Riverside Construction Accident Lawyer

Construction workers spend their workdays around heavy machinery and dangerous equipment while they repair and build roads, homes, factories, schools, bridges, and more. This means construction employees can be injured while on the job. If you are in this situation, you need an experienced Riverside construction accident lawyer from Kampf, Schiavone & Associates to help you navigate your case and fight for the compensation you deserve.

What Causes Construction Site Injuries?

Construction work can result in minor injuries, such as scrapes, scratches, bruises, and sprains, but sometimes more severe injuries can occur, including:

• Falls
• Electrocution
• Crushing injuries
• Struck-by incidents
• Musculoskeletal injuries
• Respiratory damage
• Repetitive motion injuries

These injuries can happen due to:

• Malfunctioning equipment
• Lack of proper safety equipment
• Fall hazards lying around
• Exposure to hazardous chemicals
• Contact with exposed wires

Many of these severe accidents are caused by negligence on the part of employers or contractors as well as equipment manufacturers, property owners, architects, engineers, or subcontractors.

Your Options After a Construction Accident

Our team understands how overwhelming a construction accident injury can be. We can guide you through the available options to make sure you receive the maximum compensation you deserve. The options available to you include filing a worker’s compensation claim or a personal injury claim.

California law mandates that all employers carry workers’ compensation insurance. This insurance operates under a no-fault system, meaning employees can receive benefits without having to prove their employer or any party was negligent. Workers’ compensation typically covers medical expenses, lost wages, disability benefits, vocational rehabilitation services, and death benefits.

Personal injury claims work differently. It must be proven that your employer intentionally made choices that caused the accident. An example of this could be your employer improperly modifying a piece of equipment that subsequently causes your injury. In this case, they could be held liable.

It’s important to note that if your employer does not hold workers’ compensation insurance, you may be able to file a personal injury claim against them. It is illegal in California for employers not to have workers’ compensation insurance.

Third-Party Liability Claim

There may be situations where you could bring a third-party liability claim against another party, such as contractors or manufacturers. To do this, you and your lawyer would have to prove negligence.

Personal injury claims can help recover compensation that you are not entitled to through workers’ compensation, including:

• Additional compensation for medical expenses and lost wages
• Non-economic damages like pain and suffering, emotional distress, and loss of life enjoyment

What You Should Do After a Construction Accident

After an injury, it is understandable for you to feel stressed or confused about what to do. Following an accident, you should take these steps to help protect your right to workers’ compensation benefits or a personal injury claim:

• Seek medical care. You should get medical care immediately after the accident to address any injuries and obtain medical records.
• Report the incident. Notify your supervisor about the accident as soon as possible. Legally, you need to report within thirty days. You should request a formal accident report that has the date, time, and details of the accident.
• Gather additional documentation. Gather more information, such as witness contact information and written statements from those involved. If you can, take photos or video of the scene and ensure all hazards that caused your workplace injury are documented.
• Follow your doctor’s advice. Follow your doctor’s treatment plan and request medical records to support your actions.
• Seek legal counsel. Meet with an experienced attorney so you can discuss your legal options and whether to pursue workers’ compensation or take it further with a personal injury claim.

Why You Should Hire a Construction Accident Lawyer After an Injury

Construction accidents can have life-altering consequences, so you want to maximize your compensation to fully recover and take the next steps in your life. Those who have been injured in construction accidents in Riverside, California can recover more financial compensation when they have a skilled lawyer by their side. Your lawyer can advocate for your rights and ensure the legal process is as smooth as possible.

FAQs

Who Can be Held Liable for a Construction Accident?

In a California construction accident, potentially liable parties may include employers, contractors, equipment manufacturers, property owners, architects and engineers, and subcontractors. Personal injury claims require negligence to be proven, meaning any party who can be held liable for the accident in a court of law may be required to pay you compensation.

How Long Do I Have to File a Claim?

In California, you generally have two years from the date of the injury to file a personal injury claim. If you were a minor at the time of the injury, the statute of limitations does not start until your eighteenth birthday, which means you have until the age of twenty to file the claim.

What If I Was Partially at Fault for the Accident?

Even if you were partially at fault for the accident, you can still file a personal injury claim. California is a pure comparative negligence state. This means you can still recover damages even if you were partially at fault. Damages would be reduced by the percentage of fault assigned to you. For example, if the court determines that you are 20% at fault for the accident, you can still recover 80% of the damages.

What Types of Compensation Can I Recover?

With a workers’ compensation claim, you can receive benefits for medical expenses, lost wages, disability, vocational rehabilitation, and death benefits. If you pursue a personal injury claim, you could recover lost wages, medical expenses, and property damage. Compensation can also be awarded for your pain and suffering, loss of life enjoyment, and other similar non-economic damages.

Contact Kampf, Schiavone & Associates to Get Defense Related to Construction Accident Cases

If you have been injured in a construction accident, contact our Riverside construction accident lawyers for help navigating the complex legal landscape. Construction sites are usually dangerous, and accidents can result in serious injuries. The attorneys at Kampf, Schiavone & Associates can help you understand your legal rights and options after an accident and work to secure the compensation you deserve.