Los Angeles Construction Accident Attorney
Construction sites are inherently dangerous places, and construction site injuries can leave workers seriously injured with chronic pain, inability to work, and staggering medical expenses. If you or a loved one were the victim of a construction accident, the legal team at Ellis Law might be able to help you pursue compensation for your injuries and hold any negligent parties responsible for the harm you have suffered.
At Ellis Law, we work tirelessly for victims of construction accidents. We understand that it’s not everyone’s first instinct to contact a lawyer after being involved a serious accident. There are physical and emotional injuries that need to heal, and this is and should be your first priority. Once you’re ready to hire a lawyer, though, we can help. At Ellis Law, we will make this process as easy as possible for you. Don’t miss out on compensation that you might be entitled to just because you think it will be a difficult process. Our construction accident attorneys have decades of experience in the field and:
- Understand how to investigate work zone accident scenes. This often includes taking photos of the scene, taking note of whether there are any warning signs in place or whether there should have been, interviewing witnesses, obtaining medical records, reviewing any available surveillance footage, consulting with expert witnesses, and much more.
- Know California safety laws and regulations. All of our attorneys stay up-to-date on changes and alterations to any rules and regulations. We have been handling construction accident cases for years, and our experience and dedication shows.
- Have a proven track record of successful settlements and verdicts totaling millions of dollars. All of our lawyers are experienced in litigation and negotiation. If the defendant isn’t willing to make an appropriate settlement offer, we’re never afraid to take a case to trial and seek the compensation you’re truly entitled to.
Contact us in Los Angeles today. We will carefully listen to the facts of your case and advise you of any legal options available to you.
How Can a Construction Accident Attorney Help Me?
At Ellis Law, our construction accident attorneys work diligently to establish a successful claim on your behalf. We guide you through the legal process from start to finish and protect your rights against any insurance company tactics to deny, lower, or shift the blame for your accident.
Our construction zone accident attorneys at Ellis Law will build your case for compensation by thoroughly examining the evidence, including:
- Reviewing photos of the accident scene and wreckage;
- Visiting the accident scene and wreck;
- Obtaining any witness statements;
- Reviewing details in the police report;
- Using accident experts to examine the debris, tire tread marks, and other accident evidence. In some cases, we even have an expert witness recreate the accident so we can determine the true cause; and
- Compiling medical records to establish the extent and prognosis of your injuries.
Ellis Law will then aggressively represent you in negotiations or take your case to trial if needed. Most cases settle before they get to trial, but hiring a firm that has lawyers who are experienced and not afraid to try your case in court is crucial. The last thing you want after suffering a serious injury is to have a lawyer who doesn’t want to try your case and instead pushes a mediocre settlement offer on you just to resolve the case quickly and easily.
Call the Los Angeles office of Ellis Law today and schedule your complimentary consultation with an experienced construction accident attorney.
Causes of Construction Accidents
Construction sites are extremely hazardous places, and construction workers face a possible injury every day. The Occupational Safety & Health Administration, OSHA, has identified the top causes of injuries on construction sites, these include:
- Falling from heights;
- Trench collapse;
- Collapsed scaffolding;
- Electric shock and or arc blast;
- Failure to use appropriate protective gear; and
- Repetitive motion injuries.
Workers on construction sites are also injured by traffic collisions, ladder collapses, malfunctioning tools or equipment, errors made by other workers, and accidents with tools or machinery. Injuries often include back injuries, brain injuries, and herniated disks.
Compensation for a Construction Accidents
The amount of compensation and the types of damages available for a construction accident vary, but most include:
- Medical bills, including emergency room visits, surgery, various therapies, physicians, medications, and medical supplies;
- Personal care or assistance with daily personal needs;
- Physical, emotional, and mental pain and suffering;
- Scarring, disfigurement, impairment, or disability;
- Future damages for the ongoing loss of income and medical care; and
- Lost wages.
Most California Construction Workers Should Be Covered By Workers’ Comp
If you are an employee who was injured in a construction accident in California, it’s likely that you are covered under California workers’ compensation laws. Every employer in California who has at least 1 employee is required to carry workers’ compensation coverage.
Workers’ compensation is essentially no-fault insurance coverage. If you’re injured at work, you are entitled to workers’ compensation in almost all circumstances, even if it wasn’t the fault of your employer. In many cases, even if the injuries you sustained were your own fault, you can collect workers’ compensation. Once a settlement is reached, your employer is shielded from liability – you’re unable to file any type of civil lawsuit against them for this incident.
