Commerce Construction Accident Lawyer

If you or someone you love has been hurt on a job site, you do not have to go through this stressful period by yourself. At Hinden & Breslavsky, our team of legal professionals focuses on assisting individuals who have sustained injuries while working to get the financial recovery they are owed.

You can reach out to us at (323) 954-1800 to set up a free consultation so we can help you take those first steps toward getting justice for your situation.

Reasons to Hire a Construction Injury Attorney in Commerce

Work sites for building projects are among the most hazardous environments in California. When you experience an injury because of unsafe conditions, a lack of safety oversight, or tools that do not work correctly, you might have the right to receive significant funds through a workers’ compensation case or a lawsuit against a third party.

Our dedicated legal group can:

• Review the details of your situation to find the best way to move forward legally
• Pinpoint every person or company that is responsible and all possible ways to get you paid
• Collect important proof such as reports from the accident scene and statements from people who saw what happened
• Collaborate with professionals in the industry to make your case as strong as possible
• Manage all the discussions with insurance providers and the parties who caused the harm
• Represent you in a courtroom if the other side refuses to offer a settlement that is fair

Why Hinden & Breslavsky is the Right Choice

• More than $900 million recovered for individuals injured while working in California
• Serving the community with dedicated legal support since 1974
• Free consultation to discuss your rights and options without any cost to you
• We provide legal assistance in English, Spanish, Russian, Hebrew, and Farsi
• Aggressive advocacy combined with deep experience and total dedication to our clients

Funds Available for Workers Injured on Construction Sites

You might possess the right to get money through the California workers’ compensation system or by filing a civil claim for personal injury. This usually depends on whether your employer has the required insurance or if a party other than your employer caused the incident, such as a contractor or a manufacturer of heavy machinery.

The system for workers’ compensation in California offers several types of financial help to people who are hurt while performing their duties on a site, such as:

• Medical payments – These take care of the bills for all necessary doctor visits, hospital stays, and physical therapy required to treat your work-related condition
• Temporary disability payments – These offer a portion of the income you lose because you cannot work while you are healing from your injuries
• Permanent disability payments – These provide money to workers who have a lasting physical or mental limitation that affects their ability to compete in the open labor market
• Supplemental job displacement benefits – These come in the form of a voucher that helps pay for retraining or skill enhancement if you cannot return to your old job and your employer does not offer you alternative work
• Death benefits – These are paid to the spouse, children, or other dependents of a worker who tragically loses their life because of a job site accident

If you have a reason to file a lawsuit against a third party, you might be able to get money for various types of losses that are not covered by standard workers’ comp, including:

• All medical bills for current and future healthcare needs
• The cost of hiring people to help with daily living if you have a long-term disability
• The full amount of wages you lost from the day of the accident
• The loss of what you could have earned in the future if your career were cut short
• Emotional distress and physical pain
• A lower quality of life resulting from permanent physical changes or scarring

California Laws for Construction Incidents

California law requires almost every employer to have workers’ compensation insurance to protect their staff. If you are experiencing the aftermath of an accident, you generally have a right to these benefits regardless of who caused the accident.

However, if a third party like a subcontractor or a property owner, was at fault, or if your employer failed to carry the legal insurance required by the state, you might be able to file a formal lawsuit in court.

Important time limits to keep in mind:

• Workers’ Compensation: You should notify your supervisor about your injury within 30 days to protect your rights to benefits.
• Personal Injury Lawsuits: In most cases, you have two years from the date of the injury to file a lawsuit against a third party in a California court.

Is it Possible to Sue an Employer for a Site Accident in California?

Because California uses a “no-fault” workers’ compensation system, you usually cannot sue your employer directly in a civil court for a work injury. There are very specific exceptions to this rule, such as:

• If your employer does not have the workers’ compensation insurance policy required by state law
• If the injury was caused by a physical assault by the employer or if the employer actively concealed the injury and its connection to the job
• If a third party who is not your employer or a co-worker caused the accident through their own negligence

Our team in Commerce can look into what happened and help you figure out the best path to take so you can get the highest amount of money possible for what you have been through.

Common Categories of Construction Site Incidents in California

Building sites are naturally risky places to spend a workday. People who work in these environments deal with many different hazards that often lead to serious harm, such as:

• Slipping or tripping on debris
• Falling from ladders or roofs
• Tumbling into unprotected holes
• Scaffolds that break or fall over
• Collapses of trenches during digging
• Accidents involving large cranes
• Buildings or structures that fall down
• Contact with live electricity
• Being hit by tools or materials falling from above
• Incidents involving heavy machines or forklifts
• Fires or unexpected explosions
• Exposure to dangerous chemicals
• Malfunctions with power tools or nail guns
• Injuries from lifting heavy objects or overexertion

What Causes Most Site Accidents?

While many people think these events are just part of the job, most of them happen because someone was not following safety rules. Some of the most frequent reasons for injuries in the Commerce area include:

• Not having the right fall protection for high places
• Poor maintenance on trucks and equipment
• Lack of training for new workers
• Missing safety guards on saws or drills
• Faulty wiring or ungrounded electrical sources
• Failure to shore up walls in a trench
• Not providing helmets or eye protection

Comparing Workers’ Comp and Personal Injury Lawsuits

Workers’ compensation is a type of insurance that pays for your doctors and a part of your checks while you are out, and you do not have to prove your boss did anything wrong to get it. It is meant to be a quick way to get help, but it does not pay for things like your pain or the emotional toll the accident took on your family.

A third-party claim is different because it is a lawsuit against someone else who was involved, like a company that made a defective ladder or a driver from a different company who hit you. In these cases, you can ask for the full amount of your lost pay and money for your suffering, but your legal team has to prove that the other party was actually at fault for what happened to you.

Can I Pursue a Lawsuit While Getting Workers’ Comp?

Yes, it is possible to do both at the same time if the facts of your case allow it. This is often the best way to make sure you have enough money to cover all your bills and provide for your family if you cannot go back to work for a long time.

You should know that if you win a lawsuit against a third party, the insurance company that paid your workers’ comp might want to be paid back from that settlement. This prevents what the law calls “double recovery,” but it is a complicated process that requires a lot of paperwork. Having a lawyer in Commerce who knows how to handle these overlapping claims is helpful because they can talk to the insurance companies for you and make sure you keep as much of your settlement as possible.

How to Know if You Qualify for Compensation

If you were working on a site and got hurt, you likely qualify for some form of help. Most people who are employees are covered by workers’ comp from their first day on the job. If you were a visitor to the site or a bystander and got hurt, or if you are an independent contractor, your path to recovery will likely be through a personal injury claim rather than the workers’ comp system.

Contact Our Commerce Construction Injury Lawyers for a Free Consultation

You should not wait to talk to a legal professional about your situation. If you are dealing with an injury from a building site in the Commerce area, call (323) 954-1800 or send us a message through our website. We are prepared to stand up for you and help you get the financial support you need to move forward with your life.