Construction Accident Lawyers in San Marcos, California
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Construction is chief among the most danger-ridden occupations in the nation. Construction workers make up only 6 percent of the workforce in the United States, but the construction sector accounts for 20 percent of all work-related fatal injuries. It is easy to see why: Construction is a physically strenuous job that takes place around heavy equipment and materials; its employees often work high off the ground or over deep trenches.
When construction companies or their employees act negligently, serious accidents can lead to injuries, even death. Monetary compensation is an option for victims and their families, though. The Zinda Law Group can help victims of construction accidents in San Marcos who seek compensation.
If you or a loved one has been injured through a construction accident, call a lawyer at (800) 863-5312. You will be able to receive a free case evaluation from our experienced Zinda Law Group attorneys.
What kinds of injuries are common for construction workers?
The nature of construction lends itself to inherent dangers, and the ways you could injure yourself at a construction site are endless. Workers deal with heavy tools, equipment, and materials. They work from great heights, often standing on scaffolds or beams. The following are some of the most common ways that construction workers get injured.
Injuries from Equipment
If you work in construction, you are likely familiar with many kinds of equipment. Workers often use electrical and welding equipment, cutting tools, nail guns, and other power tools and equipment that can cause injuries. These injuries can range from minor cuts or bruises to much more serious harm.
Injuries from Falling
The most common construction-related fatal injuries are falls. Those employed in the industry may work on scaffolds or around deep trenches, conditions which are conducive to long falls. If the construction company did not clearly mark holes or trenches or did not securely harness workers on scaffolds, it may have been negligent.
Injuries from Construction Vehicles
Construction workers also drive or work around different types of vehicles. Accidents can stem from many factors surrounding the vehicles, including defective equipment, poor supervision, and inadequate training. Malfunctions and operator errors involving construction vehicles like forklifts can easily do grave damage. If you are in a forklift accident, a lawyer might be a good option for you.
As a construction worker, you are well aware that not only do you need to watch your footing so that you do not fall, but you also need to watch your head so that nothing falls on you. Cranes can be especially dangerous in this regard. Lawyers handling crane accidents have seen just how common it is for cranes to have been involved when workers were harmed on the job.
Since much construction work takes place outside, it is important to note that many injuries suffered by construction workers occur due to the environment. The average daily high temperature for San Marcos in August is around 96 degrees Fahrenheit. On the roof of a house or on a blacktop road, the temperature can feel much hotter since the dark surfaces absorb sunlight. Heat stroke can result from poor supervision or not paying close enough attention to your own bodily conditions.
Consequences of construction injuries
Serious construction injuries can devastate victims and their families for long periods after the accident occurs. These injuries can be both economic and non-economic.
If you have been injured at a construction site, you will likely want to know how much work you will miss during your recovery. You will also want to know how the costs of your injuries will affect you and your family financially. Hospitalization, rehabilitation, aftercare, and even reconstructive surgery might be necessary to properly address your injuries, and these economic costs add up quickly.
Construction accident victims also experience non-economic harm. This harm can take the form of physical pain and psychological stress. Family members of the victims may also have to share in some of the non-economic consequences of the accident.
For example, they may have to care for the injured relative and miss work by taking them to appointments and tending after them. In order to have the best chance of recovering for both economic and non-economic harms endured by your everyone in your immediate family, you might consider hiring a San Marcos personal injury lawyer.
What laws protect construction workers?
There are several laws to protect construction workers, but it is not always immediately clear which laws apply to which workers. You might be able to attribute an accident that occurs at a construction site to the negligence of more than one party, including the site operator and subcontracting firms. It is safe to assume that construction companies will hire representation to protect their own interests; in such instances, it is likely that the attorney for a construction company will try to place responsibility on the workers involved in the accident.
The Occupational Safety and Health Administration (OSHA) covers most private employers and workers through either Federal OSHA or through a state plan that has been approved by OSHA. For a state plan to be approved by OSHA, it must be at least as effective as Federal OSHA.
Your injury may have occurred because of an OSHA violation, such as not providing the proper personal protective equipment (PPE). You can access the full OSHA handbook on worker’s rights in order to view a comprehensive description of your specific rights in the workplace.
Worker’s compensation is a rule that allows employees to recover for work-related injuries without suing their employer. There are set monetary amounts that an employer must pay the employee based on the kind of injury the employee sustains. The tradeoff is that the employee usually cannot file a legal claim against the employer unless it is questionable whether the injury is truly work-related.
Texas is the only state that does not require employers to offer worker’s compensation. While that means that recovery might not be as straightforward and routine as it is in other states, it also means that your compensation can be more directly tailored to you, your injury, and the harms you suffered.
The complication of subcontractors and independent contractors
Sometimes it can be difficult for construction workers to even identify for whom they are working. You might be very familiar with the company that hired you, but your company may have been subcontracted by a different company contractor. Assume further that you are using equipment that belongs to the contractor, and that the equipment malfunctions and injures you. Who is responsible?
It is also very likely that you have been hired as an independent contractor. Construction companies often hire construction workers as independent contractors, and it can help the company avoid liability for your injuries if you become injured on the job.
For the sticky situations described above, it could be beneficial to work with someone who is familiar with the hiring mechanisms of construction companies. A skilled San Marcos lawyer could help you sort out these questions.
How a San Marcos personal Injury Lawyer can help you recover
It will be important for you to understand the rights to which you are entitled before you decide your course of action. In any legal action related to construction accidents, advice from a qualified attorney can be invaluable in protecting those rights.
Accident attorneys carefully evaluate the circumstances of the accident, the position of the worker, and the chance of compensation before beginning the process of litigation. Many cases end when the parties agree to an out-of-court settlement, but sometimes it is necessary to take the case to trial. A personal injury claim also requires much documentation, including a full account of the type of injury as well as the existing and anticipated medical costs.
Filing a Claim
A construction accident attorney can help you gather evidence to prepare to file your claim. He or she will know what kind of documentation you need and how to get it. The lawyer can also help by negotiating your claim for you and can attempt to get a settlement. If settlement is not possible, your attorney may decide to go to trial to get you adequate compensation.
You may also want to hire a lawyer so that he or she can help you get compensated. When you have suffered the consequences of your construction site injuries, you will want to recover not only for the economic damages you sustained but also for your pain and suffering. A lawyer has the expertise to determine what kind of compensation you should pursue based on your unique case.
OUR Zinda law group lawyers are here for you
It can be difficult to start a personal injury claim and even more difficult to fight for your rights when you are recovering from an injury. Skilled and compassionate lawyers can listen to you and try to get you the justice you deserve. Our experienced construction accident lawyers are ready to work for you.
Call the Zinda Law Group at (800) 863-5312 if you have been the victim of a construction accident to schedule your free consultation with a San Marcos lawyer. We have a No Win, No Fee Guarantee so you will not pay if we do not win your case for you.
Meetings with attorneys are available by appointment only.