Review by Adrianos Facchetti, Esq., California State Bar No. 243213. This page was evaluated for California personal injury accuracy, legal clarity, and usefulness for those injured in construction accidents in Van Nuys. Adrianos Facchetti is licensed in California. You can check Adrianos Facchetti’s license through the California State Bar attorney search.
Injured on a Van Nuys Construction Site?
A Van Nuys construction accident lawyer can determine whether you have a claim involving workers’ compensation, a third-party personal injury lawsuit, or both. Construction accidents are generally more complex than standard injury cases due to the fact that there might be one or several companies involved, including the direct employer, a subcontractor, a property owner, a general contractor, an equipment manufacturer, or any other company present at the job site.
The Law Offices of Adrianos Facchetti, Accident & Injury Lawyer, represents construction workers, subcontractors, and visitors who have been injured in Van Nuys and the San Fernando Valley, including locations near Sherman Way, Sepulveda Boulevard, and the construction zones close to the San Diego Freeway. As a Van Nuys personal injury attorney, we know how fast evidence can disappear from a job site after an accident equipment moves, a hazard is corrected, and an investigation has to take place before it happens.
Workers’ Comp Claims and Third-Party Lawsuits in Relation to Construction Site Accidents
These two avenues are quite distinct from each other, and which avenue or both of these apply to your case makes all the difference.
The workers’ compensation benefit covers the employee who got hurt on duty without the need of demonstrating that his or her employer was at fault. This benefit includes medical services and temporary disabilities as well as the provision of some percentage of the salary. Usually, filing workers’ compensation prevents workers from filing a legal action against the employer for work-related accidents due to the very nature of workers’ comp.
On the other hand, a third-party personal injury claim is made when an accident occurs due to the actions of someone outside of your employer (subcontractor, property owner, general contractor, manufacturer of the equipment, etc.). The third-party claim allows for the recovery of the compensation for damages that are not covered by workers’ compensation.
One needs to be careful about this point, as people tend to think that there is no other way but a workers’ compensation claim in the cases where they were injured.
Who is Responsible After a Construction Accident?
The person responsible for an accident does not usually only involve a single entity, and the true determination can be made after close examination of the facts of the case.
- A subcontractor, if he or she caused the hazardous condition leading to the injury through work
- A general contractor, as the one who normally assumes total responsibility of the site
- The property owner, if any dangerous condition on his or her property led to the accident
- A construction site manager, if there was no proper supervision or enforcement of safety measures
- The manufacturer of the equipment, if a defective machine caused the injury
- The company responsible for maintaining the equipment
- The delivery company whose delivery vehicle or personnel caused the injury
- Any driver going in and out of the construction site if he or she was the one who caused a vehicle-related accident
- Any other entity on the construction site, depending on its role
- The government agency in exceptional cases
It all depends on the controller of the particular work area, what caused the hazard, who knew about the danger, and whether a third party caused the accident along with your immediate employer. In case of a property defect, you may wish to read our Van Nuys premises liability lawyer guide page.
Common Injuries from Construction Accidents
The fact that construction worksites make use of heavy machinery, high-altitude activities, and strenuous labor means that there is some risk of an accident occurring.
- Bones broken
- Crush injury
- Laceration
- Burn
- Electrical shock injury
- Injury to brain
- Injury to spinal cord
- Back and neck injury
- Eye injury
- Shoulder and knee injury
- Internal injuries
- Amputation
- Fatal injury
In the case where a fatal injury takes place due to a construction accident, you may refer to our Van Nuys wrongful death attorney resource, as such construction accident fatalities usually constitute both workers’ comp death benefits and a wrongful death lawsuit.
How to Proceed after an Injury in Van Nuys at a Construction Site
There are actions which will be taken shortly after a job-site accident that will impact both the victim’s recovery and his or her legal options down the road, either through workers’ comp or a third party lawsuit.
- Seek medical attention immediately. There are many injuries which are not immediately apparent at the time of the accident, especially in the case of injuries sustained by falls or equipment malfunctions.
- Report the injury to a supervisor, foreman, or site manager. This establishes the record and is usually necessary before commencing a workers’ comp claim.
- Have the incident put in writing. While verbal claims will also work, it becomes much harder to prove them later on.
- Take pictures of the equipment involved, the hazard, the layout of the site, and any visible injuries if this is possible and safe. Sites can change very quickly and capturing these conditions is important.
