Home » ​Santa Ana Construction Accident Lawyer

​Santa Ana Construction Accident Lawyer

Construction Accident Attorney in ​Santa Ana, CA

Many areas around Santa Ana, California, especially downtown, are developing fast. High-rise projects, including hotels, office buildings, and condominiums, are in progress at any given time. However, with more construction work and building projects comes the possibility of serious construction accidents and injuries.

Construction sites in Santa Ana are often busy and dangerous. The primary dangers associated with these sites result from the heavy machinery and dangerous equipment on the premises. Builders and construction workers must also work on—and around—this dangerous equipment daily on the job site. Therefore, they are at constant risk of serious accidents and injuries while on the job.

If you suffered injuries in a recent construction accident, seek medical care as quickly as possible. Waiting too long to go to a hospital emergency room or urgent care facility may cause your injuries to become significantly worse. Moreover, an insurance company may become skeptical of your work injury if you fail to seek timely medical treatment after your accident.

In addition to receiving the medical care you deserve, you should speak with a knowledgeable attorney about your construction site accident and injuries as soon as possible.

The skilled Santa Ana construction accident lawyers at Bentley & More LLP understand the significant medical expenses, pain, suffering, and inconvenience often accompanying construction site injuries. Our compassionate legal team also understands the tricks and tactics that insurance companies routinely use to try and undervalue both workers’ compensation claims and personal injury claims for monetary damages.

Our legal team can meet with you to discuss your construction site accident and determine your eligibility for pursuing workers’ compensation benefits and/or third-party damages. If you can file a claim, we can take the appropriate legal actions for you, allowing you the time you need to make a full recovery from your injuries.

Our knowledgeable lawyers have recovered millions of dollars worth of monetary compensation for California accident victims, including victims of construction site accidents. For example, our attorneys secured a $44.1 million binding arbitration award for a construction worker who fell approximately 25 feet on a commercial building site, and a $7.45 million settlement for a worker struck by a falling steel beam. Past case results do not guarantee future outcomes.

For a free case evaluation and legal consultation with a knowledgeable Santa Ana construction accident attorney, please call us or contact us online for more information.

Special note for other law firms: Our legal team has the resources and experience to represent accident victims who suffer catastrophic injuries. We also accept referrals from other law firms regularly. If you intake a case that is too complex or severe for your firm to handle alone, Bentley & More LLP can assist. We bring all of our resources to the table to help injury victims throughout the Santa Ana area, so do not hesitate to learn about our referral program.

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Dangerous Equipment on Construction Sites

One reason why building and construction sites are so dangerous is because of the heavy equipment that workers must use on a daily basis. Exposure to this equipment increases a worker’s chances of becoming involved in a serious accident and suffering catastrophic injuries.

Some common examples of dangerous construction equipment on building sites include:

• Cranes
• Diggers
• Cement trucks and other worksite vehicles
• Scaffolding
• Ladders
• Jackhammers
• Chemicals
• Wires
• Explosive devices

If you suffered injuries on a construction site as a result of exposure to dangerous or defective construction machinery, you should speak with an experienced attorney right away. The skilled Santa Ana construction accident lawyers at Bentley & More LLP can determine your eligibility for workers’ compensation benefits or third-party damages in your case. We can then help you file a claim with the appropriate insurance company that seeks the monetary recovery you deserve for your construction site injuries.

On the Job Injuries That Santa Ana Construction Site Workers May Suffer

Injuries that Santa Ana construction workers and builders often suffer on-site may end up extremely debilitating. When a construction worker suffers a fall injury from a piece of equipment or injures themselves while operating equipment, they may have to remain off work for a significant amount of time. In addition, they may incur mounting medical costs.

Some of the most common injuries that construction workers suffer at their jobs include:

• Crush injuries
• Traumatic brain injuries
• Spinal cord damage
• Full or partial paralysis
• Permanent soft tissue injuries
• Internal organ damage
• Road rash injuries, including deep lacerations that require sutures, stitches, or skin grafts

As soon as possible after suffering injuries in a construction site accident, you should file a report with your employer’s human resources department and notify your supervisor of the incident. In addition, you should follow up at a hospital emergency room or local urgent care center and ask for treatment. The medical provider there can perform X-rays, MRIs, and brain scans, to ascertain your medical condition.

