Victorville
Construction Injury Lawyer

California remains a fast-growing, constantly evolving state that ranks among the happiest states in the country. With such a large population and a constant need for developing infrastructure, California is almost always home to more than a few construction projects. Construction sites can be very dangerous if the proper precautions are not taken. If you live in Victorville and are dealing with a construction injury, reach out to a Victorville construction injury lawyer.

Why Should You Hire a Construction Injury Lawyer?

When you are dealing with the fallout of a construction injury and are seeking workers’ compensation for your injury, retaining the services of an experienced accident attorney can make all the difference. Having someone who can argue your case and make sure you are not taken advantage of financially could be the factor that decides your case. An experienced injury lawyer advocates for their client in court and in mediation.

When deciding on a lawyer, you want someone who can effectively guide you through the legal process, which can be a stressful and complicated feat to try to do yourself. It is crucial to consult a personal injury or workers’ comp lawyer about your case. You need to be properly compensated, and you may also want your employers to be held accountable for any negligent behavior that may have led to your injury in the first place.

Navigating workplace injury law, such as the kind that occurs on construction sites all the time, can be a complex situation to be involved in. Your lawyer must know how to handle cases like yours and have a consistent record of doing so in the past. You want a strong success rate and an empathetic, knowledgeable lawyer who won’t be afraid to stand up to anyone who is trying to intimidate you into dropping your case. Here are some valid, important reasons why you should hire an injury lawyer.

• Vast Knowledge: A vast knowledge of the law and various legal processes of California is not a common trait among most citizens. Odds are you don’t know how to handle the legalities of your case alone. That’s nothing to be ashamed of. An injury lawyer should have an impressive knowledge of the law at their disposal, and they can use that to help you succeed in your case. It is crucial to have someone in your corner who understands the specifics of your case and how to successfully navigate it.
• Maximum Compensation: A personal injury lawyer with substantial experience knows how to make sure you receive the most appropriate and acceptable compensation package in your workers’ comp case. It is important to take into account any lost wages you may have missed due to your recuperation, along with medical costs, disability benefits, and anything else that could be relevant to the situation. The goal is to maximize your compensation package and satisfy your claim.
• Fill Out Paperwork: Filling out forms in a timely manner may seem innocuous, but missing any deadlines on crucial paperwork could end your claim before it even starts. Every legality requires some paperwork that needs to be filled out, and your lawyer can know when to do so and which forms to fill out. That way, you can focus on your recovery while they handle the day-to-day tasks.
• Conduct Investigations: When your construction injury happened, there was likely an investigation made by the company’s insurance carrier to discover just what exactly happened. Conducting investigations is a significant part of any injury case, and your lawyer can perform their own as thoroughly as possible. They can discover who was at fault for the accident, why it occurred the way it did, and whether anybody’s negligent behavior was the cause.
• Work Out Your Own Strategy: It is important, as a lawyer, to treat every case with importance and not to implement a blanket legal strategy for every injury case that you find. Every single case is different. They all have different circumstances, individuals, and outcomes. Your lawyer should individualize your legal strategy by focusing on the specifics of your case and using them to find the most advantageous way to obtain compensation.
• Negotiate With Insurance Companies: Insurance companies’ primary goal in a workers’ comp or personal injury case is to pay the victim as little as they possibly can. Dealing with the insurance company can be the most stressful part of an injury case. If you don’t have a lawyer to advocate on your behalf, they may attempt to pressure you into accepting a settlement offer that is insultingly low. With a good lawyer, that pressure disappears, and your settlement offer can start to become fairer.
• Going to Trial: If you and your lawyer are not able to reach an acceptable settlement offer with the insurance company, then there is a good chance that your case will go to trial. At that point, your case will be decided by a jury. Your lawyer can represent your interests, and they can provide sound legal counsel throughout while continuing to fight for your claim.

Common Types of Accidents That Occur on Construction Sites

Construction accidents are not uncommon in Victorville, California. They are frequently host to large machinery, dangerously unstable structures, heavy equipment, and the potential for catastrophic injury. Furthermore, the workers who are employed at construction sites may start to feel so comfortable with their daily job life that they may not be totally aware when a dangerous situation arises. Here are some of the more common types of accidents that can happen on a construction site:

