Newport Beach Construction Accident Lawyer
Working on and around construction equipment at a building site is extremely dangerous. These dangers primarily result from daily exposure to heavy equipment, along with dangerous tools and machinery. Construction workers are prone to crush and fall injuries which may lead to ongoing medical treatment, permanent injuries, or even death in a worksite accident.
If you or someone you care about suffered injuries while working on a construction site, you may have legal options for monetary recovery.
The experienced Newport Beach construction accident lawyers at Bentley & More LLP understand the serious nature of construction work and the dangers that workers face every day while on the job. We can meet with you to discuss your construction accident and the injuries you suffered and determine if you may be eligible to file a workers’ compensation claim or a third-party negligence claim. We can help you pursue and recover the monetary benefits or damages you deserve for your job site injuries.
Our legal team has recovered millions of dollars of compensation for accident victims, including workers who suffered injuries on construction sites. Let us help you recover the monetary benefits and damages you need to become whole again after your construction site accident.
For a free case evaluation and legal consultation with an experienced Newport Beach construction accident lawyer, contact us online for more information.
Special note for other law firms: Our legal team has the resources to successfully represent victims of catastrophic accidents and injuries. We are here to help all injury victims in Newport Beach and surrounding areas, so we regularly accept referrals from other firms to help protect the rights of those in our community. Feel free to call us and let us know if we can serve your firm and take on a complex injury case for you.
Dangerous Equipment at Construction Sites
The main reason construction sites are so dangerous is that workers have to use heavy machinery and equipment daily while on the job.
Common examples of dangerous equipment on construction and building sites include:
- Diggers
- Cranes
- Dump trucks
- High ladders and scaffolding
- Jackhammers
- Chemicals
- Explosives
If you suffered injuries at a construction site while working on or around dangerous construction equipment, the experienced Newport Beach construction accident attorneys at Bentley & More LLP are here to help. We can assist you with filing a workers’ compensation claim for benefits or a personal injury claim against a negligent individual or entity.
Types of Construction Site Accidents and Injuries
When construction workers are around dangerous and heavy machinery, severe accidents and injuries become much more likely. Workers may sometimes fall from construction equipment, including high ladders and loose scaffolding. If they strike the ground with significant force, they can suffer a permanent head, neck, or back injury that leads to spinal cord damage and paralysis.
They may also suffer a crush injury if a piece of heavy construction equipment runs them over. Possible crush injuries include broken bones, rib fractures, and soft tissue injuries. Many of these injuries result in permanent disfigurement—or an inability to use the affected body part(s).
Construction workers may also suffer injuries if a piece of equipment malfunctions when they use it properly. For example, the equipment can explode and burn the worker or cause them to suffer a serious eye injury that permanently affects their vision.
Accidents may also happen when construction workers are around dangerous chemicals for a prolonged time. Finally, workers can suffer injuries if their construction vehicle becomes involved in a traffic accident due to another driver’s negligence—or a mechanical defect in the vehicle.
If you sustained injuries in a recent construction accident, the experienced Newport Beach construction accident lawyers at Bentley & More LLP can investigate the circumstances of your accident and determine your eligibility for filing a workers’ compensation or third-party personal injury claim.
Workers’ Compensation Claims Arising from Construction Accidents
In many instances, injured construction workers are in a position to file a workers’ compensation claim seeking various monetary benefits. To qualify for workers’ compensation benefits, an individual must have suffered an illness or injury while working at their job and while working within the scope of their employment. Working within the scope typically means that the worker was performing a job duty on the construction job site when their accident and injuries occurred.
In most instances, construction workers cannot recover workers’ compensation benefits if they suffer an injury while traveling to or from the building/construction job site.
Workers’ compensation claims are also no-fault claims. This means that an injured worker may be eligible to recover monetary benefits without regard to who caused the accident or how it occurred.
Our legal team can determine if you are eligible for workers’ compensation benefits in your case. If you are, we can file the appropriate claim with your employer’s insurance company and pursue the maximum monetary benefits you deserve for your worksite injuries.
Potential Benefits in a Workers’ Compensation Claim
When builders and construction workers suffer serious injuries on a job site, they will often have mounting medical bills and other expenses. Furthermore, they may be unable to work for a significant amount of time after their accident. Instead of working, they may need to seek ongoing medical treatment, or their pain levels may simply prevent them from working in any capacity. Alternatively, the worker might need to switch to a lighter-duty job because of their inability to lift or carry heavy objects while working.
Some of the benefits that injured construction workers can recover through a workers’ compensation claim include:
- Payment of their related medical expenses
- Recovery for a portion of their lost income
- Vocational rehabilitation benefits, if their injuries prevent them from performing their current job duties
- Permanency benefits
To recover permanency benefits, a medical provider must ordinarily state in writing, and to a reasonable degree of medical certainty, that the construction worker suffered a permanent injury or impairment in their accident. A permanent injury is unlikely to heal completely, no matter how much time passes. Permanent injuries often affect an accident victim’s ability to work in the future and may cause them to experience ongoing pain, suffering, and inconvenience.
