Sacramento Construction Accident Attorneys
A construction worker injured on the job needs a Sacramento construction accident attorney experienced in both civil jury trials and the workers’ compensation system in California.
The workers’ compensation system forum typically does not provide enough relief to an injured worker, but covers many of the immediate necessities such as medical treatment and temporary disability payments. Although a third party claim in the Superior Court can take significantly longer, it typically provides a better remedy.
Kyle K. Tambornini, the Sacramento construction accident attorney at Eason & Tambornini, is a respected civil trial lawyer in Sacramento, and was voted by his peers to serve as president of the Capital City Trial Lawyer’s Association. Likewise, Kyle K. Tambornini has tried well over one hundred claims before the Workers Compensation Appeals Board, and thus has an exceptional knowledge in both forums. His knowledge is particularly valuable in these cross-over matters. In addition to handling these types of matters, Mr. Tambornini is a lecturer on the intricacies of workers compensation and personal injury cross-over litigation, which is customary in construction accidents.
Our Sacramento construction accident attorney handles cases arising out of scaffolding falls, crane accidents, unsafe trenches, construction equipment failure, contractors’ negligence, contractors’ unsafe acts, OSHA violations, electrical injuries including serve burns, and similar claims.
If you are injured on a construction site, it is important that you apply for workers compensation benefits as soon as possible so as to get the medical treatment and financial support you need. Unlike traditional car accident, motorcycle accident, truck accident, or medical malpractice cases, it is even more important to promptly hire a construction accident attorney to ensure that evidence is preserved. The very nature of a construction site brings with it the expectation of quick changes, and thus if a construction accident attorney is not immediately hired critical evidence may be lost forever.
Once you have applied for workers compensation benefits and hired a knowledgeable construction accident attorney, we will guide you to ensure that you receive medical treatment from some of the best doctors available. Likewise, we will also maximize your temporary disability payments while you recover from your injury. Once your injury has stabilized, our construction accident attorneys will transition the case into the Superior Court where the ability to recover for your injuries is usually better. Our construction accident attorneys can handle not only the prosecution of your case, but also the lien issues so as to maximize your recovery.
Similar to what you see in brain injury, spinal cord injury, and wrongful death cases, our construction accident attorneys have strong relationships with leading structured settlement companies to make sure, when applicable, that any settlement is strategically set up to protect against taxes and creditors.
Frequently Asked Questions posed to our Sacramento Construction Accident Lawyers:
The ability to sue for a construction site injury depends not only on whether someone was negligent, but also on whether the negligent person was your employer. Generally speaking, you cannot sue your employer for an accident, and your remedy is only workers compensation benefits. However, if the person that caused the accident was a general contractor, sub-contractor, property owner, or someone other than your employer, you may have the right to sue for your injuries. This is sometimes referred to as Third Party Liability. If you were hurt on a construction accident site, it is particularly important to speak with a construction accident attorney to see if you have rights beyond a workers’ compensation claim.
No. Although construction cases are far more complicated than most car accident, bus accident, or motorcycle accident cases, liability on the part of a defendant still usually boils down to the principles of negligence. As a general rule, to have a valid lawsuit for a construction accident injury, we would need to establish that the contractor, sub-contractor, employee or property owner that caused the harm failed to act as a reasonable person/company would have acted in the same or similar situations. One of the best ways to establish negligence is to show that the person/company did not follow OSHA or local ordinances, job-site rules, or general safety concepts.
Regardless of whether you can show negligence, a person injured on a construction job site, often has the right to file a workers’ compensation claim. Unlike a lawsuit, a workers’ compensation claim does not generally require the finding of any negligence or fault.
If you were injured in a construction site accident, is your recovery limited to workers' compensation benefits?
Workers’ compensation benefits are but one possible remedy for an accident on a construction site. If someone was negligent and caused your injury you may also have the right to file a lawsuit. There are also possible claims against private disability plans and premises insurance policies as well.
The amount you recover is not limited to the maximum allowable by workers’ compensation. However, there are often rights to reimbursement between insurance companies. Hiring a knowledgeable construction accident attorney is typically beneficial in reducing any amounts that must be reimbursed. If you have any further questions, please call one of our construction accident attorneys.
First-party claims are generally claims against your own insurance carrier, or claims against an insurance policy expressly for your benefit such as workers compensation. A third-party claim is generally referred to as a claim or a personal injury lawsuit which is against someone else. Third-party claims are commonly made against subcontractors, general contractors, property owners, and tool or machinery manufacturers. Third-party claims do not have the same limitations as workers compensation claims, but in a third-party claim you generally must prove negligence.
California has many statutes designed to protect individuals from injuries which result from accidents on construction sites. Besides the California Labor Code, the California Code of Regulations, and Appellate Court decisions, some job safety requirements may also be found in local regulations, building permit conditions, and the contracts between the developer and the contractors. These additional requirements often include safety provisions that may prove beneficial to an injured employee.
All on-site contractors, subcontractors and property owners have various responsibilities to create or maintain a safe working environment on a construction site. If a site is unsafe and causes an accident, determining which particular entities or persons are responsible for the accident is a particularly important job of a construction attorney.
