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San Bernardino Construction Site Injury Claims

Each year, 10% of construction site workers suffer injuries related to falls and defective equipment, states the Occupational Safety and Health Administration (OSHA). Construction site related-accidents are linked to nearly 30% of workplace injuries in major U.S. cities, with over 5,000 reported fatalities since 2020.

If you've been involved in a construction accident and are unsure whether you qualify to receive compensation, contact a construction accident personal injury attorney. They specialize in helping injured workers through the complexities of filing a work injury claim.

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Common Construction Site Accidents in San Bernardino

OSHA’s fatal four construction site injuries involve falls, electrocutions, getting struck by falling objects, and being caught or trapped between machinery. In the construction industry, scaffolding, head protection, fall protection, and hazard communication are among the most frequent safety citations by OSHA.

Construction site fatalities are also caused by defective tools, collapsed scaffolding, fires, and improperly trained workers. Documenting the accident scene and seeking immediate medical attention can be invaluable evidence for your injury claims lawsuit. Failure to do so may raise doubt as to the severity and cause of your injuries.

Establishing Liability in a California Construction Site Accident Claim

A construction site accident victim has every right to file a San Bernardino personal injury lawsuit against parties responsible for such a traumatic incident. A construction accident lawyer helps victims seek and obtain compensation for damages to cover medical expenses, loss of income, rehabilitation costs, and pain and suffering.

When such an accident results in a fatality, the victim’s family can file a wrongful death lawsuit, allowing those surviving them to get compensated for their terrible loss. Various entities can also be found responsible when a worker is injured on a construction site. The construction company, property owner, general contractor, equipment manufacturer of a defective product, or a local government agency can be held liable in a construction accident.

But it all depends on how the incident transpired and who was involved. This is why accident victims need to hire an experienced San Bernardino construction accident lawyer to handle the complex injury claim process and investigate every avenue of compensation.

Exclusive Immunity: Precluded Claims Under the Workers’ Compensation Act

Under California’s workers’ compensation law, construction site employees (general contractors) are prohibited from suing their employer, provided they have workers’ compensation insurance. What they can do, following a construction site injury, is claim workers’ compensation benefits. In the exclusive remedy provision, the worker cannot prosecute an employer for negligence unless the law follows a ‘no-fault’ system. Consequently, an injured employee only has to prove workplace-related injury and not fault-finding to recover compensation.

What This Means

The downside of the exclusive remedy rule is that even high-wage earners in the construction industry receive a fraction of their payments in workers’ compensation benefits. Under workers’ comp law, employees cannot be awarded damages for pain and suffering or emotional distress brought on by their construction accident. A worker can only sue an employer if they prove actionable negligence on the general contractor or construction owner’s part. A general contractor or construction site owner is not required to warn workers of an “obviously” dangerous situation.

Exceptions

However, they owe those in their employ a duty of care to prevent workplace-related injuries, even in a hazardous work environment like a construction zone. A construction site’s liability cannot be based solely on an owner or general contractor’s failure to warn the workers of obvious dangerous circumstances. Yet, both may be found legally responsible for their failure to correct a hazardous situation if they were aware of its presence on the construction site.

This is where a San Bernardino construction accident lawyer comes in handy. They’re well-versed in violations of safety statutes that can constitute the basis of liability against a construction site owner or general contractor. In cases where the non-delegable labor code has been broken, victims of construction site fall accidents can introduce evidence in personal injury cases. This has made safety regulations admissible into evidence under the California Occupational Safety and Health Administration.

Seeking Damages Following a California Construction Accident

California’s workers’ compensation laws require employers to pay benefits irrespective of who was at fault for employee injuries. As such, employers are protected against personal injury lawsuits from laborers, but in some scenarios, the injured plaintiffs can hold employers accountable for their losses. For example, a worker can sue an employer who does not provide workers’ compensation insurance, per the CAL/OSHA law. In addition to the breached duty of care, a construction site accident claim may be based on defective products, premises liability, and vicarious liability.

If you were injured on the job, you might be able to file charges against your employer. For this reason, you need an experienced construction accident lawyer with a proven track record representing injured workers. Note, under California’s workers’ compensation law, the immunity rule only applies to the employer.

Therefore, plaintiffs may pursue a third-party personal injury claim if someone other than their employer, like a contractor, property owner, manufacturer of defective machinery, etc., caused their injuries. It’s equally important to consult with a lawyer sooner rather than later because you have a time limit for filing a lawsuit. Although the statutes of limitations vary depending on the type of lawsuit filed, the time limit for personal injury claims in California is generally two years from the date of the injury.

Categories Of Personal Injury Claims

Contact A Reputable San Bernardino Construction Accident Lawyer At Kash Legal 

With expert legal representation, victims of a construction site accident case can recover compensation for estimated future medical expenses, loss of wages, and pain and suffering. A victim’s family may also claim loss of consortium damages to compensate for various factors that occur following an accident.

If a Kash Legal construction accident lawyer determines that an employer’s conduct was malicious, victims may be entitled to punitive damages to punish the wrongdoer. Remember, a victim must initiate a construction accident claim within a year from the date the accident occurred. If you’ve been injured at a construction site, contact our construction accident lawyers at (888) 527-4128 or fill out our contact form to discuss the best course of action.

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Our Clients Love Us

Jonathan has been great in getting my accident case settled and for more than I expected. They took care of everything for me so I didn't have to deal with any insurance agencies. Highly recommended.

Cynthia R.San Francisco, CA

Kash Legal Group . Jonathan and his team are the best. Never have I delt with such a professional, caring group. They kept in touch and informed me the whole journey. Eileen was so comforting to me. And I would MOST DEFINITELY RECOMMEND THIS TEAM ..

Deanna S.Big Bear, CA

I am super satisfied with the job Kashani and his team had done for me after my car accident. They help me get all the attention I needed after accident plus got me a good compensation. They all are very pleasant and know what are doing, they are very professional and sharp . The group firm assisted me till make sure I was healed and make sure everything was paid by other insurance.

Felipe C.Riverside, CA

After my injury, I contacted Kash Legal in hopes of getting justice for what had happened to me. Kash Legal has helped me achieve that goal, and even during the COVID pandemic, they had always kept fighting and updating me on the case with extreme professionalism. Kash Legal changed my life for the better, and did a fantastic job doing so.

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