Have you been seriously injured in a construction site accident in San Diego, CA? Workers’ compensation has many perks for injured workers, but do not count on the insurance company to give you the full benefits you deserve. You may also be eligible to seek compensation outside of workers’ compensation for pain and suffering and other losses.
Mission Personal Injury Lawyers, P.C. has fought for injured construction workers and their families for more than 20 years. Contact our law office in San Diego, CA, today for a free case review with a San Diego construction accident lawyer, or call us at (619) 777-5555 to discuss how we can help you.
Table of Contents
How Mission Personal Injury Lawyers, P.C. Can Help You After a Construction Accident in San Diego
Recovering workers’ comp benefits should be easy thanks to the no-fault system in place. However, many injured workers find their claim unfairly denied. You may be up against an insurance company and physician that minimize your injuries or claim you are not truly disabled. Our San Diego personal injury lawyers will serve as your advocate, protect your rights, and pursue fair compensation on your behalf.
Mission Personal Injury Lawyers, P.C. has been awarded the Best of the Bar by the San Diego Business Journal and earned the 2020 Lawyers of Distinction award. Our award-winning San Diego construction accident lawyers put more than 43 years of combined experience to work for you. Since 2010, we have recovered tens of millions in jury awards and settlements for our clients with a 99% success rate.
When you hire Mission Personal Injury Lawyers, P.C. to represent you, we will tirelessly:
- Give personal attention to your case, legal advice, and support
- Analyze your accident to gather evidence and identify all possible avenues for compensation, such as negligent third parties or manufacturers
- Work with medical experts to prove your injuries and any disability or long-term impairment you will suffer
- Communicate and negotiate with the insurance company on your behalf
- Help you submit a strong workers’ compensation claim with supporting medical evidence and represent you at your hearing
The insurance company is not on your side, but Mission Personal Injury Lawyers, P.C. is. Call our law office in San Diego, California, today for a free consultation to discuss what we can do to help you recover the compensation you need.
How Common Are Construction Accidents in San Diego, CA?
Construction is the most dangerous industry for American workers. Construction accidents are a top cause of serious workplace injuries. They are also a leading cause of workplace fatalities in the United States, along with agriculture and forestry and transportation and warehousing.
Over 5,300 workers were killed in workplace accidents in 2019, and one out of every five were construction workers. Construction site accidents were also attributed to over 150,000 injuries in the United States that year. Men between 25 and 34 were at the highest risk of a construction-related injury or death.
Construction injuries and fatalities alone are responsible for 15% of workers’ compensation costs nationwide.
There were 483,000 nonfatal workplace injuries and illnesses reported in California in 2019. Of these, 29,000 occurred in the construction industry.
These nonfatal injuries were further broken down into three categories. Construction of buildings and heavy or civil engineering construction accounted for 7,000 injuries. Specialty trade contractors like plumbers, electrical contractors, and HVAC contractors have a disproportionately high rate of injury and workplace death.
In 2019, there were a total of 54,327 workers’ compensation claims submitted in San Diego County. That gives the county an injury rate of 3.5 for every 100 full-time workers.
California’s nonfatal workplace injury rate is higher than the national average. Additionally, it has the second-highest number of workplace deaths in the country after Texas. There were 422 workplace fatalities in one recent year.
What Is My Construction Accident Case Worth?
It’s impossible to answer how much your case is worth without a careful assessment of your circumstances.
Many factors can affect how much your case is worth, including:
- Whether you can pursue damages outside of workers’ compensation through a personal injury lawsuit
- Whether you settle your workers’ compensation case with a Stipulation and Award (paid over weeks or years) or a Compromise and Release (single lump sum)
- The type of injuries you sustained
- Whether you are permanently disabled or impaired
- Whether your case is appealed and whether you negotiate or accept the first offer
The value of your case will be capped if you pursue benefits only through workers’ compensation. This system caps benefits based on an adjusted maximum allowable amount.
Contact Mission Personal Injury Lawyers, P.C. today for a free consultation with an experienced San Diego construction accident attorney to discuss your case. We will help you explore what your case may be worth and whether you may be entitled to additional damages through a third-party lawsuit.
What Kind of Damages Are Available to Construction Accident Victims?
Injured construction workers are almost always eligible for workers’ compensation benefits. In San Diego, workers’ compensation benefits compensate you for specific economic damages you suffered.