In addition to seeking ongoing medical treatment after your work accident, you should speak to the skilled Santa Ana construction accident lawyers at Bentley & More LLP right away.

Our legal team can gather your medical records, injury photographs, incident reports, and other documentation to prepare your claim for filing. We can also determine if your accident circumstances warrant a workers’ compensation claim and/or a third-party personal injury claim. Throughout your case, we can help you make informed decisions to pursue the compensation the law allows.

Eligibility for Workers’ Compensation Benefits in Santa Ana

Injured construction workers in Santa Ana can pursue several different types of workers’ compensation benefits, depending on their circumstances. The purpose of these benefits is to make a worker whole again, as much as possible. The types and amounts of workers’ compensation benefits an individual may recover are very case-specific.

To recover these benefits, an individual must ordinarily have suffered a work-related illness or injury while they were working at their job—and while working within the scope of their employment. Consequently, the worker must ordinarily have been performing a designated job duty when their injury or illness developed. Workers who suffered their injury or illness while offsite may not be eligible to pursue a claim for workers’ compensation benefits.

The actual benefits that an injured construction worker can pursue and recover may include:

• Medical benefits for the treatment that they underwent following their worksite accident
• A portion of the worker’s lost income if they can not work after their accident or if they had to switch to light-duty work
• Vocational rehabilitation benefits, if the worker’s injuries prevent them from continuing at their current job or in their current line of work
• Permanency benefits, if a medical provider determines, to a reasonable degree of medical certainty, that the worker suffered an injury that is unlikely to recover with time

A medical provider can also physically examine you and draft a permanency evaluation. In a permanency evaluation, the doctor will typically express a permanent injury as a percentage of impairment. For example, a permanency evaluation doctor may determine that an accident victim suffered a ten percent permanent impairment to their neck or back.

The experienced Santa Ana construction accident lawyers at Bentley & More LLP have very strong working relationships with medical providers in the area. If you suffered injuries in a construction accident, we can retain one of those doctors to perform a permanency evaluation on you and submit their final report to your employer’s insurance company.

Deadlines for Filing a Claim After a Santa Ana Construction Accident

California law sets strict deadlines for construction accident claims, and missing one can end your right to compensation.

For a workers’ compensation claim, you generally have 30 days from the accident to notify your employer of your injury in writing, under California Labor Code Section 5400. You then generally have one year from the date of injury to file a formal claim, under Labor Code Section 5405.

If a third party, such as a subcontractor, property owner, or equipment manufacturer,  other than your employer contributed to your accident, you generally have two years from the date of the accident to file a personal injury lawsuit, under California Code of Civil Procedure Section 335.1. If a government agency, such as a city or county, contributed to your accident, that deadline can shrink to as little as six months.

These deadlines can shift depending on the facts of your case, so it is best to speak with an attorney as soon as possible after your accident.

Filing a Third-party Claim for Additional Compensation After a Construction Accident

In addition to filing a workers’ compensation claim for various benefits following a construction accident, an injured worker may also be eligible to recover third-party benefits as part of a personal injury claim or lawsuit.

Injured construction workers may not file a claim or lawsuit against their employer. After all, the main purpose of the California Workers’ Compensation System is to recover monetary benefits from the employer’s insurance company. However, an injured worker may be eligible to file a claim or lawsuit against a negligent third party.

