Los Angeles Construction Accident Lawyer

Construction is an inherently dangerous industry for many reasons. Even seemingly straightforward building jobs pose many hazards to construction workers, including the risk of falling off of ladders or scaffolds, injuries from heavy equipment and dangerous tools, and suffering repetitive stress injuries from daily manual labor. When construction accidents happen, victims are likely to face difficult recoveries and a great deal of uncertainty when it comes to recovering from these experiences.

Helping Construction Accident Victims Recover in Los Angeles, CA

If you work in Los Angeles and suffer an injury while working in construction, you are likely covered by your employer’s workers’ compensation insurance policy. California law requires almost every employer to have workers’ compensation insurance, and very few workers in the state qualify for an exemption. Almost all construction workers are covered, so filing a workers’ compensation claim is likely to be your first option for recovering from a serious injury at work. It’s technically possible to file a workers’ compensation claim on your own, but you will have a much easier time handling the claim filing process with an experienced Los Angeles construction accident attorney assisting you.

The team at Pratt Law Corporation has decades of professional experience handling all types of workplace injury claims for clients in Los Angeles. We know how challenging it can be to confront any insurance company on your own and the tactics these organizations often attempt to use to limit their claim payouts. When you choose our firm to represent you in a construction accident claim, we can assist you with every phase of the process, from the initial filing of claim paperwork to resolving disputes that arise with your employer and/or their insurance company. When you finally receive your determination of benefits, we’ll make sure it is appropriate under the terms of your employer’s policy and adequately reflects the severity of your injury. If you have grounds for additional legal recourse, we can assist you with these efforts as well.

Common Types of Construction Accidents in Los Angeles

A construction accident can occur in many ways, and the Occupational Safety and Health Administration (OSHA) consistently reports that construction leads all other industries in the number of workplace accidents, work-related injuries, and workplace fatalities in the United States each year. A few of the most common types of construction accidents reported in the Los Angeles area include:

• Fall-related injuries account for most of the workplace injury claims filed in the construction sector each year and are the leading cause of workplace fatalities in the United States. Falls can potentially result in multiple broken bones, traumatic brain damage, spinal cord injury, and a host of other possible injuries.
• Heavy equipment injuries. Construction workers must often use specialized machinery and tools to complete their work, and many of these devices are inherently dangerous. Crushing injuries, amputations, broken bones, and other injuries are possible from all types of construction equipment.
• Vehicle accidents. Construction work usually requires the use of different vehicles, from standard pickup trucks to box trucks, front-end loaders, forklifts, scissor lifts, cranes, and more. When accidents happen, these vehicles sometimes lack the safety features found in standard passenger cars, and the operator, as well as those around them, are all at risk of serious injuries.
• Repetitive stress injuries. When most people think of workers’ compensation, they usually think that only traumatic injuries qualify for benefits. However, any injury from work can qualify for workers’ compensation benefits, including injuries from repetitive stress that manifest over time. As long as you can prove that your injury directly resulted from work, you have the right to claim workers’ compensation benefits.
• These injuries can happen any time a construction worker comes near unfinished electrical systems. Electrocution can entail severe burns, nerve damage, and even disruption of cardiovascular function. Electrocution can also be acutely fatal.

Under California law, any injury that happens in the workplace or that is acquired from one’s work environment and/or job duties can qualify for workers’ compensation benefits. As soon as any construction accident results in injury, the victim should report the injury to their supervisor immediately and request the materials needed to file their claim for benefits.

Filing a Workers’ Compensation Claim for a Construction Accident in Los Angeles

Your employer in Los Angeles has various responsibilities they must uphold when it comes to their handling of workplace injury claims. As soon as your employer becomes aware of your injury, they must create an incident report (which you will need to refer to later in the claim filing process). They must also provide you with all materials needed for you to file your claim. If your employer refuses to provide these materials, denies you access to the claim forms you need, or retaliates against you in any way, it is imperative that you speak with a Los Angeles construction accident attorney as soon as possible.

If your employer handles their responsibilities in good faith, they should provide you with the forms needed to file your claim. You will also need to undergo a medical examination from a workers’ compensation doctor in your area as part of the claim filing process. An injured construction worker can seek treatment from any available doctor in an emergency, but once they are stable, they must undergo a workers’ compensation review as part of their claim filing process.

During the medical review, the doctor will assign the injured worker a disability rating, which is a numerical indicator of the severity of their condition from 1 to 100. The higher their rating, the more expansive their workers’ compensation benefits will be. The average injured construction worker can expect two forms of benefits from a successful workers’ compensation claim: medical expense coverage and disability benefits. Your Los Angeles construction accident attorney is your most valuable asset when it comes to ensuring maximum benefits for your injury.

