Anaheim Construction Accident Lawyer
A catastrophic construction injury requires immediate legal action. An Anaheim construction accident lawyer works hard to protect your rights and pursue compensation from responsible parties, whether through workers’ compensation, third-party liability claims, or both.
Construction sites throughout Anaheim present countless hazards daily, from towering scaffolds along Harbor Boulevard developments to heavy machinery operating near the Platinum Triangle redevelopment projects. These types of construction accident cases require sophisticated litigation strategies. Bentley & More LLP brings decades of trial experience, fiercely fighting for injured workers like you.
Our Newport Beach attorneys understand the complex interplay between workers’ compensation claims and third-party liability lawsuits. We fight for a fair recovery while you focus on healing from serious injuries that may forever change your life and livelihood.
Key Takeaways
- Construction workers face high fatality rates, with falls accounting for a significant number of deaths nationwide
- California law allows injured workers to pursue both workers’ compensation benefits and third-party liability claims simultaneously.
- Evidence preservation starts immediately after an accident, including photographs, witness statements, and safety violation documentation
- Construction accident victims typically have two years to file personal injury lawsuits, but only six months for claims against government entities
- Anaheim construction sites must comply with both federal OSHA and Cal/OSHA safety standards and violations may strengthen injury claims when safety violations caused accidents
Why Choose Bentley & More LLP for Your Construction Accident Case
Construction accident cases demand attorneys who understand both the technical aspects of workplace safety regulations and the strategic nuances of catastrophic injury litigation. Our firm has pioneered complex litigation strategies since 2016, taking on cases other firms consider too challenging or expensive to pursue.
Our boutique approach means your case receives personal attention from attorneys with decades of individual trial experience. Greg Bentley and Keith More built their reputations handling high-stakes litigation before founding this firm. We maintain the resources necessary for thorough case development, including relationships with construction safety experts, medical professionals, and accident reconstruction specialists who help prove liability and document damages, when necessary.
We handle construction accident cases on a contingency fee basis, meaning you pay nothing unless we recover compensation. This arrangement allows injured workers to access legal representation regardless of their financial situation. Call (949) 870-3800 today for a free consultation about your construction injury case.
Construction Accident Compensation in California
Construction accident victims often qualify for compensation through multiple sources, each addressing different aspects of their losses. Workers’ compensation provides immediate medical coverage and partial wage replacement regardless of fault, while third-party claims against negligent contractors, property owners, or equipment manufacturers address pain and suffering plus economic losses.
Key factors that influence construction accident compensation values include:
- Injury Severity
- Medical Expenses
- Lost Wages and Benefits
- Reduced Earning Capacity
- Pain and Suffering
- Permanent Disability
- Home Modifications
- Vocational Rehabilitation
When needed, our attorneys use connections with economic experts to project lifetime costs and losses, building comprehensive damage models based on your circumstances. This approach helps secure fair compensation for clients facing mounting medical bills and uncertain futures after construction accidents.
Workers’ Compensation vs. Third-Party Claims
California construction workers injured on the job typically qualify for workers’ compensation benefits regardless of fault. These benefits provide immediate medical coverage and partial wage replacement but don’t address pain and suffering or full economic losses.
Workers’ Compensation Claims
Workers’ compensation covers all reasonable medical treatment related to work injuries. This includes emergency care, surgeries, medications, physical therapy, and medical equipment. Temporary disability payments replace approximately two-thirds of lost wages during recovery. Permanent disability benefits compensate for lasting impairments affecting future earning capacity.
Third-Party Claims
Third-party claims pursue additional compensation from negligent parties beyond your direct employer. These lawsuits seek full economic damages plus pain and suffering unavailable through workers’ compensation. Successful third-party claims may result in substantially higher compensation than workers’ compensation alone provides.
Can You File Both a California Workers’ Comp and Third-Party Claim?
In some cases, injured workers may be able to pursue both a workers’ comp and third-party liability claim. This requires careful coordination, particularly since workers’ compensation insurers may claim liens against third-party settlements for benefits paid. Our attorneys navigate these complex interactions and protect your interests in both proceedings.
Local Hazards for Anaheim Construction Sites
California construction sites experienced 78 workplace fatalities in 2023. Weather compounds the risks of construction-related injuries: summer heat affects concentration, winter rains create slippery surfaces, and Santa Ana winds threaten workers at elevation.
