Bakersfield Construction Accident Lawyer

Bakersfield has experienced a significant construction boom in recent years. The city’s growing population and economy have fueled a surge in residential, commercial, and industrial development projects. While this growth is undoubtedly positive for the community, it has also led to a troubling increase in construction accidents and injuries.

Overall, the construction sector has always been one of the most dangerous for worker safety. In 2022, 20% of all national workplace deaths were in the construction industry, according to the U.S. Bureau of Labor Statistics. But these grim statistics are no excuse for a lack of construction worker safety.

If you or a loved one were seriously injured while doing construction work, call the Bakersfield construction accident lawyers at The Dominguez Firm today for a free consultation at (800) 818-1818.

What follows is more information on Bakersfield construction accident injuries and your rights if you’re injured while on the job.

Your Rights After a Bakersfield Construction Accident

Construction accidents can have devastating consequences for workers and their families. If you were  injured on a Bakersfield construction site, understanding your legal rights is crucial.  

Workers’ Compensation Benefits

California’s workers’ compensation system provides a safety net for injured workers. If you’re hurt on the job, you may be eligible for benefits including:  

• Medical treatment: Coverage for necessary medical care related to your injury.  
• Wage replacement: A portion of your lost wages while you recover.  
• Disability benefits: Compensation for permanent impairments.  
• Vocational rehabilitation: Assistance with job retraining if your injury prevents you from returning to your previous occupation.  

While workers’ compensation offers essential protection, it’s important to note that it’s a no-fault system. No-fault means you cannot sue your employer for negligence, even if they were at fault for the accident.  

Third-Party Liability Claims

In some cases, you may be able to pursue a claim against a third party who caused your injuries. Possible defendants could include:  

• General contractors: If they were negligent in overseeing the project.  
• Equipment manufacturers: If defective equipment caused the accident.
• Property owners: If hazardous conditions on the site contributed to your injuries.
• Another driver: If you were injured in a car accident due to another driver’s negligence.

Unlike workers’ compensation, a third-party lawsuit allows you to seek compensation for a wider range of damages, including pain and suffering, lost wages, and medical expenses.  

Common Causes of Bakersfield Construction Accidents

Construction sites inherently involve numerous hazards. Understanding the common causes of accidents can help prevent injuries.

• Falls from Heights: Construction sites involve significant elevation, making falls a major hazard. Lack of proper safety equipment, guardrails, or scaffolding can lead to catastrophic injuries.
• Equipment Malfunction: Defective or improperly maintained machinery and tools pose serious risks. Regular inspections and maintenance are crucial for preventing accidents.
• Electrocution: Exposure to live electrical wires can be fatal. Workers must receive proper training and adhere to safety protocols to avoid electrical shocks.
• Struck by Falling Objects: Objects falling from heights can cause severe injuries. Hard hats and other protective gear are essential, but preventing drops is paramount.
• Hazardous Materials: Construction sites often involve dangerous chemicals. Improper handling or exposure can lead to severe health consequences.
• Crush Accidents: Workers can be injured when caught in machinery or between objects.
• Vehicle Accidents: Construction sites often have heavy equipment and vehicle traffic. Pedestrians and workers must be vigilant and follow safety guidelines.

Who is Liable for a Construction Accident?

Determining liability after a construction accident can be complex. Several parties may share responsibility for your injuries. Potential defendants include:

• Property Owners: Owners of the construction site may be liable for unsafe conditions.
• General Contractors: Responsible for overall site safety, they can be held accountable for negligence.
• Subcontractors: Specific contractors hired for particular tasks may bear liability for their actions.
• Equipment Manufacturers: Defective equipment can cause accidents, making manufacturers potentially liable.
• Architects and Engineers: Design flaws or errors can contribute to accidents, leading to potential liability.
• Outside Parties: Other entities, such as utility companies or an individual driver could be responsible if their negligence contributed to the accident.

To maximize your chances of recovering damages, it’s important to identify all responsible parties. An experienced Bakersfield construction accident attorney can help determine who is liable for your injuries.

