Construction Accident Attorney in Baldwin Park, CA
Construction workers are typically at a higher risk of workplace injury due to the dangerous nature of their job. When an accident happens on-site, California offers certain protections to injured employees. Working with a Baldwin Park construction accident lawyer can help ensure your rights are protected throughout your workers’ compensation case.
Choose Knowledgeable Personal Injury Lawyers in California
Thon Beck Vanni Callahan & O’Connor are legal advocates for residents of California. When you work with our personal injury lawyers in Baldwin Park, you won’t be treated as just another case number. We understand the devastation a work injury can cause for survivors and work tirelessly to secure results for our clients. We’ve fought to win:
- $6,896,264 for a sheet metal worker who sustained a brain injury when an object fell on him while on a job site
- $1,185,000 for a client who suffered a leg amputation due to an incident at work
- $653,000 for a teacher who suffered multiple injuries after falling in the classroom due to improperly maintained premises
Our firm offers free consultations to residents of Baldwin Park and surrounding cities in California to discuss the details of what happened to you.
California Workers’ Compensation Laws
2,442 workers in Baldwin Park were employed in construction and extraction occupations in 2023. Top local companies include Pankow Builders, Caliber Construction, Inc., Pacific Mechanical Contractors, and AG & B Construction, Inc.
In 2023, California’s private industry reported 363,900 cases of workplace injuries and illnesses. The construction industry had the highest number of workplace fatalities that year, with 78 deaths. Thirty-four of these deaths were due to a slip, trip, or fall.
Every employee in California has the right to receive workers’ compensation benefits if they get injured on the job. You’ll have thirty days after the incident to report it to your employer, both verbally and in writing. From there, you’ll start the process of filing your workers’ compensation claim.
The Workers’ Compensation Benefits You’re Entitled To
In California, when a worker is hurt on the job, the employer must use workers’ compensation insurance to pay for the employee’s medical care. Most employers are legally required to have this insurance. It includes:
- Doctor visits
- Hospital care
- Medications
- Medical supplies
- Medical devices, such as braces or prosthetics
- Travel costs for required medical exams
- Home health care, if deemed medically necessary by a doctor
Employers must also pay the injured employee disability payments while they’re unable to work. If the employee is expected to return to work after a short time away, they’ll begin receiving disability payments two weeks after the first day they take off work for recovery. These payments will be every two weeks, and are two-thirds of a worker’s average wage.
Permanent Disability Payments and Supplemental Job Displacement Benefits
In cases where the injured worker is affected long-term, they may be entitled to permanent payments. This is based on:
- The severity of the injury
- The age of the worker
- The nature of the worker’s job
Serious injuries may qualify for lifetime disability payments. If the injured worker can’t return to their original role and their employer can’t offer an alternative, the worker is typically entitled to receive a voucher. This is meant to pay for retraining or skill development for a different job.
Employers are also not allowed to retaliate against you for filing a workers’ compensation claim. This includes demoting you or harassing you. If you’re facing any pushback about receiving your benefits, hire a construction accident lawyer to help you understand your rights and legal options under California law.
Who You Can File a Legal Claim Against
Despite being entitled to workers’ compensation benefits, injured workers may still open a legal claim against the responsible party. This can be done at the El Monte Courthouse, located at 11234 East Valley Boulevard in El Monte. Workers can file a claim against:
- Third parties. If another party was responsible for your injury, such as a separate contractor, you may be able to open a third-party claim against them. Your employer can also file a claim against them to recover the money paid to you in workers’ compensation.
- Product manufacturers. This applies to those injured while doing maintenance work or injured by their tools. In these cases, you may be able to file a legal case against the manufacturer of the product.
- The owner of the property where the injury occurred. When a visitor is injured due to the owner or occupier of a property failing to maintain it, the visitor can open a legal case against them. For example, if you fell from a homeowner’s unstable roof while doing construction work on their home, you may be able to open a legal claim against them.
How California Courts Determine Fault in a Third-Party Claim
Courts in California determine fault in a third-party claim by assigning everyone involved in the incident a percentage of fault. They’ll assign the victim a percentage, too, as they understand that there are typically no blameless victims. Even small mistakes can lead to an accident.
Any compensation awarded to you will be reduced by your percentage of fault. For example, if you win $100,000 but were deemed to be 10% at fault, you would only receive $90,000. This system helps ensure wrongdoers only pay what they’re responsible for.
The amount of compensation you win is based on the evidence you provide and the losses you’ve suffered. Victims can request damages to help them recover compensation for their:
- Medical bills, such as surgeries, medications, physical therapy, mobility aid devices, and mental health counseling.
- Lost income due to missing work
- Pain and suffering
- Disfigurement
- Loss of enjoyment of life
Hire a Construction Accident Lawyer to Represent Your Unique Case
Reach out to the team at Thon Beck Vanni Callahan & O’Connor to learn how our attorneys can assist you. We have a niche focus on personal injury law in California and have years of experience handling similar cases. Our firm offers free case evaluations to those living in Baldwin Park and the surrounding towns in California.