You were working hard, building up the community, and then suddenly everything changed. A fall, an equipment malfunction, a trench collapse, or other accident does not need to define your future. If this has happened to you, you need an El Cajon construction accident lawyer who can help you in your recovery journey.
A construction site is a dynamic and chaotic environment where dozens of people perform specialized, yet interdependent, jobs at once. The array of professionals working simultaneously may include project managers, supervisors, inspectors, heavy equipment operators, truck drivers, carpenters, electricians, and more.
Construction workers represented 43% of fatalities due to workplace accidents in the most recent Occupational Safety and Health Administration (OSHA) data for California. Although fatalities in construction hit a peak in 1994, the industry still has the second-highest number of work-related fatalities over the last ten years. OSHA highlights four accident types that are overwhelmingly responsible for construction fatalities, known as the Fatal Four. These are:
California law mandates that all construction employees, whether temporary, part-time, or full-time, be covered by workers’ compensation insurance. Workers’ compensation benefits can cover medical expenses, lost income, permanent disability, death benefits, and vocational rehabilitation. Workers’ compensation does not allow for damages related to pain and suffering.
Since construction sites are so complex, many injuries may qualify for both workers’ compensation and a civil third-party construction accident claim. A third-party claim can be against one or more additional parties who may be at fault for your injury. For example, a third party may be the building's owner, equipment manufacturer, general contractor, developer, landowner, or training company.
Bringing a construction accident claim against a liable third party gives you the opportunity to receive compensation that goes beyond what is provided by California workers’ compensation. You could recover economic damages and often non-economic damages.
Economic damages can include:
Non-economic damages can include:
The statute of limitations is a factor in any construction accident injury. For third-party personal injury claims, an injured employee has two years from the date of the injury to file a claim in California. If you are seeking workers’ compensation, you have one year from the date of the injury to file a claim. Due to these strict deadlines, you should work to protect your claim right away.
If you have been injured on a construction site in El Cajon, the actions you take immediately following the accident can impact your future claim. The very first thing you should do after your accident is to seek medical attention. Your health is the most important thing, and medical records can serve as vital evidence in the future.
When you can, notify your supervisor or employer about your accident and request a Workers’ Compensation Claim Form. You should also take photos and videos of the accident scene, your injuries, the equipment involved, and any visible hazards. If possible, gather contact information for any witnesses involved.
Reach out to an experienced construction accident lawyer at Mitchell Law Corporation for further guidance. As your local advocates, our team understands the Superior Court of California, County of San Diego, and the construction landscape of the El Cajon area, from Fletcher Hills to Granite Hills. We can review your accident, explain your rights, and map out a clear legal strategy to maximize your recovery.
At Mitchell Law Corporation, our firm understands the difficulty of enduring a serious injury. Our experienced team of attorneys can evaluate your case and determine what workers’ compensation benefits you may be able to recover. We can aggressively pursue maximum compensation while defending your interests every step of the way.
In El Cajon, a contractor can potentially recover compensation through a personal injury claim. Independent contractors are not typically eligible for coverage under an employer’s workers’ compensation insurance, which means they cannot file a workers’ compensation claim. However, injured contractors may be eligible for workers’ compensation if they work for a contract company. In addition, some employees may be misclassified as contractors.
While you typically can’t file a claim against your direct employer due to workers’ compensation rules, you can file a third-party claim against other negligent parties for your construction accident in El Cajon. This may include a general contractor, subcontractor, property owner or developer, equipment manufacturer, architect, or engineer, if they can be held liable for your injuries.
A workers’ compensation claim covers medical bills and lost wages, and employees can file for workers’ compensation without having to prove anyone was at fault for the accident. Workers’ compensation does not include compensation for pain and suffering. A third-party legal claim requires that you prove fault by a non-employer party. Workers can recover full damages, including pain and suffering, and full loss of future earnings.
The amount of time it may take to resolve your construction accident case in El Cajon depends on your case factors. A simple workers’ compensation claim can be resolved within several months, while a more complex third-party claim, involving multiple defendants, an extensive discovery process, and testimony from expert witnesses, can take years if the case goes to trial. Your lawyer can provide you with a realistic expectation for your unique case.
