Construction is a dangerous profession. Each year, many employees sustain serious injuries on construction sites, including broken bones, brain trauma, spinal cord damage, and amputation injuries. In many cases, these injuries are fatal. If you are injured on a Fresno construction site, you may be eligible for financial compensation. In these situations, the lawyers at Freedman Law can fight for your right to recovery. Our Fresno construction site accident lawyers can represent your lawsuit or workers’ compensation claim and secure the settlement that you deserve.
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Construction Site Accident Statistics
How Much is My Fresno Construction Accident Case Worth?
Workers’ Compensation for Fresno Construction Site Injuries
Can You File a Lawsuit for a Construction Site Injury?
What Are Common Construction Site Injuries?
What Should I Do if I See Unsafe Working Conditions?
What to Do After a Construction Site Accident
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According to the Occupational Safety and Health Administration (OSHA), approximately 20 percent of private industry worker deaths in 2019 were in construction. During that year, every one out of five employee deaths involved a construction worker.
The Centers for Disease Control and Prevention (CDC) provides the following data on the most common causes of workplace fatalities for construction workers.
Construction site accidents can occur for a number of reasons, but human error is commonly a contributing factor. Worksite mistakes that can lead to serious or even lethal construction accidents include:
Although these are some of the most common reasons that construction accidents arise, negligence or an unsafe working environment can cause a number of other problems. There may also be an issue of liability if construction vehicles and trucks entering or exiting the workzone cause an increased risk to other motorists on the roadway. If you’re in an accident due to a construction vehicle, a Fresno truck accident attorney may be able to help. Speak to a construction site injury lawyer to determine whether there is a path to compensation for your accident.
To determine the actual value of your unique case, it is necessary to calculate the costs and losses of your construction accident injury. In a California personal injury case, there are two types of damages: economic and non-economic.
Economic damages refer to compensation for verifiable financial losses such as:
Non-economic damages refers to compensation for non-monetary, subjective losses such as:
In some instances, when a construction company or fellow employee’s reckless or negligent actions directly caused you harm, punitive damages may be pursuable. Punitive damages are considered punishment and may be awarded when the defendant’s conduct is found to be particularly harmful. Your Fresno construction accident lawyer can help you get a better sense of your case’s worth and help you decide what course of action you’d like to pursue.
If you sustained an injury while working on a Fresno construction site, you may be eligible for a workers’ compensation claim. All employers in California are required to purchase workers’ compensation insurance, regardless of their number of employees.
If you are injured while performing your job duties, you can file a workers’ compensation claim and recover benefits, regardless of fault or negligence. However, filing this type of claim will prevent you from pursuing a lawsuit against your employer over the same incident.
The types of workers’ compensation benefits available after a Fresno construction site injury generally include the following:
Reasonable medical treatment for your injury and related symptoms. Your employer’s insurer must pay up to $10,000 even if your workers’ comp claim is eventually denied. However, the treatment must meet the guidelines set by the DWC to be approved.
Typically two-thirds of your weekly wages while you are recovering.
Benefits if your doctor confirms you are unable to fully recover. The benefit amount will depend on your impairment level, age, and occupation.
Supplemental Job Displacement
If you cannot return to your same job position due to your injury, up to $6,000 may be available to pay for retraining or skill enhancement so you can work in a different position or job.
If a worker is killed, their family will receive up to $10,000 for burial expenses and benefits calculated based on the number of total and/or partial dependents.
In some cases, a construction site accident occurs due to another person or entity’s negligence.In cases involving defective products, you can hold the manufacturer, distributor, or retailer accountable through a product liability claim. You can also file a lawsuit against a coworker, contractor, vendor, or even your employer, as long as negligence is present. For example, a defective machinery lawsuit in Fresno can be filed if you were harmed by a malfunctioning or improperly manufactured item. A contractor or third party visiting the construction site may push you off scaffolding during a heated argument. Your employer may actively encourage unsafe work practices, putting you and your coworkers at risk of injury.
In these situations, you could file a lawsuit against the person or company responsible for the accident. If you believe that negligence contributed to your construction accident injury, you should speak to a lawyer about your legal options before filing a claim. A Fresno construction site accident attorney can evaluate your case and help you understand your optimal path to compensation.
Any accident on a construction site can cause catastrophic injuries, such as the following:
Should you lose a loved one to a preventable construction accident, the Fresno wrongful death lawyers at Freedman Law are ready to fight for justice for your family.
Take the following steps to report unsafe working conditions on a construction site in Fresno:
If you believe the unsafe working conditions are life-threatening, you may have the right to refuse to work. In these cases, it is best to immediately call your local OSHA office or the toll-free number (800)-321-OSHA. If your employer retaliates against you for refusing to work due to unsafe conditions, you may file a discrimination complaint. This can be done online or by contacting your local OSHA office, and in most cases, a complaint can be filed with both the state and federal OSHA.
A construction site accident can cause serious harm to you, another worker, or a loved one that works in the industry. In the event of an onsite incident, the following steps may be useful:
If you are injured while working on a construction site, the lawyers at Freedman Law can help you secure the compensation that you deserve. Reach out online or call us to schedule a consultation and discuss your next steps with a Fresno construction site accident lawyer.