These benefits include:
- Medical care. You are entitled to have your reasonable medical bills covered after a workplace accident.
- Temporary disability to compensate for lost wages. These benefits are two-thirds of your average weekly wage (AWW) and limited to 104 weeks within 5 years of your injury.
- Permanent disability to compensate for permanent inability to work and lost function. These benefits are based on the permanent loss of function (0% to 100%) determined by a physician. Benefits are paid based on your disability rating and are capped at $290/week.
- Job displacement benefits to pay for job retraining if you cannot return to your job but you can work.
Workers’ compensation does not allow you to recover compensation of benefits for non-economic losses like your pain and suffering, disfigurement, or mental anguish.
You may be entitled to pursue compensation outside of workers’ compensation in limited cases. Third parties who caused your accident can be sued for negligence or strict liability. This can include faulty equipment manufacturers, negligent drivers in a work-related traffic accident, or a negligent coworker.
The exclusivity rule of California Labor Code Section 3600 makes workers’ comp your sole remedy against your employer with some exceptions. In uncommon cases, you can sue your employer for your full economic and non-economic damages. The most common scenario is suing an employer that did not have mandatory workers’ compensation coverage.
Can I Recover Compensation if I’m Being Blamed for My Construction Accident in San Diego, California?
Because workers’ compensation is a no-fault system in San Diego, you can receive benefits no matter who was at fault. It doesn’t matter if you were completely at fault for your accident in most cases, but there are exceptions.
If you can pursue a third-party lawsuit for your accident, you will need to prove negligence or strict liability. In this case, any fault that is assigned to you can directly reduce the amount you recover under the pure comparative negligence doctrine in California.
We’ll Fight to Recover Compensation for All Your Construction Accident Injuries
Mission Personal Injury Lawyers, P.C. has represented hundreds of construction workers and families whose lives have been changed forever after a workplace accident.
We understand the devastating toll of your injuries and fight for full compensation for:
- Brain injuries
- Spinal cord injuries
- Catastrophic injuries
- Back injuries
- Puncture injuries
- Hearing loss
- Eye injuries
- Crushing injuries
- Repetitive motion injuries
- Occupational illness
Do not let the workers’ compensation insurance company undervalue your damages or minimize your San Diego construction injury. Contact Mission Personal Injury Lawyers, P.C. for help with a workers’ compensation claim or third-party lawsuit.
What Causes Most Construction Accidents in San Diego, CA?
Construction sites pose many inherent dangers to workers.
Workers frequently suffer serious or fatal injuries due to the following common job site dangers:
- Falls. This includes falls into trenches and falls from ladders, scaffolding, and heights. Inadequate fall protection is one of the top 10 Occupational Safety and Health Administration (OSHA) violations. Falls are the top cause of construction deaths: 320 out of 1,008 construction fatalities in 2018 were fall-related.
- Struck by object. This can include being hit by an object dropped from a height, struck by a swinging component on a vehicle, or crushed by a tipped forklift.
- Electrocution. There were 166 fatal electrical injuries in the U.S. in 2019, 43% of which were in construction.
- Heavy machinery and power tools. These accidents can be related to defects, a lack of protective features or safety equipment, or inadequate training.
- Vehicles such as dump trucks, forklifts, and cranes can cause injury due to tipping over, collision, or a malfunction.
Mission Personal Injury Lawyers, P.C. will investigate your accident to determine how it happened. You may be entitled to seek compensation from negligent parties, depending on the cause.
How Long Do I Have to File a Lawsuit After a Construction Accident in California?
There are time limits to keep in mind after a construction accident in San Diego. You generally have 30 days to report your work-related injury or illness in writing to your employer. If you do not, you may lose your right to workers’ compensation benefits.
The statute of limitations for filing your workers’ compensation claim with the Division of Workers’ Compensation is one year from the date of your accident. If the claim is not filed in time, you can lose your right to recover any workers’ comp benefits.
You have two years from the date of your injury to pursue a personal injury claim against a third party.
Contact a San Diego Construction Accident Lawyer for a Free Consultation
After a serious construction site accident, you should not be left battling an uncaring insurance company for the benefits you need. Mission Personal Injury Lawyers, P.C. is committed to giving you the legal representation you deserve in your workers’ compensation and/or personal injury case.
Contact our law firm today for a free consultation with a San Diego construction accident lawyer. We will help you take the next steps toward recovering the money you need to move forward with your life.