Common Injuries in Bakersfield Construction Accidents

Bakersfield’s construction presents unique injury risks. Common injuries sustained+ include:

• Head Injuries: Slip and fall injuries often lead to traumatic brain injuries (TBIs). Other causes include struck-by accidents and vehicle collisions.
• Spinal Cord Injuries: These can lead to paralysis and require extensive medical care. Common causes include falls, equipment accidents, and vehicle rollovers.
• Fractures: Broken bones are prevalent in construction, particularly in falls and equipment accidents.
• Crush Injuries: Heavy machinery and equipment can cause severe crush injuries.
• Burn Injuries: Electrical hazards, chemical spills, and fires can lead to burns of varying degrees.
• Soft Tissue Injuries: Sprains, strains, and lacerations are common in construction and warehouse environments.
• Repetitive Stress Injuries: Overuse injuries, such as carpal tunnel syndrome, can affect workers in various sectors.
• Inhalation Injuries: Exposure to hazardous materials in construction, oil, and warehouse settings can damage the respiratory system.
• Hearing Loss: Prolonged exposure to loud noise in construction and industrial settings can lead to hearing impairment.
• Vision Loss: Eye injuries caused by flying debris, chemicals, or equipment are common in construction and industrial settings.

How a Bakersfield Construction Accident Lawyer Can Help

Navigating the legal process after a construction accident can be overwhelming, especially after a serious construction accident injury. A skilled Bakersfield construction accident lawyer can provide invaluable assistance by:

• Investigating the Accident: Thoroughly examining the incident to determine the cause and identify liable parties.
• Gathering Evidence: Collecting crucial evidence to support your claim, such as accident reports, medical records, and witness testimonies.
• Dealing With the Insurance Company: Dealing with insurance adjusters and negotiating fair settlements.
• Calculating Damages: Assessing the full extent of your losses, including medical expenses, lost wages, pain and suffering, and future costs.
• Building a Strong Case: Developing a compelling legal argument to maximize your compensation.
• Representing You in Court: Litigating your case if a settlement cannot be reached.
• Providing Support and Guidance: Offering emotional support and explaining the legal process throughout the case.

A dedicated personal injury attorney specializing in construction accident claims can help you focus on your recovery while they handle every aspect of your case.

How Long Do I Have to File My Bakersfield Construction Accident Claim?

Here is an overview of the deadlines for filing a claim after a construction accident.

There are two possible types of claims:

• Workers’ Compensation Claim: If your injury occurred on the job, you generally have one year from the date of the injury to file a workers’ compensation claim. Your claim will cover medical bills and lost wages.  
• Third-Party Lawsuit: If someone else caused the accident, like a negligent contractor or equipment manufacturer, you might have a case against them. In California, you typically have two years to file a lawsuit. This is called the statute of limitations.  

However, there’s another important deadline; reporting the accident to your employer. In most cases, you need to report the accident to your employer within 30 days of the date it occurred. This  crucial step starts the workers’ compensation process. Failure to report the accident within this timeframe could impact your ability to receive benefits.  

It’s essential to note that these are general timeframes, and specific circumstances can influence these deadlines. Consult with a Bakersfield construction accident lawyer immediately to fully understand your rights and options.

Remember, time is of the essence when it comes to construction accident claims. Don’t hesitate to seek legal advice.

What Kind of Compensation Can I Recover For My Bakersfield Construction Accident Claim?

If you were injured in a Bakersfield construction accident, you might  wonder what kind of compensation you can recover. There are two main ways: a workers’ comp claim and a personal injury lawsuit.

• Workers’ Comp: If you were hurt while working, you can get money to pay for your medical bills and some of the money you lost because you couldn’t work. This comes from your employer’s insurance.
• Lawsuit: If someone else caused the accident, like a careless driver or a company that didn’t follow safety rules, you might be able to sue them.

If you are successful, you can obtain compensation for:

• Economic Damages: This means money for damages you can add up, like medical bills and lost wages.
• Non-Economic Damages: This money compensates you for your emotional losses. These can include pain and suffering and loss of enjoyment of life.

The amount of money you can get depends on many things, like how bad your injuries are, your financial losses due to your accident, and how strong your case is. Note that in California, there is no cap on how much can be awarded for non-economic damages, which is why it usually makes up the largest portion of a Bakersfield construction accident victim’s compensation.

A personal injury lawyer who specializes in construction accident cases can help you determine the value of your work accident claim.

Contact the Bakersfield Construction Accident Lawyers at The Dominguez Firm Today

Bakersfield’s construction boom has unfortunately led to a rise in workplace injuries. These accidents can result in devastating injuries, and understanding your legal rights is crucial.

 If you or a loved one has been injured in a construction accident, contact The Dominguez Firm today for a free consultation at (800) 818-1818. Our experienced Bakersfield construction accident attorneys can help you navigate this complex legal process, protect your rights, and fight for the compensation you deserve. Call us today!