Orange County Construction Accident Lawyer

Construction is an inherently dangerous industry for many reasons, and anyone working in the construction sector in Orange County must acknowledge the risks they face at work each day. They must also know their legal options for recovering from a work-related injury and how the workers’ compensation laws of the state can apply in these situations. If you or a family member recently suffered an injury from a construction accident, an Orange County construction accident attorney is the ideal resource to consult.

Legal Representation for Construction Accident Cases in Orange County, CA

Pratt Law Corporation has decades of professional experience in workers’ compensation law, and our firm has helped many past clients recover from all types of work-related injuries in Orange County. We know the various legal challenges you are likely to face as you approach the workers’ compensation claim filing process and how to resolve disputes that could arise over your claim. Our goal for every client in Orange County is to help them recover as fully as possible in the most efficient manner possible, and we are ready to leverage our resources and experience in your construction accident case.

Common Construction Accident Injuries

Construction is inherently dangerous for many reasons, and a few of the most commonly cited injuries in this sector of employment include:

• According to the Occupational Safety and Health Administration (OSHA), falls account for most of the fatal injuries reported in United States workplaces each year and are a major contributing factor to the total number of workplace injuries in construction.
• Injuries from heavy equipment and tools. Many construction workers must use specialized equipment to complete their work, and many of these devices are capable of inflicting devastating traumatic injuries.
• Vehicle accidents. Construction workers often use specialized vehicles like forklifts, excavators, and more, and when these vehicles have accidents, any workers involved can suffer severe injuries.
• Repetitive stress injuries. Construction is a physically demanding job, and many construction workers must use the same parts of their bodies every day. Over time they can develop various forms of soft tissue damage and other repetitive motion injuries that gradually increase in severity.
• Fatal injuries. Unfortunately, construction has one of the highest rates of workplace fatalities in all industries. If you have lost a loved one in a fatal construction accident in Orange County, you could be entitled to claim death benefits through their employer’s insurance carrier.

Filing Your Workers’ Compensation Claim in Orange County

California law requires every employer to have workers’ compensation insurance with minimal exceptions. If you work in the construction sector in Orange County, you are likely covered by your employer’s policy. When starting a new construction job, it is vital to ensure your employment has been accurately characterized, and if you have any questions about your eligibility to file a workers’ compensation claim, it’s important to discuss your concerns with an experienced attorney.

When a workplace injury occurs, or when an employee develops an illness or medical condition from their work, they have the right to file a workers’ compensation claim through their employer. An employer must handle this situation in good faith, and if your employer denies you access to workers’ compensation claim forms, interferes with your claim filing process in any way, or retaliates against you for asking to file a claim, it is crucial to speak with an Orange County construction accident attorney as soon as possible.

Your employer should create a formal incident report of your injury, explaining in detail how the injury occurred. This incident report will be an essential part of the claim determination process as their insurance carrier will want a detailed account of the injury. The injured worker can see any doctor for medical care in an emergency, but a formal medical examination from a workers’ compensation doctor is an essential part of the workers’ compensation claim filing process.

When you visit a workers’ compensation doctor in Orange County, they will assess the severity of your injury and assign you a disability rating of 1 to 100, indicating the level of harm you have suffered. This rating is one of the most important factors when it comes to determining how much you can receive in benefits. If you encounter any issues with the medical review process, or if you believe the doctor you visited unfairly assessed your condition, it is vital to speak with an experienced Orange County construction accident attorney as soon as possible.

Benefits Available Through Workers’ Compensation in Orange County

Workers’ compensation insurance benefits employers and employees. For employers, this insurance coverage prevents them from facing civil liability for their injured employees’ damages. This allows businesses that perform inherently dangerous work like construction to continue operations without fear of constant financial liability for injured workers’ damages. For employees, workers’ compensation insurance can help them recover, compensating them for their medical expenses and helping them overcome the financial impact of their inability to work after an accident.

If your employer upholds their legal duties in handling your work injury claim and you encounter no resistance from their insurance carrier, you should obtain your determination of benefits within a few weeks of filing your claim. This determination includes the breakdown of the benefits you will receive, primarily based on your disability rating and how much you earned prior to the injury.

An injured construction worker can usually expect their employer’s workers’ compensation insurance carrier to cover all medical care they need after their injury, including the costs associated with necessary future rehabilitative care. Disability benefits, however, are more variable. If the claimant is still able to work at a lower earning capacity after their injury, partial disability benefits can offset the difference in their earning power. If they cannot work at all, temporary total disability benefits can provide income replacement until they are able to continue working again.

When you are provided partial disability benefits, you will need to report all your earnings to the insurance company. The insurer will then adjust each payment according to how much you are able to earn, and these benefits end once you can return to your position with your previous earning power. When you are awarded total disability benefits, these are generally paid at a rate of two-thirds of your average weekly income each week until you can return to work or for up to 104 weeks. For example, if a construction worker usually earns about $1,200 per week, they can expect about $800 per week in total disability benefits.

Your Orange County construction accident attorney can be invaluable for helping you navigate the claim filing process, and they can verify that the insurance company handles your claim appropriately. If you encounter any issues with the claim filing process or if you believe the determination of benefits you receive to be unfair in any way, your attorney can help resolve these issues. They can also help explore alternative avenues of recovery depending on how your injury happened, such as a third-party personal injury claim.

Filing a Third Party Personal Injury Claim for a Construction Accident

An injured construction worker generally cannot file a civil claim against their employer in response to a workplace injury, but they may have grounds for a civil suit against a third party. If anyone outside of your work caused a construction accident that injured you, you would be able to proceed with a workers’ compensation claim because the injury happened while you were working. However, you would also have grounds to file a civil suit against the at-fault third party.

A successful third-party claim could yield compensation for the losses you suffered that workers’ compensation insurance won’t cover. For example, you can only expect about two-thirds of your lost income in weekly disability benefits from workers’ compensation, but you could claim the remainder with your third-party claim. You could also seek compensation for your pain and suffering, and California law does not limit this aspect of recovery in most personal injury claims.

Pratt Law Corporation has years of successful cases behind us because we take time to learn as much as possible about each individual client we represent. The construction industry is inherently hazardous in many ways, and our firm has helped many injured construction workers recover from their workplace injuries. When you need legal representation you can trust to help with your claim, our firm can be ready to provide ongoing support and reassurance through all stages of your claim.

Time is a crucial consideration for any workplace injury claim in Orange County. You have a limited window in which to file your workers’ compensation claim, and an injured employee always has the greatest chance of success with their claim when they file it as soon as possible after an injury occurs. The sooner you connect with legal counsel, the more time your attorney has to build your case. Contact Pratt Law Corporation today to schedule your consultation with an Orange County construction accident attorney to learn how they can assist you in recovering from your recent injury at work.