Fresno Construction Accident Lawyer
Construction Accident Attorney in Fresno, California
Construction sites are among the most dangerous workplaces in the country. Every day, workers are exposed to heavy machinery, hazardous materials, and the risk of falling from significant heights. Despite strict regulations, accidents still occur, often due to negligence or unsafe practices. When you or someone you know is injured in a construction accident, it can result in significant physical, emotional, and financial consequences. In California, injured workers may have legal options to secure compensation, but navigating these avenues requires a thorough understanding of state laws and the specific circumstances surrounding the incident.
At Setareh Law, we understand the challenges construction accident victims face. Workers and their families often feel overwhelmed, especially when dealing with medical bills, lost income, and insurance companies. Our team has extensive experience helping construction accident victims throughout California recover the compensation they deserve. If you’ve been hurt in a construction accident, we can help you explore your legal options and provide you with the guidance and support you need.
What is a Construction Accident?
A construction accident refers to any incident that occurs on a construction site, resulting in injury or death to a construction worker, bystander, or other individual. These accidents can be caused by a variety of factors, including equipment malfunctions, falls from heights, electrocution, and exposure to hazardous materials. The consequences of construction accidents can be devastating, leading to serious injuries, lost wages, and even fatalities. Construction sites are inherently dangerous environments, and despite safety regulations, accidents can and do happen. Understanding what constitutes a construction accident is the first step in recognizing the risks and taking appropriate measures to protect yourself and your colleagues.
Common Causes of Construction Accidents
Construction accidents can happen for many reasons, and often, multiple parties may share responsibility. Unsafe working conditions, equipment failures, and human error are some of the most common causes. California law requires employers to follow Occupational Safety and Health Administration (OSHA) regulations and take all reasonable steps to keep worksites safe. When they fail to meet these requirements, accidents are more likely to happen. A construction company plays a crucial role in maintaining safety standards, and their negligence can lead to serious legal ramifications if a bystander or worker gets injured.
One leading cause of construction accidents is the lack of proper safety equipment. Workers who are not provided with hard hats, harnesses, or other essential safety gear are at a higher risk of serious injury. Similarly, improper training can leave workers unprepared to handle the demands of the job safely. Employers have a duty to ensure their teams are trained in the safe operation of equipment and proper procedures for working in high-risk environments.
Another common issue is poor site management. Hazards like unstable scaffolding, exposed wiring, and improperly stored materials can quickly lead to accidents. In some cases, third-party contractors may be involved, complicating questions of liability. Understanding who is responsible for the unsafe conditions is key to pursuing a successful claim.
Common Injuries in Construction Accidents
Construction accidents can result in a wide range of injuries, each with its own set of challenges and recovery processes. Some of the most common injuries include:
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Head and Brain Injuries: These can range from concussions to traumatic brain injuries, often resulting from falls or being struck by objects.
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Spinal Cord Injuries: These injuries can lead to partial or complete paralysis, significantly impacting the victim’s quality of life.
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Broken Bones and Fractures: Common in falls and equipment-related accidents, these injuries can require extensive medical treatment and rehabilitation.
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Soft Tissue Injuries: Sprains, strains, and tears can occur from overexertion or improper lifting techniques.
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Amputations: Severe accidents involving machinery can result in the loss of limbs, necessitating long-term care and prosthetics.
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Electrocution and Electrical Shock: Contact with live wires or faulty electrical systems can cause serious burns and cardiac issues.
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Burns and Scalds: Exposure to fire, hot surfaces, or chemicals can result in painful and disfiguring injuries.
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Respiratory Problems: Long-term exposure to hazardous materials like asbestos and silica dust can lead to chronic respiratory conditions such as asbestosis and silicosis.
These injuries can be life-altering, requiring extensive medical treatment, rehabilitation, and sometimes lifelong care. It’s crucial for construction workers to be aware of these risks and take all necessary precautions to protect themselves.
Who Is Liable for Construction Accidents?
Determining liability for a construction accident can be complicated. Multiple parties, including employers, contractors, property owners, or equipment manufacturers, could all be partially at fault. In California, workers’ compensation laws protect employees by providing benefits regardless of fault, but workers’ compensation may not always cover all damages, such as pain and suffering or future medical expenses. Hiring a specialized attorney after a construction site accident is crucial to navigate the complexities of compensation claims and ensure all liable parties are held accountable.
In some cases, injured workers can file a third-party claim against a negligent party other than their employer. For example, if a defective piece of equipment caused the accident, the manufacturer might be held liable. Similarly, if a subcontractor’s negligence created unsafe conditions, they could be sued for damages. Investigating the circumstances of the accident is essential to identify all potentially liable parties.
California also follows the doctrine of comparative negligence, which means liability can be divided among multiple parties, including the injured worker. For example, if the worker is found partially responsible for the accident, their compensation may be reduced proportionately. A thorough legal evaluation can help you understand how these laws apply to your situation and identify the best path forward.
Compensation Available in Construction Accident Cases
The damages available in a construction accident case depend on the nature of the injuries and the circumstances of the accident. Workers’ compensation benefits typically cover medical expenses, temporary disability, and a portion of lost wages. However, these benefits are often limited and may not fully address the long-term impact of serious injuries. In situations where workers’ compensation is insufficient, a personal injury claim may provide additional compensation.
Through a personal injury lawsuit, injured workers may be able to recover for non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life. Economic damages, like future medical expenses and the loss of earning capacity, can also be pursued. Unlike workers’ compensation claims, these lawsuits allow for a broader range of recovery.
It’s also worth noting families of workers who suffer fatal injuries in construction accidents may pursue wrongful death claims. These claims can provide compensation for funeral expenses, loss of financial support, and other damages. Whether pursuing a personal injury or wrongful death claim, it’s essential to act quickly, as California law imposes strict deadlines for filing these lawsuits.
Statute of Limitations for Construction Accident Cases
In California, the statute of limitations for construction accident cases is two years from the date of the accident. This means you have two years to file a personal injury lawsuit against the responsible parties. However, there are exceptions to this rule, and the statute of limitations may be tolled in certain circumstances, such as when the injury is not immediately discovered.
It’s crucial to act quickly and consult with an experienced construction accident lawyer to understand the specific deadlines and ensure that your rights are protected. Missing the statute of limitations can result in losing your right to pursue compensation, so timely legal advice is essential.
By following these guidelines and seeking professional legal assistance, you can navigate the aftermath of a construction accident more effectively and work towards securing the compensation you need for your recovery.
Why Choose Setareh Law for Your Case?
At Setareh Law, we are committed to fighting for construction accident victims and their families. Our team understands the complexities of construction accident cases, from navigating workers’ compensation claims to identifying liable third parties in personal injury lawsuits. We pride ourselves on providing personalized attention and aggressive representation to help our clients secure the maximum compensation possible.
Unlike insurance companies or large corporations, our focus is on protecting your rights and holding negligent parties accountable. We handle cases on a contingency fee basis, which means you won’t owe us anything unless we win your case. Let us handle the legal complexities so you can focus on your recovery. Contact us today at (559) 354-1046 or through our contact form to schedule your free consultation.
Schedule a Consult at Our Fresno Location
Setareh Law, APLC
4005 N Blackstone Ave #101A
Fresno, CA 93726
(559) 212-3708
