Written by The Barnes Firm, reviewed by Richard Barnes
Rich Barnes
President
When you trust us with your construction accident claim, you want us to guide you toward the fair compensation you deserve. We have the resources to help you achieve positive results. Here is why you should trust us with your claim:
Construction sites are known for safety control measures such as traffic control cones, reflective safety gear, and brightly-colored road signs. Unfortunately, these zones continue to pose a danger to workers. In San Diego, 48,854 injury case reports were submitted to the Workers’ Compensation Information System (WCIS). This indicates a high number of injury cases, and the construction industry leads by a significant margin.
If you are injured at a construction site in San Diego, The Barnes Firm can help you seek proper compensation. We will use our resources to help you seek recovery for your damages, including going outside the workers’ compensation system.
Determining the value of a construction accident claim can be complex, as it depends on various factors specific to your case. These factors may include the extent of your injuries, the impact on your ability to work and earn a living, the long-term consequences of the accident, and the negligence of the other parties involved.
- $ 24,000,000.00 Settlement Amount for a Construction Accident: Injured while repairing construction equipment.
- $ 7,800,000.00 Settlement Amount for a Construction Accident: Struck by vehicle at construction site.
- $ 5,575,000.00 Settlement Amount for a Construction Accident: Site slip and fall accident.
- $ 4,075,000.00 Settlement Amount for a Construction Accident: Construction Accident
- $ 3,000,000.00 Settlement Amount for a Construction Accident: Fall From Roof
- $ 2,500,000.00 Settlement Amount for a Construction Accident: Fall From Elevated Height
- $ 2,500,000.00 Settlement Amount for a Construction Accident: Injured by Exploding Pipe at Job Site
To accurately assess the value of your claim, it is best to consult with one of our San Diego Construction Accident Lawyers at The Barnes Firm who can thoroughly evaluate your case. They will consider all relevant factors and help you pursue the maximum compensation you deserve. Each case is unique, and past results do not guarantee or predict future outcomes. Disclaimer: Settlement amounts can vary based on individual circumstances and legal factors.
The steps that you take immediately after a construction accident may significantly impact the outcome of your claim. Here is what to do after sustaining injuries:
You’re supposed to inform your employer in writing about your construction accident within 30 days of the incident. This notification initiates the workers’ compensation process. However, there are exceptions to this timeframe, especially for occupational illnesses and injuries that develop over time.
After a construction accident, make sure to get medical attention immediately. This will help address injuries effectively and also establish a record of the incident.
It’s important to understand that the opposing counsel will be looking for gaps in your medication to challenge your claim.
For example, if you didn’t seek immediate treatment after the accident, they may argue that your injuries weren’t severe enough to require treatment. This may lower your potential settlement or lead to total denial of your claim. Therefore, immediate medical treatment, as well as adhering to the prescribed medical visits, can strengthen the legitimacy of your claim.
Another important step after a construction accident is to document the details of the accident clearly. This includes gathering witness statements, taking photographs of the accident scene, and noting the contributing factors. Your attorney will use the detailed documentation to enhance the strength of your case.
It is highly recommended that you consult with a construction accident lawyer in San Diego to help handle your case professionally. An attorney guides you through the legal process to ensure that nobody infringes on your rights.
When filing a construction injury claim in San Diego, you must be aware of specific deadlines that apply to your case.
Firstly, notify your employer within the stipulated 30-day period, especially considering the exceptions for inquiries that may show up later after the incident.
Also, understand the timelines for filing claims. In San Diego, you have one year to file workers’ compensation claims. However, personal injury cases and wrongful death claims that arise from third parties have a two-year statute of limitations. Your lawyer will ensure that all deadlines are met so that you don’t forfeit your right to recovery.
Workers in the construction industry in San Diego may face various hazards. This is simply because construction accidents occur due to a combination of factors. Here are common construction accidents that workers may encounter:
Due to the nature of the accident and the type of the work, construction workers report several types of injuries. The medical evaluation will reveal the type of injury sustained and its severity. Some injuries construction workers sustain include:
Some injuries are easily visible and objectively verifiable, while others are subjective. However, even if the injury is less visible, it does not diminish the validity of the claim. A construction accident attorney in San Diego will gather evidence to substantiate your claim.
When a construction accident occurs, you need to understand the types of construction accident claims and lawsuits to pursue to seek compensation. These include the following:
In the case of a construction worker being injured on the job, they may be eligible to file a workers’ compensation claim for damages. In California, the Labor Code Section 3700 requires employers to pay workers benefits after sustaining injuries at work.
Therefore, if you suffer injuries after a construction accident in San Diego, your employer is solely responsible for the losses. You are not required to prove negligence on their part. Hence, it’s a no-fault system that bars you from suing the employer.
Additionally, construction accident victims may also have grounds for a personal injury lawsuit involving third parties. These may include property owners, contractors, or equipment manufacturers whose negligence contributed to the accident.