The experienced Newport Beach construction accident attorneys at Bentley & More LLP have strong working relationships with area medical providers. In many instances, these providers will perform a permanency evaluation on an injured construction worker and draft a favorable medical report. In most instances, a medical provider will express an injured worker’s permanency level based on a certain percentage of impairment.
Our legal team can set you up for the appropriate permanency rating and work to maximize the total benefits you recover for your construction site injuries via your workers’ compensation claim.
Personal Injury Claims Arising from Newport Beach Construction Site Accidents
In California, injured workers cannot file a personal injury claim or lawsuit directly against their employer. The primary purpose of the workers’ compensation system is to allow workers to seek monetary compensation for work-related injuries from their employer’s insurance company.
However, injured construction site workers can file a third-party claim or lawsuit against other potentially responsible individuals or entities at the construction site.
Some potential third-party claims that construction accident victims may pursue include:
- A claim against another driver who caused a traffic accident while the worker operated a construction vehicle
- A claim against a construction company for inadequate or negligent supervision
- A claim against a construction company or property owner for failing to properly maintain construction equipment in a reasonably safe condition
- A claim against a construction company or property owner for failing to maintain the construction site in a safe condition for the benefit of all workers
- A claim against the manufacturer, designer, or distributor of construction equipment for a manufacturing, design, or warning defect that caused an accident/injuries
- A claim against a repair facility for failing to properly repair or maintain construction equipment, causing it to malfunction and injure you
If you suffered injuries on a building or construction site in Newport Beach, our legal team can investigate your accident circumstances, speak with you about the incident, and, if necessary, retain an accident reconstructionist. We can also speak with witnesses and obtain documentation related to your case, including copies of incident reports, camera footage, and witness statements.
Once we have the documentation we need, we can help you determine if you are eligible to file a third-party claim for monetary damages. Depending on the circumstances, an injured construction worker might recover both workers’ compensation benefits and a third-party settlement, jury verdict, or arbitration award.
A personal injury claim begins when an accident victim’s lawyer submits a claim to the insurance company for the at-fault individual or entity. Important claim documents typically include copies of all pertinent medical records and medical bills, along with witness reports, photographs, and other investigation documents. Once the insurance company evaluates the claim, it will decide whether to accept or deny liability.
If the insurance company accepts liability, settlement negotiations may begin. Some insurance companies will offset their initial settlement offers if an accident victim has already recovered various workers’ compensation benefits. In those instances, it will take a strong personal injury lawyer to aggressively advocate for additional compensation. If the insurance company does not offer you the third-party benefits you need, your lawyer can file a lawsuit against the responsible individual or entity in court.
While most third-party claims settle out of court, you can proceed with a civil jury trial or binding arbitration proceeding under certain circumstances. The experienced Newport Beach construction accident lawyers at Bentley & More LLP can help you decide whether it is in your best interest to accept a pending settlement offer or take your case to a jury trial or binding arbitration hearing.
Recoverable Damages in Third-Party Construction Accident Claims and Lawsuits
If you file a third-party claim or lawsuit against a negligent party, you may be eligible to recover additional monetary damages on top of your workers’ compensation benefits. When assessing the types and amounts of damages to award you, insurance companies may consider whether or not you recover monetary compensation as part of your workers’ compensation case.
Additional monetary damages that accident victims can recover as part of a third-party claim or lawsuit include compensation for:
- Past and anticipated pain and suffering
- Mental distress and emotional anguish
- Loss of the ability to use a body part due to the injury
- Lost quality of life
- Permanent disability or disfigurement
- Loss of spousal companionship
Just as with any other third-party claim, you have the option of filing your case in the court system if the insurance company will not compensate you fairly.
Let the experienced Newport Beach construction accident lawyers at Bentley & More LLP work to maximize the monetary recovery you receive in the third-party portion of your construction accident case.
Contact a Newport Beach Construction Accident Lawyer Today
Greg Bentley & Keith More, Construction Accident Lawyers
If you sustained injuries in an accident on a construction site, you should take the necessary legal steps as soon as possible after your accident. Failing to act promptly may preclude you from recovering any monetary compensation for your injuries and other losses. For more information, reach out to a Newport Beach personal injury lawyer.
At Bentley & More LLP, our legal team has the knowledge and skills necessary to recover favorable workers’ compensation benefits and/or favorable third-party compensation on your behalf. We can help you make intelligent, informed decisions throughout every portion of your case and work to maximize your total recovery. We can do all this for you while you focus on what’s important, recovering from your injuries.
For a free case evaluation and legal consultation with our Newport Beach construction accident attorneys, please call us at (949) 870-3800 or contact us online.
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Bentley & More LLP – Newport Beach Office
4931 Birch Street
Newport Beach, CA 92660
Phone: (949) 870-3800