Because construction sites are so dangerous, those working in the construction industry should receive training to limit the risk of catastrophic accidents and injuries. Even with the proper training and resources, however, accidents still happen frequently.
If you sustained injuries after a construction accident, our San Mateo construction accident lawyers can provide legal guidance.
The legal team at San Mateo construction accident attorneys has extensive experience helping clients injured in construction site accidents get the compensation they deserve. We stand up for the compensation our clients deserve, and we obtained nearly $1 million for a client initially offered only $20,000 from the insurance company.
Many lawyers don’t understand the construction industry, but we know how to fight for your rights, and we’re interested in hearing your story—contact us today. We stand up to large construction companies and other liable parties for our clients, and we can help you.
Types of Claims Resulting from Construction Accidents
Construction sites, while necessary, are risky environments. Every day, construction workers head to the job site, constantly fearing one wrong move can mean disaster. They might be working on a San Mateo Highway 101 road project or major commercial builds for DPR Construction, Hillhouse Construction Company, or South Bay Construction. The risks are always the same.
The type of claim you may have after a construction accident will revolve around the facts of your case.
Some of the typical claims stemming from construction accidents include:
- Premises liability
- Workers’ compensation
- Wrongful death
After your accident, consult our qualified construction accident attorneys. We can guide you to financial recovery.
OSHA Standards for Construction Sites
Construction sites are inherently dangerous for construction workers and others in the area. Therefore, the Occupational Safety and Health Administration (OSHA) heavily regulates the construction industry to help minimize accidents and injuries.
OSHA provides many guidelines for those in the construction industry, including regulations regarding:
- Personal protection for construction workers
- Fire protection and prevention
- Heavy machinery
- Electrical systems
- Maintenance of equipment
- Fall protection
Unfortunately, violations of these regulations are common on construction sites, leading to accidents and injuries.
Types of Construction Accidents
The many accidents on construction sites may include:
- Fires and explosions
- Heavy equipment
- Exposure to toxic fumes
Moreover, construction site accidents occur because of:
- Lack of employee training
- Unsafe equipment
- Human error
- Lack of protection for employees
- Malfunctioning machinery
- Improperly maintained equipment
- Unsafe working environment
Many times, accidents on construction sites happen through no fault of the employee.
The “Fatal Four”
According to OSHA, four accidents, known as “the fatal four,” are most prevalent on construction sites:
- Falls: Falls are the most commonly experienced accident on construction sites. Construction sites need safety equipment for workers, but it often fails or employers don't make it readily available for workers.
- Struck by: Objects frequently fall or swing into workers on construction sites.
- Electrocution: Workers face many risks on construction sites due to exposed wiring and wet conditions around electrical equipment.
- Caught in/between: Workers can easily be caught in or caught between machines, equipment, or tools.
Due to the frequency of the fatal four, OSHA even provides training regarding the four greatest hazards on construction sites to help minimize the number of incidents.
Common Construction Accident Injuries
Injuries resulting from construction site accidents can be particularly severe.
The most common injuries include:
- Broken bones
- Crushed limbs requiring amputation
- Traumatic Brain Injuries (TBIs)
- Vision and/or hearing loss
- Spinal cord injuries and paralysis
- Internal injuries
In the more severe cases, a construction accident can result in the victim's death. If there is a death, the victim's family can file a wrongful death lawsuit to recover compensation for their loss.
If you’ve sustained injuries after a construction accident, do not hesitate to discuss your case with a lawyer right away.
Who is Liable for a Construction Accident in San Mateo?
Construction accident cases are complex. Determining liability is often one of the most difficult parts of these cases, as multiple individuals or entities can be at fault.
Parties frequently found liable for construction accidents include:
- The owner of the construction site or property
- The construction company owner
- General contractors or subcontractors
- Manufacturers of construction machinery or equipment
To recover for your injuries, not only must you identify the liable parties, but you must also prove their liability. Proving liability involves establishing the person or entity’s negligence.
Establishing negligence involves proving:
- The party owed you a duty of care
- The party’s action or inaction breached this duty of care
- This breach of care was the cause of your accident
- You suffered losses as a result
Proving a party's negligence can present tough challenges, but a San Mateo construction accident lawyer has the knowledge and resources to handle this critical step in your case.
Workers’ Compensation Claims for Construction Accidents
Workers’ compensation is a type of no-fault insurance protecting employees in the event of a workplace accident. This type of insurance is no-fault, meaning you have no burden of proving your employer did anything wrong to be entitled to receive benefits.
Workers' comp provides various benefits, including coverage for medical costs and ongoing medical care, lost wages, and disability benefits. If the victim dies in a work accident, their families can receive death benefits.