As opposed to the workers’ compensation system, which operates on a no-fault basis, you must demonstrate that the other party was negligent. California has adopted the pure comparative negligence system, which allows you to recover damages even if you are 99% at fault.
A San Diego attorney for construction accidents can help you recover the following damages:
Your attorney will negotiate with insurance firms and the opposing counsel to seek a fair and just settlement. They will consider all your injuries to argue for the maximum compensation possible.
Although the Occupational Safety and Health Administration (OSHA) requires construction companies to apply strict safety standards, accidents still happen. These are the most common causes of accidents on construction sites:
Generally, construction sites are a risk to construction workers and the public. Therefore, construction companies are legally obligated to secure the sites and protect workers and bystanders from sustaining injuries. Besides a construction company, other parties may be liable for a construction site accident claim. Anyone whose negligence contributes to an accident could be responsible if someone suffers a construction site injury.
There is no waiting period for filing a construction accident claim; you can initiate the claim immediately after the accident occurs.
Delaying the filing of an insurance claim risks losing your right to compensation due to the statute of limitations. If you submit a claim days or weeks after the incident, the insurance company may question the severity of your injury.
Understanding how to claim medical damages can increase your chances of a positive outcome and financial support for the future.
Depending on severity, an eye injury can cause permanent, temporary, partial, or total vision loss. Victims of eye injuries endure mounting medical bills, lost income, lost productivity, and emotional anguish associated with their new reality.
Personal injury law allows construction workers who sustain eye injuries due to someone else’s negligence to obtain compensation.
Due to the devastating nature of construction accidents, you might have many questions after an injury and may not know what to do next. Our legal team fully understands how these incidents place a burden on the victims, and we are ready to offer aggressive legal representation to protect your rights. If you need help with a third-party claim or a workers comp claim in San Diego, we are ready to assist you. Call us today at (800) 800-0000 or contact us online to book a free case evaluation.
Our San Diego Construction Accident Lawyers at The Barnes Firm Injury Attorneys help victims from California. Our firm is conveniently located near you. We have an office in San Diego at 655 W Broadway Ste. 940, San Diego, CA 92101. Find us with our GeoCoordinates: 32.71539707042201, -117.16855225606227
If you’ve been injured in a car accident, slip and fall, construction accident, or have suffered another type of personal injury contact our team today.
Free Case Evaluation or call us: (800) 800-0000Client Reviews
The Barnes Firm was very friendly, always quick to respond to our calls, emails. When we had any questions or concerns they were there to walk us through everything. Would definitely recommend them to anyone that is looking for an attorney that will honestly fight for you and has your best interest in mind.
Most people have never needed a lawyer when they find themselves injured and in need of legal advice. We hear the following questions from many of our clients. We hope the answers help clarify your options and considerations.
The first thing you should do if you or one of your crew members are injured at a job site is notify your employer about the accident. You must notify your employer verbally or with written notice within 30 days of the accident occurring if you intend to pursue a workers’ compensation claim. When you provide this notice, your employer should give you an accident report to fill out. This report is an important piece of evidence. There should be no guesswork or opinions in an accident report. It should be your account of how the accident happened, not why you believe it happened. Only sign an accident report after you have read through it and made any necessary changes. Then, take a picture of every page of the report to have a record of your statements.
Regardless of the extent of your injuries, you should always fill out an accident report. It can sometimes take days or weeks for pain and injuries to appear and filling out an accident report preserves your right, at a minimum, to make a workers’ compensation claim.
Yes, you should always seek medical treatment no matter how minor you believe your injury to be. Do not ignore your injuries and hope it will get better or go away on its own. Ignoring your injury can lead to the injury getting worse and delay the recovery process. After an accident, it is always in your best interest to visit a hospital, urgent care center, or your primary care doctor to get a full assessment of your injuries and a treatment plan.
Even without evidence, you can still file certain claims, but any evidence you can gather is always helpful. If you can, the following pieces of evidence can help support your claims:
Worker’s compensation is insurance that provides medical and wage benefits to employees who have been injured on the job. These claims provide:
In order to file a workers’ compensation claim, you must:
Employers may try to discourage employees from filing a worker’s compensation claim. It is illegal for an employer to tell an employee not to file a worker’s compensation claim and an employer cannot retaliate against, or fire, employees for filing a workers’ compensation claim.
Depending on how the accident occurred, you may be able to file a personal injury claim in addition to a workers’ compensation claim. Your personal injury claim will be based on New York’s Labor Law. This allows you to pursue a personal injury claim against certain entities that are affiliated with the job site for the failure to provide you with safety devices to perform your work or the failure to provide you with a safe place to work. Your personal injury claim will consist of past and future pain and suffering related to the injuries you have sustained at the job site and all the medical treatment you needed for these injuries. You are also making a claim for past and future lost wages, which includes any money that you did not receive that you believe you were entitled to, as well as your annuity, pension, and other parts of your benefits package.
It is important to note, you only have three years to file a personal injury claim. You can have both a workers’ compensation claim, and a personal injury claim at the same time.
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