For example, an injured worker can pursue a third-party liability claim against:

• The manufacturer of a defective piece of construction equipment
• Another company that negligently failed to supervise the activity of their employees or maintain construction equipment—or the worksite as a whole—for the benefit of site workers
• Another driver who caused a motor vehicle accident that occurred when the worker was operating a construction vehicle
• A repair facility that negligently performed work on a construction vehicle or tool, causing it to malfunction at the job site

To recover monetary damages in a third-party personal injury claim via settlement or litigation, the injured worker will need to establish:

• That the at-fault person or entity owed the worker a legal duty of care to act reasonably under the circumstances
• That the at-fault party breached—or violated—their legal duty of care to the worker
• That the at-fault party’s breach caused the construction site accident to occur
• That the worker suffered one or more physical injuries as a direct result of the construction accident

As part of a third-party claim or lawsuit, an injured construction worker can recover additional damages, including compensation for their pain and suffering, inconvenience, loss of life enjoyment, permanent impairment, or loss of use of a body part. However, some insurance companies may offer injured construction workers less compensation if they already received monetary benefits through their workers’ compensation claim.

The main purpose of the California Workers’ Compensation System is to recover monetary benefits from the employer’s insurance company. However, an injured worker may be eligible to file a claim or lawsuit against a negligent third party in limited situations, such as when an employer has no workers’ compensation insurance or commits a willful assault against a worker.

The experienced Santa Ana construction accident lawyers at Bentley & More LLP will do everything possible to pursue the full compensation the law allows for your third-party damages and advocate for your legal interests while negotiating with insurance company representatives. We can also file a lawsuit for you if the insurance company will not take your case seriously or fails to offer you the full compensation you need.

Frequently Asked Questions

What should I do first after a construction accident in Santa Ana?

Get medical care right away, report the accident to your employer in writing, and contact a construction accident lawyer as soon as you can. Acting quickly protects both your health and your legal claim.

Can I sue my employer after a construction accident in California?

In most cases, no. California workers’ compensation law generally bars lawsuits against your employer, though exceptions apply, such as when an employer has no workers’ compensation insurance or commits a willful assault. A lawyer can review whether an exception applies to your case.

How long do I have to file a claim after a Santa Ana construction accident?

You generally have 30 days to notify your employer of a work injury and one year to file a workers’ compensation claim. If a third party caused your injury, you typically have two years to file a personal injury lawsuit, though this can shrink to six months if a government agency was involved.

Can I file a claim against someone other than my employer?

Yes. If a subcontractor, property owner, or equipment manufacturer contributed to your accident, you may be able to file a third-party claim for compensation beyond your workers’ compensation benefits.

What if my workers’ compensation claim gets denied?

A denial is not the end of your case. You can appeal through the California Workers’ Compensation Appeals Board, and an attorney can help gather the medical evidence needed to challenge the denial.

Does it cost anything to talk to Bentley & More LLP about my case?

No. Bentley & More LLP offers a free initial consultation and works on a contingency fee basis, so you pay no attorney fees unless the firm recovers compensation for you.

Contact a Skilled Construction Accident Lawyer in Santa Ana Today

Greg Bentley &  Keith More, Construction Accident Lawyers

If you are a construction worker and recently suffered injuries in an on-site accident, you should take legal action right away. Waiting to retain skilled legal counsel to represent you in your case can be extremely damaging. In fact, waiting too long may jeopardize your right to recover any monetary damages for your construction-accident injuries. Reach out to a Santa Ana personal injury lawyer.

Insurance companies are often large entities with vast resources and teams of lawyers. They make profits by paying as little on as few claims as possible. Needless to say, the insurance company’s interests do not align with your own.

At Bentley & More LLP, we can help you file a claim for workers’ compensation benefits—and/or a personal injury claim—depending on your accident circumstances. In either instance, we will aggressively fight for your legal interests when negotiating with insurance company representatives and pursuing compensation on your behalf.

We can also help you make intelligent legal decisions throughout your pending claim, ensuring you maximize the monetary benefits and damages you are entitled to recover.

Let us help you pursue a monetary award that truly compensates you for your worksite injuries. For a free case evaluation and legal consultation with a knowledgeable Santa Ana construction accident attorney, please call us at (949) 870-3800 or contact us online to learn more.

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Bentley & More LLP Office

Address: 4931 Birch Street Newport Beach, CA 92660
Phone: (949) 870-3800