Determination of Benefits in Construction Accident Claims

The purpose of workers’ compensation is to allow businesses that conduct inherently risky operations to continue operating without fear of facing civil liability for their employees’ work-related injuries. You cannot file a civil suit against your employer in response to a workplace accident except under certain conditions, but their insurance coverage provides valuable financial benefits that can assist you with your recovery.

Once you verify your eligibility to file your workers’ compensation claim and submit your claim to the insurance carrier, it will investigate the claim and then deliver its determination of benefits. The disability rating you received from the workers’ compensation physician plays an important role in this determination. The average injured construction worker in Los Angeles can expect to receive two forms of benefits from a successful workers’ compensation claim:

• The insurance company will pay for all the medical expenses incurred for the treatment of the claimant’s injuries. This includes immediate healthcare costs like their hospital bills and prescription costs as well as any expenses related to necessary ongoing treatment. Many injured workers are surprised to learn how many different therapies and rehabilitative treatments are covered by their employers’ insurance policies.
• The claimant will receive disability benefits to make up for their diminished earning capacity or inability to work because of their injury. If the claimant can work in a limited capacity after their injury, partial disability benefits can help make up the difference in their earnings. If they cannot work at all, temporary total disability benefits can continue for up to 104 weeks or until they recover and can return to work.

If you qualify to receive partial disability benefits, the amount you receive each week depends on how much you are able to earn. You must report your income to the insurance carrier and keep it informed about your recovery progress. Failure to meet your reporting requirements under a partial disability benefits arrangement could result in a loss of benefits or even prosecution for workers’ compensation fraud.

If you are awarded total disability benefits, you will receive about two-thirds of your average weekly wage in disability benefits. For example, if you usually earn about $900 per week, you could expect about $600 in weekly disability benefits. California law typically limits these payments to 104 weeks, but it is possible for a claimant to have their payments spread out over a five-year term.

It is possible to qualify for permanent disability benefits, but these are only awarded to claimants who are completely unable to work in the future due to permanently damaging catastrophic injuries. If your construction accident in Los Angeles resulted in such an injury, it is imperative that you consult an experienced attorney who can verify that you receive an appropriate determination of benefits.

Recovery Beyond Workers’ Compensation After a Construction Accident

Workers’ compensation insurance generally protects covered employers from civil lawsuits filed by injured workers, but if they do not have insurance coverage as required by law, they face full liability for injured workers’ damages. Additionally, it is also possible for an injured construction worker to have grounds for a civil suit against another party if they directly caused their injury through egregious negligence or intentional misconduct. For example, if a construction worker is driving as their primary job duty and a drunk driver hits their vehicle, the drunk driver would be liable for any damages they caused that workers’ compensation won’t cover.

A third-party personal injury claim is a viable recovery option if someone outside of your work caused your construction accident. If you are unsure whether you have grounds for a third-party claim, your Los Angeles construction accident attorney can review the details of how your accident happened and identify anyone who might be responsible. If you can prove a third party directly caused your injury, you can proceed with your workers’ compensation claim through your employer before filing your third-party personal injury claim against them.

Success with a third-party personal injury claim in Los Angeles could enable you to recover compensation for the damages that workers’ compensation can’t cover. For example, you may receive full coverage of your medical expenses through your workers’ compensation claim but only a portion of your lost income. A successful third-party personal injury claim could not only enable you to secure compensation for the rest of your missing income but also compensation for the pain and suffering you experienced.

Ultimately, any construction accident in Los Angeles has the potential to generate various complex legal issues for those involved, including the victim, their employer, and the party responsible for causing the accident. While it is technically possible to pursue compensation on your own, the reality is that you have a much better chance of recovering as fully as state law allows if you have an experienced Los Angeles construction accident attorney representing you. The right attorney can help identify all your available recovery options, guiding you through the process of securing compensation for your injury.

When you choose Pratt Law Corporation as your legal counsel, there is no need to worry about your legal fees exceeding the total compensation you obtain. We operate on a contingency fee basis, meaning our client only pays our firm after we recover compensation on their behalf, and our fee is a percentage of their final settlement. This means that if our firm is unable to secure compensation in your case, you owe nothing in attorneys’ fees.

You have a limited time in which to file a workers’ compensation claim for a construction accident in Los Angeles, and there is a statute of limitations for personal injury suits if you intend to pursue a third-party claim against whoever caused your injury. The sooner you reach out to legal counsel you can trust, the more likely you are to maximize the results of all the recovery efforts you pursue.

Pratt Law Corporation has decades of professional experience handling workers’ compensation claims, and we are ready to leverage that experience for you after a construction accident. Contact us today to schedule your consultation with a Los Angeles construction accident attorney and learn more about the legal services we offer.