While you may think construction accidents only pertain to serious injuries from heavy machinery or falling from great heights, the truth is that there are any number of reasons why a worker could get injured on site.
Construction accidents are more complicated than other forms of injury because of the legality surrounding them. Contractors and subcontractors have their requirements regarding workers’ compensation. If you get injured on the jobsite, you need experienced San Luis Obispo personal injury attorneys who can make sure you get the compensation you deserve.
How Ernst Law Group can help
When you’ve been injured on a construction site, you need a law firm that understands the complexities of California construction accident claims. At Ernst Law Group, we bring decades of experience, a deep knowledge of construction law, and a track record of success in securing compensation for injured workers and their families.
Proven experience in construction accident cases
Our team has handled a wide range of construction accident claims, from falls and scaffolding collapses to equipment malfunctions and electrocutions. We know how to investigate these cases, identify liable parties, and fight for the maximum compensation you deserve.
In-depth legal and industry expertise
Construction accidents involve multiple layers of liability, from negligent contractors to third-party manufacturers of defective equipment. Our attorneys have the legal and industry knowledge needed to navigate these complexities and hold the right parties accountable.
California-specific knowledge
Construction laws vary by state, and California has some of the most detailed regulations protecting workers. We are well-versed in both state and federal safety laws, including Cal/OSHA regulations, and we use that knowledge to build strong cases for our clients.
Liability in construction accident cases
Liability in construction accident cases can be complex, as multiple parties may be responsible for a worker’s injuries. Depending on the circumstances, liability may fall on general contractors, subcontractors, property owners, equipment manufacturers, or even third-party vendors.
California law requires employers and site managers to maintain safe working conditions, but violations of safety regulations, defective equipment, or negligent oversight can all lead to serious accidents. In some cases, injured workers may have a claim beyond workers’ compensation, allowing them to pursue additional damages through a personal injury lawsuit.
Proving liability often requires a thorough investigation, expert testimony, and a deep understanding of construction industry standards and legal requirements. At Ernst Law Group, we have the experience and resources to identify responsible parties and build strong cases for our clients, ensuring they receive the compensation they deserve.
The most types of construction accidents
Whether by your negligence or someone else’s, getting injured on the jobsite can seriously hinder your ability to work and provide for your family. There are common injuries that can be avoided, however. These are the most common claims, according to the Occupational Safety and Health Administration, or OSHA.
- Improper fall protection
- Accidents resulting from poor communication
- Scaffolding accidents
- Improper respiratory protection
- Accidents with industrial trucks
- Improper lockout/tagout procedures
- Ladder accidents
- Electrical wiring accidents
- Improper machine guarding
- General electrical injuries
What compensation are you entitled to after a construction accident?
Victims of construction accidents in California may be entitled to various forms of compensation depending on the circumstances of their case. Workers injured on the job can typically receive workers’ compensation benefits, which may cover medical expenses, lost wages, and disability benefits.
However, when a third party—such as a contractor, property owner, or equipment manufacturer—is responsible for the accident, injured workers may also pursue a personal injury lawsuit for additional damages. This can include compensation for pain and suffering, loss of future earnings, rehabilitation costs, and emotional distress.
In cases of extreme negligence or misconduct, punitive damages may also be awarded. If the accident results in a fatality, the victim’s family may be able to file a wrongful death claim, seeking compensation for funeral expenses, loss of financial support, and loss of companionship.
Determining the full value of a claim requires a detailed evaluation of medical records, accident reports, and long-term financial impact, which is why working with an experienced construction accident attorney at Ernst Law Group is essential to maximizing recovery.
Workers’ compensation and construction accident cases
California workers’ compensation laws are incredibly complicated and full of loopholes. One of the most important things to remember is the difference between an employee and an independent contractor. If you work as a contractor, the entity who hires you is not required to carry workers’ compensation, insurance or any other protection.
You can carry your insurance as an independent contractor; in fact, it’s encouraged. That may help if you become injured. But whether you are working as a contractor or as an employee, the insurance agency that covers you will do everything it can to avoid paying you what you deserve for your injury. An experienced San Luis Obispo construction accident attorney can fight against the insurance companies to make sure you get full compensation.
What is the statute of limitations for a construction accident?
In California, the statute of limitations for filing a construction accident claim depends on the type of case. If you are pursuing a personal injury lawsuit against a negligent party, you generally have two years from the date of the accident to file a claim. If the accident resulted in a wrongful death, the two-year deadline typically begins on the date of death.
However, if your claim involves a government entity—such as a city or county responsible for a hazardous construction site—you must file an administrative claim within six months of the incident. Workers’ compensation claims also have their own deadlines, requiring injured workers to report the injury to their employer within 30 days and file a claim within one year in most cases.
Missing these deadlines can bar you from recovering compensation, which is why it’s crucial to consult with an experienced construction accident attorney as soon as possible. At Ernst Law Group, we ensure our clients’ claims are filed on time and pursue every available legal avenue to secure the compensation they deserve.
Contact a San Luis Obispo construction accident attorney with Ernst Law Group
If you have been injured on a jobsite, fighting for full compensation is likely the last thing you want to think about. This is especially true if you have been hospitalized due to your injuries. Yet, suddenly, you find yourself unable to work. Medical bills pile up on top of everything else, all while the insurance company offers a measly sum that may barely cover the overpriced aspirin the hospital gave you.
The Ernst Law Group can negotiate with the insurance company to make sure you are fully covered for lost wages, medical expenses, and possibly even pain and suffering. You don’t have to go at it alone. Give us a call today for a free consultation.