• Bad Falls: Every building first started as a construction site, from every house on your block to every skyscraper in your city. Falls are one of the most frequent causes of injury and death on construction sites. High surfaces, scaffolding, balconies, high staircases, and ladders all hold the possibility of someone suffering a terrible fall. If you are working at a great height, take extra care of your surroundings.
• Slips and Trips: Construction sites are not often found on even surfaces. Often, there are spills present, too. It is really easy to slip and fall while working, and a bad fall can cause all sorts of injuries, such as a brain injury, damage to your spine, a slipped disc, a bad sprain, and broken bones. Be aware of the state of the ground before you walk through it.
• Electrocution: Loose wires are quite common on most construction sites. If there is a current through any of those wires, there is a decent chance that someone could be electrocuted if they inadvertently touch the wire. Electrocution can be immeasurably painful or even result in death. Be sure to follow the proper procedure when working around live wires or any currents.
• Exposure to Toxins: Chemicals and some toxic materials are often present on construction sites. Being exposed to these chemicals without taking the proper safety precautions can cause horrible injuries or even death. Breathing in certain toxic fumes could result in developing asthma, silicosis, or another debilitating respiratory condition. Make sure you wear masks when necessary.
• Heavy Machinery: When using heavy machinery, such as excavators, bulldozers, or cranes, be sure to be properly trained in using said machinery before you attempt to use it. Improper training can result in serious injury, death, and/or destruction of property. Failure to adhere to proper conduct while these machines are in use can also cause serious injury or death. When one of these machines is on, be aware of it and know what it is doing.
• Falling Objects: If a construction site is vast or very high in the air, there is always a chance that something could fall off the site and seriously injure someone. If you are working on the top floors, try your hardest to keep hold of your equipment. If you are working on the lower floors, try to be aware of your surroundings and do what you can to get out of the way if you notice something falling toward you.
• Repetitive Motion: Using the same machine in the same way for long, extended periods of time can result in repetitive stress injuries, like carpal tunnel syndrome or a sprained wrist. In addition, carrying heavy equipment around for long periods of time can lead to back injuries or spinal problems. Stretching once in a while may help loosen your body up.

What Do You Do After a Construction Accident?

Being in a construction accident can be terrifying, painful, and a complete legal mess. If you are ever involved in one, it is important that you take the proper steps to protect yourself, your workers’ comp claim, and your case:

Get Medical Help Immediately

The very first thing you should do after being injured on a construction site is seek medical attention. Your safety is the top priority. Call 911 to get an ambulance to take you to a hospital. Even if you don’t think your injuries are that bad, you should still see a doctor. You may have an injury that’s not apparent right now, and you will want your medical visit on record when/if you decide to file a claim.

Report What Happened

Once you have made sure that your injuries have been taken care of, be sure to report the accident to your supervisor or employer as soon as you can. This will make sure the accident is documented and in their records. They will likely perform their own investigation into what happened. If your employer fails to report the accident, you can then report it yourself to the Division of Occupational Safety and Health of California (DOSH or Cal/OSHA)

Once the accident has been properly reported, you can start gathering the evidence and information that supports your claim. You will want to take photos of the accident scene, speak to any possible witnesses to the accident, gather their contact information, and write down the exact facts of the accident for your own records.

When gathering information, there are several important things you will need to write down to ensure that your future workers’ comp claim goes smoothly. These include:

• How the accident happened. This includes the date and time, weather conditions, who was around you, what equipment you were using, and how you were physically feeling prior to the accident.
• Contact information for witnesses. You will want to call them when it comes time to testify for your claim.
• Your medical records. Make sure you document your injuries, along with every medical expense that you have incurred since the accident. This includes doctor’s visits, medication costs, physical therapy costs, and hospital stays.
• Your employer’s contact information and the location of the job site.
• Photos of the scene of the accident.

Talk to a Lawyer

At this point, you will want to retain the services of an injury lawyer who can help you build your case. There are two main types of legal actions that can arise after a construction site accident, and your lawyer can help you handle both:

• Workers’ Compensation Claims: Every employer in California is required to carry workers’ comp insurance to provide their employees with benefits in the event of an accident.
• Third-Party Claims: Many construction injury cases are not caused by the workers themselves or their employer but by an outside third party. Third-party claims can get complicated, depending on the case itself. Third parties can include private contractors, manufacturers, engineers, architects, and property owners.

File a Claim

Once you and your lawyer have worked out the details and decided how to proceed, file a workers’ comp claim. Make sure you file within the required deadlines, which your lawyer can help you with.

Contact a Construction Injury Lawyer Today

Being involved in a construction injury can be a truly stressful experience that you may not have been prepared to handle. Thankfully, though, you do not have to handle it alone. Reach out to Kampf, Schiavone & Associates today. Our legal team can help you develop your case and ensure that the right people are held accountable for your injury. Contact us to schedule a consultation as soon as you can.