Construction work is a thriving industry in Encinitas, California, and employees generally do not have trouble finding work. However, they face numerous hazards and dangers on the job each day.
If you or a family member is injured on a construction site, you may have more options for compensation than you realize. Petrov Personal Injury Lawyers can help you explore your legal options and will work hard to put as much money into your pocket as possible.
We’ll fight to obtain the money you deserve after being injured on the job. Our attorneys have more than 20 years of experience handling personal injury claims. We have won over $40 million for our clients in jury verdicts and negotiated settlements.
Call Petrov Personal Injury Lawyers at (619) 344-0360 to schedule a free consultation with one of our Encinitas construction accident lawyers.
How Petrov Personal Injury Lawyers Can Help if You’ve Been Injured in a Construction Accident in Encinitas
Work-related injury claims can be complicated, especially for construction accidents. Cases may involve complex workers’ comp claims. The workers’ compensation insurance company won’t make it easy for you to receive benefits or obtain a fair settlement.
Additionally, your case could involve a third-party personal injury claim. While these claims can result in additional compensation for your losses, the cases can be challenging to pursue. At Petrov Personal Injury Lawyers, our legal team has the skills, resources, and experience to handle all claims and matters related to your construction accident.
When you hire our top-rated construction accident lawyers in Encinitas, you can trust we will:
- Investigate your construction accident to determine how it happened
- Explain all legal options for receiving benefits and compensation
- Handle all claims, including your workers’ comp and third-party claims
- Work with the best expert witnesses when necessary
- Document your losses and damages to assess how much your claim is worth
- Defend you from allegations of contributory fault
- Negotiate fair settlements with workers’ comp and their parties
- File lawsuits and prepare your case for trial if necessary
We’ll make your case a top priority from the start if you choose to hire us. Contact our law offices serving Encinitas, CA, today to schedule your free consultation.
California Construction Accidents Are More Common Than People Realize
Construction accidents in California during 2022 resulted in more than 22,000 reported injuries, including 75 fatal construction accidents. The construction industry was the second-deadliest industry in the state that year. Nationwide, the construction industry has a high rate of accidents and fatalities.
What Causes Construction Accidents in Encinitas, CA?
Negligence and carelessness are often factors in construction accidents. However, defective products and intentional acts are also reasons for accidents on construction sites.
Common causes of construction accidents in Encinitas include:
- Lack of fall protection and other safety equipment
- Dangerous and hazardous conditions of premises
- Failing to follow state and federal safety regulations for construction sites
- Negligent hiring practices
- Improperly installed scaffolding
- Failure to communicate effectively
- Negligent property maintenance
- Defective ladders, tools, scaffolding, and equipment
- Failing to maintain tools and equipment in a safe condition
- Inadequate training and supervision
- Using ladders incorrectly
- Mistakes and errors made by other workers and contractors
We’ll investigate your construction accident to identify each factor that contributed to its cause. By doing so, we can pursue claims against all responsible parties, increasing the sources of compensation for your damages.
At Petrov Personal Injury Lawyers, Our Attorneys Handle All Types of Construction Accident Cases
Our Encinitas construction accident lawyers have experience handling many different types of construction accidents. We can help you with claims involving:
- Forklift accidents
- Ladder and scaffolding accidents
- Building collapse
- Falls from heights, ladders, and roofs
- Slip, trip, and fall accidents on construction sites
- Construction fires and explosions
- Truck and vehicle accidents
- Crane accidents
- Caught in and between accidents
- Struck-by accidents
- Welding accidents
- Defective equipment
- Electrocution and electrical accidents
- Exposure to hazardous and toxic chemicals and substances
- Nail gun accidents
- Excavation and trenching accidents
Construction accidents result in catastrophic injuries, including traumatic brain injury, amputations, paralysis, internal organ damage, loss of limbs, and spinal cord injuries. Construction workers can also sustain broken bones, back injuries, soft tissue injuries, and many other types of harm.
