Fresno Construction Accident Attorney

How Many Construction Worker Accidents are There in a Year?

According to the Occupational Safety and Health Administration (OSHA), one out of every 10 construction workers in the U.S. is injured on the job every year.

The construction industry is famously one of the most dangerous industries in California and throughout the United States. The Bureau of Labor Statistics reports that in 2004 alone, construction workers suffered nearly one-quarter of the nation’s work-related fatalities, in addition to 150,000 non-fatal work-related injuries and illnesses. This rate of injury was more than 70 percent higher than the average rate of work-related injury and illness for the American industry as a whole.

If you’ve been injured or made ill while working in the construction industry, it’s important to contact our firm as soon as you can to explore your legal options. Whether you’re employed full-time, part-time, or as an independent contractor, whether you’re a citizen, resident (documented or undocumented), or migrant, you deserve skilled, dedicated legal representation.

Our firm’s legal team would be honored to help you determine your next steps and to represent your interests moving forward. We are passionate about helping accident victims seek the compensation to which they’re entitled. Don’t wait to begin exploring your legal options, as you only have so long to file a claim before the law will bar you from seeking financial recovery.

What Are the First Steps You Should Take After Being Injured on a Construction Site?

Your first priority needs to be your health. If you haven’t yet sought medical attention for your injuries, do so now. If you require emergency care, head to the nearest hospital. If your injury doesn’t require emergency medical attention, it can be helpful to determine whether your workers’ compensation coverage (if applicable) requires you to see a specific doctor before you head in to get checked out.

Regardless of who treats you, make sure to be honest when they ask if your injury occurred on the job. Failure to answer this question honestly could impact your legal options moving forward.

Once you receive medical attention for your injuries, it’s time to connect with our firm to explore your legal options. This is a time-sensitive matter and should be treated with urgency. Similarly, if you feel comfortable doing so – even before you speak with us – you’ll want to file an accident report with your employer.

Why Should You Report Your Accident to Your Employer?

If you can, report your injury to your worksite manager right away. You may not be able to apply for certain kinds of compensation until an accident report has been filed with your employer.

Understandably, many construction workers fear that if they report a worksite accident, they will suffer negative consequences related to their employment. Know that it is illegal to retaliate against a worker – any worker – who reports an accident or submits a safety inspection request to a relevant local, state, or government agency.

However, if you’re concerned about retaliation, feel free to call our firm before you report your accident. We can advise you of your options and help you to protect your employment when reporting your injuries. You’ll want to call immediately though, as you have very little time following an accident to begin the claims process before legal restrictions will keep you from collecting the compensation you deserve.

Do You Need a Lawyer to File an Accident Claim?

Depending on your employment classification (employee vs. contractor) and the size of your employer’s operations, you may be eligible to file for workers’ compensation benefits in the wake of your construction injury.

Most employees are eligible for workers’ compensation benefits, although most independent contractors are not. However, independent contractors are sometimes misclassified and are actually eligible for workers’ comp benefits, even if they’re initially told that they’re ineligible for coverage. This is one of the many reasons why it’s important to consult with our firm before moving forward with a workers’ compensation claim or a third-party legal cause of action.

Your legal options may not be all that they seem at first. We can help you clarify what kinds of compensation you’re eligible for, the value of your case, and how to go about obtaining the maximum amount of compensation you’re due.

Even if you know that you’re eligible for workers’ compensation benefits, it’s still a good idea to consult with an attorney before filing a claim. Too often, workers’ compensation providers underpay claims in an effort to protect the company’s bottom line. We know how to get our clients’ claims processed effectively and efficiently.

Similarly, if you’re ineligible to file for workers’ compensation benefits, our team can assist you in filing a third-party lawsuit and/or insurance claim against those who caused your harm. You may even be eligible to file a third-party lawsuit if you’re eligible for workers’ compensation benefits, depending on the circumstances surrounding your accident.

Say that you were operating a crane when the crane malfunctioned and caused your injury. You may be able to receive both workers’ comp benefits and sue the manufacturer of the defective crane. No two construction cases unfold in exactly the same way. Take the time to seek a case evaluation before making assumptions about your legal options. You may be entitled to more compensation than you’re initially led to believe.

Does it Matter Whose Fault the Accident Was?

Workers’ compensation is a no-fault system. That means that, with very few exceptions, even if the accident that caused your injuries was your fault, if you’re covered under the workers’ compensation system, you’re entitled to benefits.

