Written by The Barnes Firm, reviewed by Richard Barnes
Rich Barnes
President
Disclaimer: *Steve and Rich Barnes have obtained millions in recoveries for their clients and have supervised over $2.5 Billion Dollars in settlements.
Construction is one of the most dangerous industries in America. There are so many things that can go wrong if supervisors get complacent or negligent. The Barnes Firm has successfully handled common construction accident claims, including ladder accidents, scaffold falls, equipment failures, and structure collapses.
What you can expect from The Barnes Firm:
We have the knowledge and resources to pursue maximum compensation on your behalf and will not rest until justice is served. Call The Barnes Firm to schedule your hassle-free consultation today.
Contact a Los Angeles Construction Accident Attorney
When working in the construction industry, there are many risks that workers must face on a daily basis, such as harmful toxic chemicals, serious slip and falls, heavy equipment malfunctions, and so much more. And while there are both federal and state laws in place to regulate construction jobs and sites, some employers knowingly disobey to cut costs and save time.
This is where the Los Angeles construction accident attorneys at The Barnes Firm can help if you’ve suffered an injury on a construction site due to an unlawful procedure.
According to the United States Department of Labor, nearly 65% of workers in the construction industry work on a scaffold. Under the Occupational Safety and Health Act of 1970, all building owners must test, certify, and maintain the anchorage systems on their property so that it is capable of supporting at least 5,000 pounds. If for whatever reason a construction site scaffolding system fails to meet the requirements set forth by the Occupational Safety and Health Administration (OSHA), employers and building owners alike may be liable for any and all injuries sustained.
At The Barnes Firm, our Los Angeles construction accident attorneys are intimately familiar with the engineering and regulations that govern work scaffolds. Using this knowledge, we will build a strong and unwavering case against the liable party so that you are justly compensated for not only your injuries, but future medical bills, loss of earning capacity, and other damages.
Generally, a scaffold accident is covered under California’s workers’ compensation benefits; however, the monetary value of those benefits is almost never enough to cover all of the damages for an injured worker. Sometimes a negligence claim is necessary when workers’ compensation isn’t enough.
Our Los Angeles construction accident attorneys are on your side and will be your strongest advocates throughout the entire claim process. Contact our law firm today to learn more about your rights and if you have a scaffold accident case on your hands.
Another very common construction site accident is ladder falls. Every year, ladder injuries occur where the user either falls off, is thrown from the ladder, or electrocuted. We typically look at ladders to be strong, sturdy, and reliable devices, but the truth of the matter is they are often made very poorly with low-quality materials. This does not mean that if a person falls off a ladder that the ladder is automatically faulty, but sometimes it does.
In those instances where an injury occurs due to a product defect, malfunction, or failed ladder component, our Los Angeles construction accident attorneys are here to determine the cause and find out who is responsible. Over the years we have handled numerous ladder accident cases and encourage you to contact us for your best chance of recovery in the matter.
Every year approximately 1,000 people in the U.S. die from electric shock (electrocution), and it is considered the fourth leading cause of death on the job. When electricity passes through the body, it heats all of the tissue it comes in contact with as it travels, causing severe burns underneath the skin and on the surface. Construction workers are especially at risk for electrical accidents due to their high involvement with live electrical equipment, circuit breakers, transformers, and control panels.
Electrical accidents can leave those affected with serious injuries, including internal and external burns, breathing problems, seizures, amputation, cardiac arrhythmia, and more.
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, the law obligates construction companies to secure sites and protect workers and bystanders from 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’s no waiting period if you want to file a claim for a construction accident claim. You can initiate an insurance claim right immediately after the accident occurs.
If you delay filing an insurance claim, you risk losing your right to compensation through the statute of limitations. Submitting a claim days or weeks after the incident may lead the insurance company to 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.
Seek Medical Attention: You should prioritize immediate medical attention after you’ve sustained an injury in a construction accident. Ensure you visit a qualified physician for examination, even for a minor injury.
Prepare Documentation: Documentation is crucial for anyone looking to obtain compensation after a construction accident.
Consider Legal Representation. While most victims obtain compensation from the at-fault party’s insurer, some receive settlement amounts that hardly cover injury-related losses.
File an Insurance Claim: Contact the insurer of the at-fault party about the construction accident. In most cases, an insurer will table a settlement proposal.
A construction accident lawsuit goes through a series of steps, including finding an attorney, conducting investigations, filing a notice of claim, discovery process, negotiations, trial, and reaching a verdict.
The Extent of Your Injuries
Many construction accidents cause severe injuries, like spinal cord or traumatic brain injuries, requiring lengthy treatment. A construction accident attorney may advise waiting for maximum medical improvement before proceeding to trial.
The Defendant’s Willingness to Settle
If the at-fault party has refused to accept liability, you’re likely to endure a lengthy battle in court. There are numerous opportunities that an attorney can use to settle with a willing at-fault party. If the at-fault party thinks they can win, they’ll hire an attorney, possibly causing a lengthy lawsuit.
Amount of Damages Involved
If you’re seeking significant damages, your construction accident lawsuit could take longer to settle. Usually, the liable party will spend more time negotiating for a lower settlement value, leading to delays. A construction company may hire an experienced attorney to frustrate your court efforts, causing delays.
The Number of Parties Involved
Things may get complicated if multiple parties are involved. Where multiple parties are involved, there might be multiple insurance claims and companies to contend with. Since different insurers are at play, delays may occur as they try to shift blame.
If injured on the job by any of the listed accidents, the initial claim will be filed under workers’ compensation. An experienced Los Angeles construction accident lawyer can increase your chances of fair compensation by pursuing a higher claim. The Barnes Firm ensures negligent parties are held accountable and that justice is served.
The Barnes Firm construction accident attorneys serving Los Angeles have seen tragic results from unsafe working conditions. Contact us today if you or someone you know has suffered a construction site injury and needs an experienced team.
Our Los Angeles 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 Los Angeles at 633 W 5th St #1750, Los Angeles, CA 90071. Find us with our GeoCoordinates: 34.051221159397144, -118.25445490707811
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:
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.
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.
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