If you or a loved one were injured on a construction site in Oceanside, CA, Petrov Personal Injury Lawyers is here to protect your right to compensation. We’ll fight to pursue full compensation under California’s workers’ compensation and personal injury laws. With an experienced Oceanside construction accident lawyer by your side, you can rest assured that you’re getting the full compensation you deserve.
Our lawyers have over 20 years of experience under our belts. Since we opened our doors, we’ve recovered over $40 million in settlements and verdicts.
Insurance companies rarely make it easy for injury victims to recover fair compensation. Workers’ comp insurance is no different. Contact our law offices in Oceanside, California, at (619) 344-0360 to schedule a free consultation and learn how a lawyer can help.
Why Should I Turn to Petrov Personal Injury Lawyers for Help After a Construction Accident in Oceanside?
Cases involving work-related injuries can be complex. If you make even one mistake in your paperwork, your workers’ comp claim could be denied entirely. Doctors and your employer may already be pushing you to get back to work.
An experienced Oceanside personal injury attorney can protect you from unfair tactics and ensure you’re getting the full amount you deserve.
When you choose Petrov Personal Injury Lawyers, you’ll have a respected team to:
- Handle the investigation into your accident
- Determine the who, what, and why of your case
- Work with leading experts who can strengthen your claim
- Document your losses and calculate the value of your injury claim
- Evaluate your rights under California personal injury laws
- Protect you if you’re blamed for your own injuries
- Handle the paperwork and legal details while you recover
- Negotiate with the insurance companies for a full settlement
- Represent you in any hearings
- Fight to protect you in the courtroom if that’s in your best interest
Our Oceanside personal injury lawyers know what you’re up against. We handle cases like yours on a daily basis–and we’re known for winning. To discuss your case in detail, just give us a call today.
How Common Are Construction Accidents in California?
In 2022 alone, at least 22,300 construction accident injuries were reported across the State of California. There were 75 fatal construction injuries during 2022. Those deadly accidents made construction the second-deadliest industry in California for 2022.
What Types of Damages Are Available to Construction Accident Victims in California?
Construction accident victims have two possible options for recovering compensation after an injury: workers’ compensation and personal injury lawsuits. The types of damages you recover will depend on the laws that apply in your case.
Workers’ Compensation Benefits in California
All injured construction workers are entitled to claim workers’ compensation benefits under California law. Your workers’ comp benefits will cover all reasonable and necessary medical expenses.
Depending on the nature of your disability, you may also receive the following types of benefits:
- Temporary disability benefits if you’re totally unable to work during your recovery
- Permanent disability benefits if you remain unable to work even once you’ve reached maximum medical improvement
- Supplemental job displacement benefits if you cannot return to your former employment, but can be retrained to enter a new field
Death benefits are also available for the families of construction workers who die in fatal work-related accidents.
Damages Available in a Personal Injury Claim
Workers’ comp provides compensation to cover some of the financial losses you’ve suffered due to your injuries. If you’re eligible to file a personal injury lawsuit, you can seek compensation for your non-financial losses, as well.
You generally can’t file a personal injury lawsuit against your employer (though there are rare exceptions). However, if you were hurt because of a third party’s actions, you have the right to seek damages under California personal injury laws. For example, if you were injured in a motor vehicle accident while on the job, you can still sue the at-fault driver for damages.
Additional at-fault parties might include:
- A negligent property owner
- Manufacturers of defective work equipment
- A third-party company that incorrectly installed scaffolding
- General contractors
Depending on the types of damages you’ve suffered, your compensation award may include:
- Past and future medical expenses
- Lost wages
- Reduced earning potential
- Physical therapy
- Rehabilitation
- Property damage
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Embarrassment
- Depression
- PTSD
- Physical disfigurement and scarring
- Loss of consortium
In rare cases, you may be entitled to punitive damages if the defendant acted intentionally or with extreme disregard for your safety.
What Is My Oceanside Construction Accident Case Worth?
The value of your case depends on many different factors. Generally, injured workers who can file personal injury lawsuits tend to receive more in overall compensation. That’s because you can pursue compensation for 100% of your economic damages in addition to your non-financial losses.