The notable exceptions to this rule come into play when accident victims are intoxicated while on the job, engineer an accident to benefit from access to injury-related compensation, and start a fight that ends in injury.

By contrast, fault matters when it comes to third-party personal injury lawsuits. You’ll only be able to recover in a third-party lawsuit if you weren’t at fault, or you were partially at fault but less so than someone else was.

For example, if your injuries were exacerbated by the fact that you weren’t wearing a certain kind of personal protective equipment that had been provided for you, you may be deemed to be partially at fault for the severity of the harm you’ve suffered. However, if it had not been for the defective crane, you wouldn’t have been hurt in the first place. In this scenario, you might be entitled to a little less compensation than you would have been, had you properly donned your PPE.

However, you’ll still likely be entitled to significant compensation from the manufacturer of the faulty crane.

What Are the Construction Industry’s Famous “Fatal Four”?

If you’re the loved one of a construction worker who lost their life on the job, you’re certainly not alone. In 2018 alone, the Occupational Safety and Health Administration reported nearly 5,000 work-related fatalities in the U.S. Of those fatalities, just over 21 percent occurred in the construction industry.

In addition to vehicle collisions, the construction industry suffers the most fatalities as a result of the “fatal four” scenarios outlined by OSHA:

• Falls, which account for roughly one-third of all construction-related fatalities
• Being fatally struck by an object
• Electrocution
• Being caught-in/between, compressed, or crushed by objects, equipment, or material

If you’ve lost a loved one as a result of a fatal four scenario or another construction-related injury or illness, please head to our wrongful death page to learn more about your legal options.

Who Is Responsible for Ensuring that My Worksite Is Safe?

Most of the time, both the owner of the property upon which construction is taking place and the job’s general contractor are responsible for ensuring worksite safety. Construction happens on both public and private land, so this responsibility may rest with municipalities and business owners in addition to contractors.

It’s important to understand that all workers in America, regardless of their immigration status, are entitled to a safe worksite. If you are concerned that your worksite is unsafe, our firm can help you to submit an anonymous complaint with the Occupational Safety and Health Administration.

This complaint process often leads to a worksite inspection process that can help to hold your employer and/or the property owner accountable for any safety violations occurring on the job. As these complaints are anonymous, your employer and the property owner never need to know that it was you who submitted a complaint, unless you choose to tell them that you were the safety whistleblower who alerted OSHA to your unsafe working conditions.

Which Construction Workers Are Most At-Risk for Job Site Injury?

Every construction-related job is dangerous, to some extent, as construction sites are inherently dangerous. However, some construction professionals are at particular risk for injury on the job. According to the U.S. Department of Labor, the top five most dangerous construction positions are:

• Construction Laborers
• First-Line Supervisors
• Roofers
• Electricians
• Carpenters

Regardless of your job title, if you’ve been injured while working construction, you’re not alone. Too often, construction workers are needlessly placed in unsafe positions that lead to injury. Our firm has extensive experience handling such cases and we’d be honored to help you navigate your legal options at this time.

Can You Do Anything to Strengthen Your Case at This Time?

If you’ve been treated medically for your injuries and reported your accident to the job site manager, you’ve already taken important steps to ensure that your legal options are preserved and your rights are protected. However, there are a few other things you can do in advance of your consultation with our firm to strengthen your case:

• Write down the names and contact information of anyone who witnessed your accident and/or helped you in the wake of your accident – include co-workers, bystanders, and treating physicians
• If you have pictures of the accident site and any equipment involved in your accident, bring them to your consultation
• Record or write down your memories of the events leading up to the accident, the accident itself and the immediate aftermath of the accident – these recollections will serve as a powerful reference for both you and our firm moving forward

Why Work with Our Firm on Your Construction Accident Case?

Our firm’s legal team has extensive experience handling construction accident cases. We understand how to successfully navigate both the workers’ compensation process and the process of filing third-party lawsuits in the wake of a construction site accident. We work diligently to ensure that our clients receive the maximum amount of compensation to which they’re entitled, regardless of their employment status, immigration status, and other personal details. Everyone who has been injured on the job is entitled to quality representation and a safer workspace moving forward. Allow us to take on the stresses of navigating your insurance and/or legal claims so that you can focus on recovering from your injuries. We look forward to speaking with you.