Furthermore, Anaheim’s rapid development creates unique risks for construction workers. The Platinum Triangle transformation near Angel Stadium involves multiple high-rise projects with daily fall hazards. Resort District expansions around Disneyland mean constant construction along Katella Avenue and Harbor Boulevard, where heavy tourist traffic increases the risk of struck-by injuries for workers.
Common Causes of Construction Accidents in Anaheim
Construction accidents rarely result from single causes but rather combinations of hazards and safety failures. Understanding these patterns helps identify responsible parties and strengthen injury claims.
Falls from Heights
Falls, slips, and trips remain the leading cause of construction fatalities, accounting for 39.2% of all construction deaths. Anaheim construction sites present numerous fall hazards, from residential roofing projects to commercial high-rise development. Missing guardrails, improperly secured ladders, and defective scaffolding create deadly risks.
Fall injuries often prove catastrophic even from relatively low heights. A six-foot fall onto concrete can cause traumatic brain injuries, spinal damage, or multiple fractures requiring extensive surgery and rehabilitation.
Heavy Equipment and Machinery Accidents
Construction sites rely on powerful machinery that poses serious risks when operated improperly or maintained inadequately. Cranes, forklifts, excavators, and bulldozers can cause crushing injuries, amputations, and fatalities when safety protocols fail. Inadequate training and equipment maintenance failures can also create hazards that could injure operators and other construction workers.
Struck-by Object Incidents
Falling tools, materials, and debris cause approximately 16% of workplace fatalities. Multi-story construction projects create overhead hazards for workers below. Improperly secured loads, inadequate tool tethering, and missing debris nets allow objects to become deadly projectiles.
OSHA Violations
Safety violations can create serious risks for construction workers. If construction companies are found to have violated safety standards, they can face costly penalties. While these fines go to the government, they demonstrate employer negligence that supports civil claims.
Additionally, Cal/OSHA maintains stricter standards than federal OSHA in heat illness prevention, crane certifications, and excavation safety. Violations of these enhanced standards strengthen negligence claims against responsible parties.
Who Can Be Held Liable for Construction Site Injuries?
Construction accident liability often extends beyond the direct employer to include multiple parties whose negligence contributed to unsafe conditions. Identifying all responsible parties can increase compensation opportunities for injured workers.
Several parties commonly share responsibility for construction site accidents, each with specific duties and potential liabilities:
- General Contractors
- Property Owners and Developers
- Equipment Manufacturers
- Architects and Engineers
- Subcontractors
Multiple liability theories, including negligence, premises liability, and product liability, can strengthen construction accident claims. Our attorneys evaluate potential claims to determine recovery options for injured workers facing mounting medical bills and lost wages.
How an Anaheim Construction Accident Lawyer Helps With Insurance Claims
Insurance claims after construction accidents may involve complex negotiations with multiple carriers representing various parties. An experienced construction accident lawyer understands how to present your case effectively, comprehensively document damages, and pursue fair compensation through proper channels.
Professional legal representation can make a significant difference in claim outcomes. Insurance adjusters evaluate claims based on documentation quality, medical evidence, and liability analysis. When improperly presented, valid claims may receive inadequate offers that don’t address long-term needs, pain and suffering, or other possible damages.
Our firm strengthens your position by documenting damages, from immediate medical costs to lifetime care needs. This comprehensive approach helps insurance companies understand the value of your claim and strengthens our position during negotiations and, if necessary, at trial.
Critical Evidence in Construction Accident Cases
Strong construction accident cases require comprehensive evidence gathered before crucial information disappears. Construction sites change daily, witnesses scatter to new projects, and companies may destroy or alter documentation. Immediate evidence preservation protects your legal rights.
Key evidence types that strengthen construction accident claims include:
- OSHA Inspection Reports and Citations: Document safety violations at the accident site, creating presumptions of negligence that support your claim
- Safety and Training Records: Prove whether employers provided required safety instruction and followed mandated protocols
- Equipment Logs: Maintenance and inspection records reveal mechanical failures, neglected repairs, or defective equipment that contributed to accidents
- Daily Work Reports: Progress logs and schedules demonstrate rushed deadlines or corner-cutting that preceded accidents
- Medical Documentation: Emergency room reports, surgical records, rehabilitation notes, and expert opinions establish injury severity and project future care needs
- Scene Photography: Captures hazardous conditions that companies might quickly remedy after accidents occur
- Video Surveillance: Security footage may record the actual accident or safety violations leading up to injuries
- Witness Statements: Coworker testimony provides firsthand accounts before witnesses relocate to other job sites
- Accident Reconstruction Analysis: Expert evaluation of equipment failures, fall trajectories, and contributing factors that lay witnesses might miss
When necessary, our construction accident attorney in Anaheim works with accident reconstruction experts and medical professionals who help build comprehensive evidence packages. Their analysis could transform raw evidence into compelling testimony that helps juries understand complex accident scenarios and the full extent of your damages.