Your workers’ comp claim will be based on:
- Your average wages prior to the disability
- The duration of your recovery
- Your medical treatment costs
- Whether your injuries are temporary or permanent
- Whether you can work in a limited capacity and earn some income while you recover
Temporary disability benefits will cover about two-thirds of your wages while you recover. However, your disability check is subject to a statewide cap that limits the amount of workers’ comp you can receive regardless of your earnings history.
How Much Does It Cost To Hire a Lawyer to Handle My Construction Case in Oceanside?
Money can be tight when an injury is preventing you from working. At Petrov Personal Injury Lawyers, our fees are contingent on the outcome of your case. Under this contingency fee model, you won’t pay anything upfront.
Once we resolve your case, you’ll pay a percentage of your settlement or verdict. If we don’t obtain compensation for you, you’ll owe us nothing in attorney’s fees.
Can I Recover Damages if I’m Being Blamed for a Construction Accident in California?
You can receive workers’ compensation benefits even if you were completely responsible for the construction accident.
California’s pure comparative negligence law is only relevant in personal injury cases. If you share some fault, your compensation will be reduced by your share of fault. You won’t lose your right to damages in a personal injury case unless you were 100% responsible.
We’ll Fight To Recover Compensation for All of Your Construction Accident Injuries
Construction can be an extremely dangerous industry, even when you take proper precautions.
Many injured construction workers suffer from:
- Broken bones
- Nerve injuries
- Whiplash injuries
- Soft tissue damage
- Hearing damage
- Traumatic brain injuries
- Spinal cord injuries
- Chest injuries
- Concussions
- Eye and facial injuries
- Back injuries
- Organ damage
- Burns
- Amputations
- Paralysis
- Catastrophic injuries
Construction accidents always have the potential to be catastrophic or fatal. If you lost a loved one, we can help you pursue compensation for wrongful death.
What Causes Most Construction Accidents in Oceanside, CA?
Some of the most common causes of construction site accidents include:
- Failure to follow state and federal safety regulations
- Dangerous premises
- Improperly installed scaffolding
- Negligent property maintenance
- Missing or damaged safety equipment
- Lack of fall protection
- Defective scaffolding, work equipment, or tools
- Failure to properly train and supervise employees
- Negligent hiring practices
- Failure to communicate
- Failure to maintain work equipment and tools in safe condition
At Petrov Personal Injury Lawyers, our Oceanside construction accident attorneys handle all types of cases, including those involving:
- Scaffolding accidents
- Falls from roofs, ladders, and heights
- Crane accidents
- Forklift accidents
- Slip and fall accidents
- Building collapses
- Fires or explosions
- Electric shock
- Electrocution
- Car accidents
- Trucking accidents
- Defective equipment
- Nail gun accidents
- Trenching or excavation accidents
- Exposure to toxic chemicals and substances
- Welding accidents
Understanding why your accident happened is key to recovering the maximum compensation available. Our lawyers will carefully evaluate the facts and launch our own investigation to find out why you were injured. That way, we can hold all responsible parties accountable.
Why Are Negligence Theories Relevant to My Construction Accident Case?
While all injured construction workers in California are entitled to workers’ comp benefits without proof of fault, you’ll have to prove liability to seek additional damages. Most of the time, that means proving negligence.
Negligence requires proof of:
- The defendant’s legal duty of care
- Breach of duty
- Causation
- Damages
There are many different types of evidence that can be used to prove negligence, such as medical records, expert analysis, and more. Our lawyers will evaluate any available evidence and build the strong claim for compensation that you deserve. Just call our law firm in Oceanside to arrange a free case review today.
How Long Do I Have To File a Claim for Compensation After a Construction Accident in California?
Notify your employer as soon as possible after a construction accident injury. If you don’t provide notice within 30 days, you could lose your right to workers’ comp benefits.
A two-year statute of limitations applies in personal injury cases. If you don’t file a lawsuit within two years of the injury, you simply forfeit your right to seek compensation.
Contact our law offices as soon as you can to determine the time limit for your specific case, as there are exceptions for some circumstances.
Contact an Experienced Oceanside Construction Accident Lawyer for a Free Consultation
Questions about your legal options after a construction accident in Oceanside? Our attorneys at Petrov Personal Injury Lawyers are ready with answers. Just call to schedule your free initial consultation with an Oceanside construction accident lawyer today.
