Orange County Construction Accident Lawyer
Construction companies and builders employ numerous laborers, foremen, supervisors, and contractors on their projects. When these workers are around dangerous and heavy construction equipment every day on a job site, they are more prone to severe injuries than workers in other occupations.
If you suffered injuries in a construction site accident, you should first receive all of the medical care and treatment that you need. It is also essential that you search for experienced legal representation in your case as quickly as possible.
The Orange County construction accident lawyers at Bentley & More LLP can help you determine if you are eligible to file a claim based on workers’ compensation law or negligence law. If you are eligible to move forward with a claim, we can help you take the necessary legal steps to recover the benefits and damages you deserve for your construction-site injuries.
Our experienced lawyers have recovered millions of dollars in compensation on behalf of our personal injury and workers’ compensation clients. Let us help you maximize the benefits and damages you are entitled to recover for your construction-accident losses.
Special note for other law firms: At Bentley & More LLP, our legal team represents victims of catastrophic accidents who suffered debilitating injuries. We accept referrals from other law firms on a regular basis, as we have the resources to take on complex, high-value matters. Feel free to contact us and let us know if we can help you regarding a potential client.
Common Injuries on Construction Sites Located Throughout Orange County
Workers on construction sites who are near dangerous and heavy equipment are prone to severe accidents, injuries, and losses. These injuries may occur under various circumstances and depend primarily upon the type of construction equipment involved, the amount of force involved, and other accident-specific circumstances.
Common injuries that construction workers suffer on job sites in Orange County include:
- Traumatic head injuries
- Crush injuries
- Bone fractures
- Rib fractures
- Permanent soft tissue contusions
- Internal organ damage
- Internal bleeding
- Deep lacerations
- Full or partial blindness and other serious eye injuries
- Death
If you or someone you care about suffered catastrophic injuries while working at a construction job, seeking prompt medical treatment after your accident is a must.
Accident victims should first go to a local hospital or urgent care facility so that a medical provider can physically examine them. The provider can then order MRIs, CAT scans, and X-rays to ascertain the full extent of their injuries.
While you focus your attention on making a full recovery, the Orange County construction accident attorneys at Bentley & More LLP can start taking the necessary legal actions to represent you in a workers’ compensation claim or personal injury claim.
We can gather your medical treatment records to date, along with other pertinent evidence to use as part of your claim. Once your medical treatment is complete, we can begin to pursue the benefits or damages you deserve for your catastrophic construction-accident injuries.
Types of Construction Equipment that Cause Injuries
When construction workers have to be around dangerous and heavy machinery on a daily basis, their chances of suffering injuries in an accident increase significantly. Some types of equipment on a construction site are more dangerous than others. However, any piece of construction machinery can lead to severe injuries—even when workers use the equipment in the proper manner.
Common categories of dangerous equipment on a construction site include:
- Diggers
- Dump trucks
- Cranes
- Jackhammers
- Scaffolding
- Ladders
- Chemicals
- Explosive devices
If you sustained injuries while using any of this equipment on a building or construction site, you should take legal action promptly. Failing to talk with a lawyer right away about your legal rights and options can jeopardize your ability to recover the compensation you deserve.
The Orange County construction accident lawyers at Bentley & More LLP can take timely action to pursue your workers’ compensation claim or personal injury claim well within the statutory time limits, thereby protecting your right to recover the benefits and damages you need for your injuries.
Possible Accidents on Orange County Construction Sites
Construction site accidents are, unfortunately, an all-too-common occurrence. When workers injure themselves on dangerous equipment, they may incur high medical costs and become unable to work for a lengthy amount of time.
Common construction site accidents that lead to debilitating injuries include:
- Motor vehicle crashes involving construction vehicles and third-party vehicles
- Accidents that result from defective machinery or equipment malfunctions on the job site
- Fall accidents that occur on the job site, including falls from tall scaffolding or ladders
- Accidents that result from insufficient maintenance or repair work on construction vehicles and equipment
- Explosions on job sites that lead to blindness and other serious injuries
- Accidents that occur when heavy objects fall onto a worker who is standing on the ground
- Crush injuries that happen when a heavy piece of machinery runs a construction worker over
If you suffered injuries in any of these work site accidents, the Orange County construction accident lawyers at Bentley & More LLP are ready to help. We can swiftly investigate your accident circumstances and help you file the appropriate claim for monetary benefits.
Workers’ Compensation Claims for Orange County Construction Site Accidents
The first type of claim that an injured construction worker can file is a claim for various workers’ compensation benefits. Workers who suffer injuries while they are on a construction job site and while performing a job duty may be eligible to recover these benefits.
Workers’ compensation benefits are also available without regard to fault. Therefore, an injured worker does not need to demonstrate that another individual or entity caused their worksite accident.
