experienced, knowledgeable, and tenacious approach to serving our clients’ interests. We make this point not to brag, but to reassure you that should you choose to meet with our firm, you’ll benefit from a trustworthy, time-tested, and respected style of providing legal services to injured workers. We will never “sell” you on any particular plan of action. Our job is to advise and support you and your needs, nothing more, nothing less.
The Construction Culture of Silence
Despite the fact that so many construction workers suffer injuries while engaging in work-related activities, federal surveys indicate that more than a quarter of all construction workers have failed to report at least one work-related injury. There is a sense within the construction industry that because the work itself is inherently dangerous, workers must simply “suck up” the dangers associated with the job. This is a dangerous misconception that needs to be dispelled. Construction workers are afforded equal rights to a safe work environment and to pursue legal remedies in the event of injury as are afforded to workers in every other industry.
Simply because there is a culture of silence within the wider construction industry doesn’t mean that you should refrain from reporting your injuries and pursuing compensation once you’ve suffered
job-related harm. In fact, exercising your own rights may even help you to make your jobsite(s) safer for your coworkers by extension. If you’re entitled to compensation as a result of your injuries, work with our team to claim it. You do society a great service by engaging in necessary, dangerous work. The very least that you deserve is to secure any
rightful compensation to which you and your family are entitled in the wake of sustaining
job-related injuries.
Can I File a Workers’ Compensation Claim?
If you qualify for workers’ compensation coverage, you should absolutely work with our firm to file a workers’ comp claim after sustaining harm while on the job. If you’re unsure of whether you’re eligible for this form of compensation, we can clarify that for you during your free consultation. Chances are good that you’re entitled to these benefits if you’re classified as a part-time or full-time employee at a company that keeps more than a few workers on its payroll. You may also be eligible to file a claim if you have been improperly classified as an independent contractor. In California, it is your worker classification that affects your eligibility to receive workers’ compensation coverage, not whether you are a documented or undocumented worker. These benefits are made available to all eligible employees, regardless of their immigration status.
While you will not be able to file a personal injury claim if the circumstances that led to your injury were completely your fault, you can file for workers’ comp benefits even if you were solely to blame for your harm. Workers’ compensation is known as a “no-fault” system, as there are very few exceptions under which eligible employees aren’t entitled to benefits if they are hurt while engaging in work-related activities. Basically, if you weren’t drunk, high, picking fights, or attempting to defraud the system when you were hurt, you’ll remain entitled to receive benefits regardless of fault.
Can I File a Personal Injury Claim?
Regardless of whether you are eligible or ineligible to file a workers’ compensation claim, you may be able to seek compensation via the
personal injury claims process, provided that certain fundamental legal criteria are met. Essentially, in order for a personal injury claim to be successful, an injured worker must be able to prove that another’s negligent, reckless, or intentionally dangerous conduct served as a substantial factor in the causation of that victim’s injuries. Individuals, corporations, and even government agencies may be named as defendants in a
personal injury claim. If you’re unsure of whether your situation meets these criteria, that’s okay. We can give you our objective assessment regarding the potential strengths and weaknesses of your case when you attend a free consultation with our legal team.
Can I File Both Kinds of Claims?
If you’re covered by workers’ compensation insurance through your employer, you may not sue your employer if you are injured while on the job. However, you can file a personal injury claim if a third party (excluding your employer) contributed to the cause of your injuries through negligent, reckless, or intentionally dangerous conduct. If you were hurt by a dangerous or defective product or piece of equipment, you may not even have to prove that the manufacturer or distributor of the product was negligent when they placed the offending object into the chain of commerce.
How Time-Sensitive Is the Claims Process?
Especially if you are eligible to file a workers’ compensation benefits claim, you’ll want to act as quickly as you can to meet with our legal team. Every injury-related claim filed in California is subject to a “statute of limitations.” Statutes of limitations restrict the period of time during which an injury victim can file a claim. Although you may have one to two years to file a personal injury claim related to your harm, the workers’ compensation claims process is aggressively time-sensitive. Essentially, if you don’t formally report your injuries to your employer within 30 days following your accident (or otherwise injurious circumstances), you may not be able to collect the compensation to which you’re entitled.
Given that you’re recovering from an injury, you may understandably want to wait until you’re feeling physically better and more capable of handling the stresses of the legal process before meeting with our team. Unfortunately, however, if you don’t act quickly, you may forfeit the opportunity to exercise some or all of the options available to you at this time.
When Work-Related Injuries Are Fatal
If you are the surviving loved one of a
construction worker who passed away due to
fatal injuries sustained as a result of job-related activities, please schedule a consultation with our firm to explore your options. If your loved one was eligible for workers’ compensation benefits at the time they were injured, their surviving dependents may qualify to receive workers’ compensation death benefits payments. Additionally, depending on the circumstances surrounding your loved one’s passing, you may have grounds to file a
wrongful death claim. Our team has extensive experience representing the interests of surviving loved ones and it would be our honor to help you understand your rights and options under the law.
Addressing Unsafe Working Conditions
Even the safest construction sites are inherently dangerous, simply because construction work involves hazardous equipment and conditions. However, some construction jobsites and operations are unlawfully safe. If your work conditions are placing you and your coworkers at an unnecessary risk for injury or occupational illness, our firm can help you to – anonymously - alert authorities to your plight.
Employers are required to comply with all federal, state, and local safety laws. However, not all employers treat this obligation seriously. When a jobsite is unreasonably unsafe, one of the most straightforward ways to alert authorities involves filing an anonymous inspection request with the Occupational Health and Safety Administration. OSHA regularly conducts random inspections of workplaces, especially in high-risk industries like construction. As a result, your employer should have no reason to believe that you or any of your coworkers filed an anonymous inspection request. Just like our consultation process, the anonymous inspection request process is confidential.
Contact Our Firm Today for a Free Case Evaluation
If you’ve been harmed while working within the construction industry, it’s important to explore your options with the assistance of our experienced legal team. Due to the industry’s culture of silence concerning injuries and safety challenges, you may be hesitant to speak with a lawyer about seeking compensation in the wake of suffering harm. However, speaking up may not only safeguard your family’s finances against the financial consequences associated with suffering work-related injury, your actions may also help to make your workplace a safer space for all. If you haven’t already scheduled your confidential, risk-free, no-cost consultation with our firm, please call or reach out online to do so now. We look forward to meeting with you.