If a construction accident injured you, you may file a workers' compensation claim. Workers' comp benefits are limited, however, and may not cover all your damages. Under certain circumstances, you may be eligible to file a lawsuit for compensation.
Third-Party Negligence Claims for Construction Accidents
When you’re covered by workers’ compensation insurance and suffer injuries at work, you cannot file a lawsuit against your employer. Receiving workers’ comp benefits is your only remedy.
In some cases, a party that is not your employer may have played a role in your accident and resulting injuries. If this is the case, you might file a third-party negligence claim to receive compensation for your losses.
If you can file a third-party negligence claim, you may recover far more than what you will receive with a workers' compensation claim. While determining who caused your construction accident presents challenges, a construction accident lawyer can pursue the compensation you deserve.
Claims for Non-Workers
Because construction sites pose risks to everyone around them, non-construction workers can suffer accidents and resulting injuries. It is not uncommon for innocent victims to sustain injuries from falling objects, slipping on unmarked areas, or the like.
Just like construction workers are entitled to receive compensation or benefits for their losses, non-workers can do the same. Innocent victims can recover from liable parties.
If you've suffered harm at a construction site, discuss your case with a construction accident lawyer in San Mateo as soon as possible to begin working on your claim.
Compensation for Construction Accident Claims in California
Construction accidents and resulting injuries will undoubtedly put you under financial strain. Seeking damages for your losses can help alleviate some of the pressure and help you focus solely on your physical recovery
Damages for construction accidents in San Mateo compensate you for the losses resulting from your accident, both tangible and intangible.
They can include:
- Medical expenses - both past and future
- Rehabilitation costs
- Lost wages
- Lost earning capacity
- Pain and suffering
- Mental and emotional distress
- Permanent disability
Calculating the value of your case is difficult, as you are likely unsure of what type of damages you’re can pursue. A construction accident lawyer in San Mateo will consider the details of your case to calculate the appropriate amount of damages. They will then work diligently to get you the financial recovery you deserve.
How Much Is My Construction Accident Case Worth?
There is no average settlement amount for construction accident cases, as each case is different from the others. How much your case is worth will depend on the facts surrounding your circumstances.
Many factors influence the value of your case, including:
- Your age and health at the time of the accident
- The severity of your injuries
- How long it will take to recover from your injuries
- Whether there is any permanent disability or disfigurement
- The total amount of lost wages
- The cost of all medical treatment
- Whether you will require continued medical care in the future
Your construction accident lawyer will need to consider these and many other details when ascertaining the true value of your case. While it is difficult to assign a dollar amount to your case, it is necessary when pursuing compensation for your losses.
San Mateo Construction Accident FAQs
What Is the Statute of Limitations for Construction Accident Claims in California?
If you’re eligible to file a claim for damages after your construction accident, there is a limit on the amount of time you have. A statute of limitations is a law that imposes a strict time constraint on a plaintiff’s ability to file a lawsuit.
In California, the statute of limitations for construction accidents is two years from the date of the accident. If you fail to file your lawsuit within the prescribed time, you forfeit your right to compensation.
While you can file a claim after the clock runs out, the court will probably grant the defendant's motion to dismiss.
Don't lose your right to pursue the financial recovery you need. Consult our construction accident lawyers right away to begin working on your case.
What Should I Do After a Construction Accident?
Construction accidents are scary and stressful, but stay as calm as possible and follow these steps to protect your right to benefits and compensation
Seek Medical Attention
Always put your health and safety first and seek medical attention right away. If you've sustained serious injuries, you will receive emergency medical treatment at the scene. Either way, follow up with your physician to better understand the extent of your injuries and begin treatment.
No matter the route you take to get compensation for your injuries, you'll need thorough medical records. You must follow through with treatment. Also, document how you're feeling and take photos of your injuries.
Notify Your Employer
After you’ve taken care of yourself first, provide your employer with details of your accident. You must notify your employer, as they must take certain steps when a construction accident occurs.
Reporting your accident is also necessary for workers’ compensation claims and can help validate your other claims.
Gather Evidence and Information
Collecting as much data and evidence as possible can help you build a strong case.
This can include:
- Witness information
- Documentation of lost time at work and lost wages
- Medical documentation
Even if you cannot gather some of this evidence yourself, ask a coworker to help you, as it can help your claim greatly.
Consult Our San Mateo Construction Accident Lawyers Today
Experiencing a construction accident can be life-altering. Fortunately, you don’t have to handle your case on your own. A qualified San Mateo construction accident lawyer can help get you on the road to financial recovery.
Galine, Frye, Fitting & Frangos, LLP has over 75 years of combined experience helping injured clients seek compensation for their losses. We fully understand what it takes to build your case and fight fiercely for your right to recovery. Construction accident cases can be involved and time-consuming, but our team will do whatever is necessary to get you the fairest possible outcome.