The benefits that an injured construction worker can recover will depend upon their accident circumstances, as well as the nature and extent of their worksite injuries. First, injured workers can recover their medical costs, along with a portion of their lost income. If their injuries require them to quit their job, they may be eligible for vocational rehabilitation benefits to help them obtain gainful employment again.
Finally, injured construction workers who suffered permanent injuries, as determined by a qualified medical provider, may be eligible to recover various permanency benefits.
Our legal team has a strong working relationship with various area medical providers who can draft a permanency evaluation in your case after examining you. We can then submit this evaluation to your employer’s insurance company in pursuit of favorable permanency benefits through the California Workers’ Compensation System.
If a construction worker dies as a result of the injuries they suffered in their accident, surviving family members can pursue death benefits through the Workers’ Compensation System.
Settling a Workers’ Compensation Claim via a Compromise and Release
In some instances, an employer’s insurance company might make a lump settlement offer to resolve a pending workers’ compensation claim. These types of settlement offers are sometimes called a compromise and release. When an injured construction worker accepts one of these offers, their workers’ compensation case closes, and they may not reopen their claim in the future if their condition worsens. If they must incur additional medical treatment in the future, workers’ compensation benefits will not cover that treatment.
Our experienced legal team can help you determine whether you should accept a workers’ compensation settlement offer or continue pursuing your claim through the system, given the unique circumstances of your case.
Third-party Personal Injury Claims Arising from Construction Accidents
Because workers’ compensation benefits are available to injured workers, individuals may not file a personal injury claim or lawsuit directly against their employer. However, an injured construction worker can file a third-party claim against another individual or entity that caused or contributed to their accident.
For example, an injured construction worker can pursue third-party damages against:
- A motor vehicle operator who caused a construction site accident
- A repair facility that performed deficient repair work on a piece of construction equipment
- A project foreman, supervisor, or contractor who failed to properly maintain the construction site or vehicles used on the construction site
- A product manufacturer or distributor that defectively designed a piece of construction equipment, causing it to malfunction on the job
To recovr monetary compensation in a third-party personal injury claim or lawsuit, an injured construction worker has to satisfy their legal burden of proof.
Specifically, they must show that:
- The at-fault individual or entity owed them a legal duty of care to act reasonably and responsibly under the circumstances
- That the at-fault party breached—or violated—their legal duty of care to the construction worker in some way
- That the at-fault party’s violation was both the actual and the foreseeable cause of the subject accident
- That as a direct result of the accident, the construction worker suffered one or more personal injuries and damages
Assuming an injured worker can prove these four legal elements, they can pursue and recover various monetary damages. The first step to recovering this compensation is for the accident victim’s lawyer to file a claim with the responsible party’s insurance company.
To review and assess the claim accurately, an insurance company adjuster will need numerous documents, including:
- Copies of the accident victim’s medical treatment records and bills
- Photographs of the accident victim’s visible injuries (if any)
- Photographs of any property damage that occurred in the accident
- A personal statement from the accident victim that explains the overall effects that the accident and injuries have had on their life
- Photographs of the construction site accident scene and video footage of the accident, if any, are available
Once the insurance company adjuster reviews these documents, the parties may engage in settlement negotiations. In some instances, adjusters will be unwilling to offer the construction worker significant monetary compensation if they have already recovered benefits in their workers’ compensation claim. Therefore, negotiations on the personal injury side of the case may be ongoing.
As part of a third-party claim or lawsuit, accident victims can pursue additional monetary compensation for their medical expenses, pain and suffering, mental distress, loss of use of a body part, loss of life enjoyment, permanent disability or disfigurement, and loss of spousal companionship and consortium.
The Orange County construction accident lawyers at Bentley & More LLP can help you determine if you are eligible to pursue a legal claim against a third party for various monetary damages. If you are, we can help you file your claim with the appropriate insurance company and pursue the economic recovery you need.
Speak With Our Orange County Construction Accident Lawyers Today
Greg Bentley & Keith More, Construction Accident Injury Lawyers
If you sustained debilitating injuries in a construction site accident, the sooner you have experienced legal counsel in your corner, the better off you will be—and the higher your chances of recovering monetary benefits and damages. You don’t want to take on an insurance company alone. Insurance companies are usually quite large and have extensive resources at their disposal. The insurance company exists to produce profits, not to be your friend or take care of you. Reach out to a Orange Country personal injury lawyer.
At Bentley & More LLP, our knowledgeable legal team can file the necessary workers’ compensation claim or personal injury claim on your behalf and aggressively negotiate with insurance company adjusters in pursuit of the fair damages you deserve. We will stand by your side every step of the way and can advocate for you during workers’ compensation or courtroom proceedings in support of your case.
For a free case evaluation and legal consultation with a knowledgeable Orange County construction accident attorney, please call us at (949) 870-3800 or contact us online to learn more.
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Bentley & More LLP – Orange County Office
Phone: (949) 870-3800