Steps to Take After a Construction Accident in Anaheim
Your actions immediately following a construction accident significantly impact both your physical recovery and legal claims. While seeking medical attention takes priority, additional steps help preserve your rights to compensation.
Seek Medical Treatment
Follow all medical advice without exception. Complete prescribed treatments, attend therapy sessions, and maintain detailed records of symptoms and limitations. Consistent medical care documents your damages while promoting optimal recovery. Seek evaluation even for seemingly minor injuries that may worsen over time.
Report and Document the Accident
Report the incident to supervisors immediately and request copies of all accident reports. Document everything related to your accident and injuries, keeping copies of medical bills, wage statements, and correspondence with employers or insurers. Photograph the accident scene from multiple angles if possible, and take regular photos of visible injuries to show healing progress.
Gather Witness Information
Collect contact information from witnesses before they leave the job site. Coworkers who saw the accident or unsafe conditions provide crucial testimony that may support your claim. Their statements become especially valuable if they later move to different construction projects.
Protect Your Legal Rights
Avoid signing documents from insurance companies without attorney review. Seemingly routine forms may contain admissions or release language that damages your claim. Also, avoid giving recorded statements to insurance adjusters without legal representation.
Deadline to File a California Construction Accident Claim
The statute of limitations for personal injury claims is generally two years from the date of the accident. However, different deadlines apply depending on the type of claim and the defendants. For example, claims against government entities require filing administrative notices within six months.
Workers’ compensation claims follow separate procedures with strict reporting requirements. Injured workers must notify employers within 30 days and file formal claims within one year. Missing these deadlines may forfeit benefits, making immediate legal consultation crucial after any construction accident.
FAQ for Anaheim Construction Accident Lawyer
What if I Was Partially at Fault for My Construction Accident?
California follows pure comparative fault rules, allowing recovery even when you share blame for an accident. Your compensation is reduced by your percentage of fault, but you maintain the right to pursue damages. A construction injury attorney may review your claim and determine your options for recovery.
How Long Will My Construction Accident Case Take to Resolve?
The duration of construction accident cases varies significantly based on injury severity, liability disputes, and defendant cooperation. Simple cases with clear liability might settle within months, while complex litigation involving multiple parties or catastrophic injuries may require years. Our attorneys pursue fair compensation efficiently while refusing to accept inadequate settlements that don’t address your losses.
What if My Employer Lacks Workers’ Compensation Insurance?
California law requires construction employers to carry workers’ compensation coverage, but some companies illegally operate without insurance. Uninsured employers face serious penalties and lose immunity from civil lawsuits. You may pursue personal injury claims directly against uninsured employers. Additionally, the state’s Uninsured Employers Benefits Trust Fund may also provide benefits while pursuing employers for reimbursement.
Can Family Members File Claims if a Construction Worker Dies?
Surviving family members may pursue both workers’ compensation death benefits and wrongful death lawsuits against third parties. Spouses, children, and other dependents qualify for death benefits, including funeral expenses and ongoing support payments. Our wrongful death attorneys guide families through these difficult proceedings with compassion and dedication.
Should I Return to Work if My Doctor Says I Can Perform Light Duty?
Following medical advice regarding work restrictions protects both your health and legal claims. Refusing legitimate light-duty work may jeopardize workers’ compensation benefits. However, employers sometimes pressure workers to exceed restrictions or return prematurely. Document any requests to perform tasks beyond medical limitations. If light duty aggravates your injuries, inform your doctor immediately.
Free Consultation for Construction Accident Victims
Greg Bentley, Anaheim Construction Accident Lawyer
Construction accidents shatter lives in seconds, leaving workers facing months or years of recovery while bills mount and income disappears. Bentley & More LLP combines boutique firm attention with the resources necessary for complex construction litigation.
If you’ve suffered serious injuries in an Anaheim construction accident, the trial attorneys at Bentley & More LLP fight for fair compensation. We handle catastrophic injury cases throughout Orange County, including workplace accidents in Anaheim, Santa Ana, and Irvine.
Contact us today at (949) 870-3800 to discuss your construction accident case with award-winning attorneys who understand the complexities of workers’ compensation and third-party liability claims.