- Obtain the names and contact information of any witnesses. These witnesses may prove hard to track down after a project ends.
- Keep all of your medical documents, restrictions, pay stubs, and insurance correspondence. Anything relating to the claim should be saved.
- Do not sign any broad release forms or settlements before knowing exactly what rights you might be giving up.
All of these steps are quite simple, requiring only some basic thought and effort rather than any kind of specialized knowledge or skill.
Types of Evidence That Can Assist in Supporting Your Claim
When preparing your case involving a construction accident, the key aspect lies in documenting the relevant evidence, and you need to be aware of what types of evidence should be gathered in advance.
- Incident report
- Medical documents
- Pictures of the hazard
- Pictures of the equipment
- Pictures of any visible injuries
- Statements from witnesses
- Safety documentation of the job site
- Subcontractor documents
- Documentation of the construction site
- Maintenance documents
- Equipment manual
- Inspection documents
- Surveillance video
- Wage documents
- Workers’ compensation documents
- Insurance communications
A construction site is not static; equipment is replaced, hazards are removed, and workers are assigned elsewhere. Therefore, it is necessary to collect evidence before it becomes unavailable.
How Insurance Companies Might React
Construction accident insurance companies, whether it’s a workers’ compensation insurance company or a liability insurance company for a third party, will usually put up the same types of defenses.
A company might defend itself against your claim by claiming the injury is not work-related at all. It could claim that the particular third party that caused your injury is not liable because the danger is not something that he or she should have known about. It may deny how serious the injury really is. Or, they may try to reach a settlement quickly while it is not known what the long-term implications of the injury will be. In situations where there are multiple insurance companies involved, they may try to pass the buck among themselves and point fingers.
Good records from the beginning will help sort out the true facts of the case.
What Compensation Might Be Available in a Construction Accident Case
The possibilities actually available would depend on whether your accident falls under a workers’ comp claim, a third-party claim, or a combination of both. Some of the compensation might be for the following items depending on your situation:
- Emergency treatment
- Medical expenses
- Surgeries
- Rehabilitation
- Physical Therapy
- Future Medical Costs
- Disability benefits if your accident was covered by worker’s comp
- Loss of income
- Impaired ability to earn
- Pain and suffering if it was a third-party claim
- Mental anguish if it was a third-party claim
- Expenses
- Wrongful Death Compensation if the accident resulted in death
Again, there is no one answer that applies to every situation.
Possible California Deadlines Applicable To Your Case
Various deadlines may be applicable for different cases, whether they include workers’ compensation claims or third-party liability for personal injury or both.
The deadline to file a personal injury claim against a third party is generally two years according to California Code of Civil Procedure § 335.1. For a public entity, the period of time could be much shorter (six months).
There are various deadlines for workplace injury reporting and workers’ compensation claims. The timely filing and submission of required documents is important because it allows receiving all possible benefits even if the deadline hasn’t expired yet. You can find more information about the process of filing a workers’ compensation claim at the website of the California Division of Workers’ Compensation.
It is important to gather evidence early regardless of the applicable deadlines because the job site changes rapidly, equipment can be taken away or repaired, and witnesses become unavailable with the passing of time.
How Attorney Adrianos Facchetti Reviews Construction Accident Cases
Each case begins with the recognition of your unique status at the job site, because whether you were an employee, subcontractor, visitor, pedestrian, or just a spectator will be a deciding factor of the kind of claim that could be brought against your employer.
Next, we analyze the exact location of the accident and the party that had control over the particular working space where the incident took place. We find out the equipment/hazard involved in the injury and determine if subcontractors, property owners, vendors, drivers, or manufacturers of such equipment contributed to the cause of the accident independently of your employer. We review the medical records and learn about the full scope of your injuries, and we establish whether your injuries fall under workers’ compensation benefits and if there could be an independent third-party claim.
During the whole process, we ensure the right deadlines are recognized, as the timelines for filing workers’ compensation claims and those for filing third-party claims are not always compatible.
Speak to a Van Nuys Construction Accident Attorney
Have an attorney determine which type of personal injury claim applies to your situation, be it a workers’ comp case or a third-party liability lawsuit, before any potential evidence from the construction site gets lost. The initial phone call is free of charge.
Our firm provides free consultations at no upfront cost to you and no attorney fees if we do not collect compensation for your losses. While we cannot tell you how your case will resolve without first learning the details, we can offer a straightforward assessment of your case. Contact us through our web page.