Filing a Workers’ Compensation Claim in California
While it’s a good idea to hire an attorney to help you with any workers’ compensation claims you may have, it’s also wise to understand the rules and how it works so you can make sure you’re an active participant in your case. If you were injured at work and wish to file a claim, you should take the following steps:
- Report Your Injury. The first thing you need to do is report your injury to your employer. The sooner you report it, the sooner you’ll be able to receive any benefits that you’re entitled to. Additionally, if you wait longer than 30 days to report your injury to your employer, you could be barred from recovering any compensation.
- Get Medical Treatment. Anytime you are injured on the job, it’s a good idea to seek medical treatment. Whether this is a trip to your primary care physician or the emergency room, make sure you let them know that your injury occurred on a job site. This documentation can be important going forward. If you don’t need to seek medical attention immediately, it’s also in your best interest to speak with your employer before you do so. There are rules surrounding which doctor you’re allowed to see and what you have to do in order to see the doctor of your choice. Unless you’ve pre-designated a doctor prior to your injury, you may not be able to choose your own doctor for a work-related injury. Make sure you don’t inadvertently see a doctor that will make your claim more difficult.
- File a Claim. The next step is to report your workers’ compensation claim. While you aren’t required to use a lawyer for this step, it can often be helpful to do so. The quicker you submit the claim and the less mistakes you make, the sooner you will get any benefits that you’re entitled to. Once you complete the claim form, you need to provide the form to your employer. Make sure you keep a copy for your records.
- Wait For Your Employer. Once you complete your portion and return it to your employer, it’s their turn to fill out the employer portion of the form. Once they do, they should provide you with a copy of the completed form.
- Wait For a Decision. Once you and your employer complete your respective portions and submit the claim, the insurance company should notify you within 14 days to update you on the status of your claim. If you don’t hear from them within two weeks, it’s a good idea to reach out and see what is going on. A lawyer can assist you with this step as well.
If Your Claim is Denied
If your workers’ compensation claim is denied, don’t give up – you still have options. At this point, however, it’s crucial that you speak with an experienced attorney who can assist you with handling your denied claim. In order to object to the denial of your workers’ comp claim, you must file an Application for Adjudication of Claim. It must be filed at the Division of Workers’ Compensation in the county that you live or the county in which you were injured. You must serve all other parties, which generally includes the claims administrator.
Once you file this application, you will receive a notice from the Division of Workers’ Compensation confirming that it has been filed. They will then assign you a case number which you can use to track the status of your claim.
You’re then permitted to file a Declaration of Readiness to Proceed to request a hearing. Once this is filed, your case will be scheduled for a hearing.
At the hearing, you will appear with your claims administrator and/or their attorney, as well as your attorney if you have one. The judge will discuss the case with all parties and attempt to reach a settlement in the case. If an agreement cannot be reached, you will need to prepare documents explaining the issue and why you’re appealing the denial of your claim. You must identify all evidence, witnesses, and any other information that will be used at trial. Once this is completed, the judge will schedule a trial.
The trial will be held in front of a different judge. You are required to attend the hearing. Once the trial takes place, the judge will make a decision and send it to you via mail. This usually takes between 30 and 90 days. If either party disagrees with this decision, a Petition for Reconsideration can be filed.
If you’re injured at work but a third-party is responsible for your injuries, you likely won’t be able to recover any compensation by filing a workers’ compensation claim. In this case, you would need to file a third-party lawsuit. A third-party lawsuit in this case operates the same way as a typical personal injury claim in civil court. If you were injured at work and believe someone else other than your employee was partially or fully responsible for your injuries, contact Ellis Law today for assistance.
Contact an Experienced Los Angeles Construction Accident Attorney
The Los Angeles personal injury attorneys at Ellis Law can advise you and your family about the types and amounts of compensation available in your specific case. Reach out to us in Los Angeles today to discuss your potential claim and schedule a no-obligation consultation with a construction accident attorney.
California requires construction accident claims to be filed within specific time frames, so do not delay in calling Ellis Law. We will ensure your claim is filed correctly and on time, allowing you to receive the maximum amount of compensation available to you under the law. We understand how frustrating it can be to suffer an injury on the job and be out of work. We will handle your case each step of the way so you can focus on healing.