Written and reviewed by Josh Kohanim, Esq., California Bar No. 328609 · Reviewed
Local differences in Orange County
Site injury investigators
The Division of Occupational Safety and Health lists a Santa Ana district office at 2 MacArthur Place, Suite 720, Santa Ana 92707. That is where an Orange County site inspection is opened, where the inspector's notes and photographs live, and where citations against a contractor are issued. A citation does not decide your civil case, but the inspection file usually contains the first neutral account of what happened on the site, taken while the scaffold, the trench or the machine was still in place.
Public projects and six months
Orange County has a large volume of school, city and county construction, and a public owner changes the sequence. Before suing a public entity you present a written claim, and the deadline is six months. Against the county, the Clerk of the Board "receives and processes claims, summons and complaints against the County," at 400 West Civic Center Drive, Santa Ana. Against a city, it is that city's clerk. Nothing about a workers' compensation claim already on file preserves that six month deadline for you.
| Claim type | Where it goes | Deadline |
|---|---|---|
| Workers' compensation | Your employer's carrier | Report to the employer promptly |
| Third party lawsuit | Central Justice Center, Santa Ana | Two years |
| Claim against a public owner | That agency's clerk or board | Six months |
Who can be sued besides your employer, what the workers' compensation carrier takes back out of a recovery, and how immigration status is treated are covered on our Los Angeles construction accident lawyer page. Related: Orange County catastrophic injury lawyer, brain injury lawyer, truck accident lawyer, wrongful death lawyer and the hub, Orange County personal injury lawyer.
Construction accidents can cause serious injuries, leaving workers unable to work and in need of long-term medical care. If you or a loved one has been hurt in a construction site accident, you may be entitled to compensation.
Wise Law specializes in helping injured construction workers recover compensation for their injuries. We understand the complexities of construction accident cases and are committed to fighting for your rights. Our experienced Orange County construction accident lawyers will guide you through every step of the legal process.
Common Causes of Construction Accidents in Orange County
Construction sites can be dangerous places, and accidents are common. Understanding the causes of these accidents can help you determine who is responsible and how to pursue a personal injury lawsuit.
Here are some common causes of construction accidents in Orange County:
Falls from Heights (Ladders, Scaffolding, Roofs)
Falls from heights, like ladders, scaffolding, or roofs, are common construction injuries. These accidents can cause serious harm, like broken bones or even death. Construction companies need to make sure workers are safe by using safety gear like harnesses and guardrails.
When these accidents happen due to someone else’s negligence, an Orange County construction accident lawyer can help you get the compensation you deserve. Occupational safety is key to preventing these deadly construction accidents.
Struck-by Accidents
If a construction company does not follow California law and an accident happens, a construction accident attorney can help you pursue compensation for workplace injuries and lost wages.
Equipment Malfunctions and Defects
These accidents can lead to life-altering injuries, so it’s important to have experienced attorneys to help you recover compensation.
Trench Collapses and Excavation Accidents
Trench collapses and accidents during digging are very dangerous in the construction industry. Workers can get trapped under dirt and suffer serious injuries. Construction companies must follow safety rules to prevent these accidents.
If the company does not take proper safety measures, an Orange County construction accident attorney can help you file a personal injury lawsuit to recover compensation for injuries caused by someone else’s negligence.
Electrical Accidents
If an electrical accident occurs due to someone else’s negligence, a construction accident attorney can help you get compensation for your injuries and lost wages.
Hazardous Materials Exposure
Workers in the construction industry may be exposed to dangerous materials like asbestos or toxic chemicals. Long-term exposure to these substances can cause serious health problems like lung disease or cancer. Construction companies must protect workers from these dangers.
If you’ve been exposed to hazardous materials at work, a construction accident lawyer can help you file a workers' comp claim or a personal injury lawsuit to recover compensation for your medical bills and suffering.
Who Can Be Held Liable in a Construction Accident?
Determining who is responsible for a construction accident is an important part of filing a construction accident claim. Depending on the circumstances, several parties may be held liable for an accident.