If you are injured on a construction site, report the injury immediately to your employer or other party in charge. Seek immediate medical treatment for your injuries and contact our Encinitas construction accident lawyers as soon as possible for guidance.
What Compensation Can You Receive for a Construction Accident in Encinitas, CA?
Construction accident claims generally result in workers’ compensation claims. However, in some situations, an injured worker may also pursue a third-party claim. The damages you receive depend on the type of claim filed.
Workers’ Compensation Benefits for Injured Construction Workers
Construction workers should be covered by workers’ compensation insurance. California law entitles injured workers to certain benefits if they are injured on the job. Workers’ comp benefits include:
- Reasonable and necessary medical treatment
- Temporary disability benefits for loss of income
- Permanent disability benefits for long-term impairments
- Supplemental job displacement benefits if the person cannot return to their former job, but can retain work in another field
- Death benefits for family members who lose a loved one because of a construction accident
Workers’ comp benefits do not pay anything for pain and suffering damages. Furthermore, the amount you receive for wage loss benefits is limited to about two-thirds of your average weekly wages before the accident. Permanent disability benefits are also limited under workers’ compensation laws.
Third-Party Claims for Injured Construction Workers
A third-party claim is a type of personal injury claim. It is against someone who caused your construction accident but is not your employer. Employers cannot be sued unless they intentionally caused an employee’s injuries or failed to provide the required workers’ comp coverage.
You may be able to file a third-party claim in addition to your workers’ comp claim. You may receive compensation for all economic damages, including lost wages, out-of-pocket expenses, and other financial losses.
In addition, you can recover compensation for non-economic damages not available in a worker’s comp case. These damages include emotional distress, physical discomfort, and mental anguish. They also include diminished quality of life, disfigurement, scarring, and permanent impairments.
Examples of third-party claims include car accidents, product liability claims, and premises liability claims. Negligent property owners, contractors, motorists, manufacturers, and other third parties could be liable for your injuries.
You Must Prove Fault for a Third Party Construction Accident Claim
Workers’ compensation is a no-fault system. You can receive compensation without proving your employer or another party was negligent. Likewise, you can receive workers’ comp benefits even if you are partially to blame for causing your injuries.
However, you must prove that another party caused your injuries to win a third-party claim. Most third-party claims are negligence-based personal injury claims. That means you must prove the elements of negligence:
- Duty of Care
- Breach of Duty
- Causation
- Damages
Other types of third-party claims could include intentional torts, strict liability, and vicarious liability. Regardless of the type of claim, you must have sufficient evidence to prove the other party caused your injury to recover damages.
Furthermore, your fault can affect the outcome of a third-party claim. If you are partially to blame, the court could reduce your compensation under California’s contributory fault law. For example, if the jury decides you are 25% to blame for causing your injuries, the court can reduce your compensation by that percentage.
What Is the Deadline for Filing a Construction Accident Claim in Encinitas, CA?
The California statute of limitations sets deadlines for filing lawsuits. The deadline depends on the type of claim being filed. If you do not file a lawsuit before the deadline expires, the court can dismiss your case.
Workers’ compensation claims have specific deadlines. You must notify your employer as soon as possible after a construction accident. Your workers’ compensation claim could be denied if you do not provide notice within 30 days.
The statute of limitations for most third-party personal injury claims is two years from the injury date. However, there are exceptions to the rule. Therefore, it is best to speak with an attorney as soon as possible to avoid losing your right to file a claim in court.
How Much Does It Cost To Hire an Encinitas Construction Accident Attorney?
Our Encinitas personal injury lawyers accept cases on a contingency fee basis. You don’t pay any upfront fees to hire our law firm. Our attorney’s fees are deducted from the amount we recover for your claim. If we do not win money for you, you pay us nothing in attorney’s fees.
Schedule a Free Consultation With Our Encinitas Construction Accident Lawyers
You can have an entire legal team working to protect your rights after a construction accident. At Petrov Personal Injury Lawyers, our legal team uses their considerable experience and skills to obtain results that matter for you and your family. Call us to request a free case review with an Encinitas construction accident attorney.