Here’s a breakdown of who can be held responsible:
Employers and General Contractors
Employers and general contractors are typically responsible for ensuring that the construction site is safe. They must provide necessary safety training, maintain equipment, and follow health and safety regulations. If an employer’s negligence caused the accident, they could be held liable for the worker's injuries.
Subcontractors and Third-Party Contractors
Subcontractors and third-party contractors can also be held responsible if their negligence or actions contributed to the accident. For example, if a subcontractor improperly installs equipment or fails to follow safety protocols, they could be held accountable for any injuries that result.
Property Owners
Property owners can also be held liable if they fail to maintain a safe construction site or ensure compliance with safety standards. If an unsafe condition on the property caused the accident, the property owner might be responsible for the worker’s injuries.
Workers’ Compensation vs. Third-Party Claims
Third-Party Lawsuits
In some cases, injured construction workers may be able to file a third-party lawsuit against someone other than their employer. This is common when the injury is caused by a third-party contractor, defective equipment, or unsafe property conditions. A construction accident lawyer can help determine whether you have grounds for a third-party lawsuit.
Compensation Available in a Construction Accident Claim
When you file a construction accident claim, you may be entitled to compensation for various damages. The compensation you can receive depends on the severity of your injuries and the circumstances of the accident.
Medical Expenses (Past, Present, and Future)
After a construction site accident, medical costs can quickly add up. From the medical treatment you receive right after the injury to ongoing care for permanent injuries like spinal cord injuries, it can be overwhelming. You may need long-term care, therapy, or medication.
Lost Wages and Reduced Earning Capacity
If you're unable to work because of your injury, you’ll lose income. If your injury keeps you from returning to your previous job or doing your work the same way, you may also face reduced earning capacity. Lost income can put a huge financial strain on you and your family.
An Orange County construction accident attorney will help you include lost wages in your workers' compensation claim and ensure you get fair compensation for the time you can’t work.
Pain and Suffering
After a construction site accident, the pain you feel can be more than just physical. Pain and suffering also include emotional stress, anxiety, and how the injury affects your daily life. For permanent injuries like spinal cord injuries, the pain might never go away.
An Orange County construction accident attorney will help make sure that your pain, both physical and emotional, is factored into your compensation, so you are properly compensated for your suffering.
Disability and Long-Term Care Needs
An Orange County construction accident attorney will work to ensure your workers' compensation claim includes compensation for these long-term needs, so you aren’t left struggling financially.
Loss of Consortium
When you are seriously injured, your family can also suffer. Loss of consortium refers to the emotional and physical loss a spouse or family member feels when their loved one is no longer able to provide the same companionship or affection due to an injury. This can be especially tough if the injury is permanent.
Frequently Asked Questions (FAQs)
What should I do if I’m injured on a construction site?
If you're injured on a construction site, first get medical help. Seek medical treatment right away, and tell your employer about the injury. After that, contact an Orange County construction accident attorney to discuss your legal options and make sure you get the compensation you deserve for your common injuries.
What if the accident causes permanent injuries?
If the accident leads to permanent injuries, you may need long-term care or help with daily tasks. You could be entitled to vocational rehabilitation to help you return to work. Your attorney will work to get compensation for future earnings you might lose and for the ongoing medical care you’ll need.
Can I file a claim if the accident resulted in a worker's death?
Yes, if a worker's death occurs due to a construction accident, surviving family members may be able to file a wrongful death claim. An Orange County construction accident attorney can help the family seek compensation for medical bills, funeral costs, and emotional distress after the loss of a loved one.
What are the most common causes of construction accidents?
Some of the common injuries in construction accidents come from falls, crane accidents, faulty wiring, and equipment malfunctions. Accidents can happen due to unsafe conditions or someone else's negligence. It’s important to have an attorney who knows the law and can help you get fair compensation.
How can workers recover compensation for crane accidents or electrical injuries?
For accidents like crane accidents or injuries caused by faulty wiring, workers may be able to get workers' compensation benefits or file a personal injury claim. If the injury was caused by someone else’s mistake, like improper equipment, an attorney can help you recover compensation for medical bills, lost wages, and pain and suffering.