OSHA is an acronym for the Occupational Safety and Health Administration. It is a federal governmental agency established to prevent workplace accidents. When there is an accident on a construction site, one of the best places to look to determine whether a contractor was negligent is the applicable OSHA regulations.
Cal-OSHA is similar to the Federal OSHA system, but it contains additional standards, some of which are stricter than the Federal OSHA standards. A contractor in California is generally required to comply with the stricter of the two standards. Cal OSHA is based on Federal OSHA, but adds standards and modifies those guidelines to include more programs and more stringent penalties. Cal-OSHA provides more protection in that is requires a written Injury and Illness Prevention Program; it has stricter limits on chemical exposures; it has stricter ergonomic safety procedures; and it requires permits for work for many trenches and excavations five feet or deeper, demolition or scaffolding more than three feet high, and for most work over three stories high.
Our construction accident attorneys see all types of construction accidents. However, some of the more common causes of construction accidents include: dangerously assembled and maintained scaffolding; crane accidents, electrical accidents; failure to warn of a dangerous trench or step; failure to fence properly; attractive nuisance; design defects; falls from heights; falling objects; and unsafe equipment, including defective or poorly maintained tools.
Some of the most common safety violations that lead to construction site accidents include failing to provide and properly maintain protective equipment such as safety lines, harnesses, lifelines and tie-offs. Additionally, many serious injuries are caused by people falling through hazardous openings without safety barriers or safety nets.
Poorly installed and poorly maintained scaffolding, ladders, and hoists are also particularly dangerous. Not surprising to construction workers, open trenches and excavation holes can be the most dangerous of all.
The most common types of injuries from a construction site accident are: brain injuries; spinal cord injuries; back and neck injuries; broken bones; paralysis; scarring; closed head injuries; amputated limbs; and, unfortunately, wrongful death.
Construction sites are dangerous by nature. This is because construction workers are involved in repairing and/or building structures using heavy equipment, scaffolding, and dangerous materials. Construction sites deal with heights and trenches, both of which can be dangerous. Additionally, anytime you are dealing with electricity, welding equipment, or tools a hazardous work condition may exist.
Sadly, many contractors choose to cut corners and rush projects. They also fail to properly train and provide safety equipment or take safety measures. These factors increase the chances of a construction accident.
The Occupational Safety and Health Administration (OSHA), reports that nearly 3 out of 4 scaffolding accidents are the result of support failure or falling objects. Scaffolding accidents notoriously cause serious brain injuries, spinal cord injuries, and back and neck injuries. If you were injured in a scaffolding accident, you likely have the right to workers’ compensation benefits. In addition to workers compensation benefits, you may also be entitled to compensation in a third-party claim against the responsible contractor, sub-contractor, or even the property owner in some cases. If you were involved in a scaffolding accident, it is particularly important that you contact a construction accident attorney immediately to see that critical evidence is preserved. Please call one of our construction accident attorneys for a free consultation.
Many construction site accidents are caused by defective tools or equipment. When this happens you may not only have a workers’ compensation claim, but you may have the right to file a third-party lawsuit against the manufacturer of the tool or equipment, or possibly the person who was responsible for maintaining the tool or equipment safely.
If you were injured in the course and scope of your employment, you have the rights to the traditional workers’ compensation remedies which include medical treatment, temporary disability payments, and permanent disability payments. If someone other than your employer was negligent, you may also have rights to traditional personal injury damages including medical expenses, loss of past and future income, and pain and suffering. Your spouse may have a loss of consortium claim as well. If the construction site accident causes a death, the family members may have a right to recover for the wrongful death.
Construction accident site claims are far more complex than the average car accident or workers compensation claim. Besides the need to quickly preserve evidence there are complexities in the interplay between third-party claims and workers’ compensation claims. A good construction accident attorney typically utilizes the workers compensation system to obtain immediate relief and benefits for the client, and then maximizes the long-term benefits through recovery in the third-party suit. Finally, a construction accident attorney can potentially add significant value in the negotiation of liens between the workers compensation insurance company, third-party insurance company, and any health care providers or government entities involved.
The construction site accident attorneys at Eason & Tambornini work almost exclusively on a contingency basis. You do not owe us anything unless you hire us and we win, and then we are paid a percentage of your settlement. The percentage is a fee amount negotiated in advance, and given to you in writing. If you would like to discuss your construction accident claim without any obligation, please give us a call for a free consultation.
Construction workers are somewhat expected to be familiar with a construction site and to have general knowledge about how to avoid dangers. A bystander or visitor to a construction site does not necessarily have that same knowledge and experience. As such, a bystander or visitor to a construction site may have better claims than injured workers.
Expert witnesses are individuals that have special knowledge or insight that a judge or juror may not have. Their insight is often particularly helpful with respect to dangerous conditions and failed safety procedures. Expert witnesses are also useful in establishing the nature and extent of injuries, such as when a doctor testifies about need for future medical treatment. Experts are helpful in calculating damages from loss of wages, earning abilities, or life care needs arising from a construction accident or construction site injury.
The U.S. Bureau of Labor Statistics reports that approximately 100 workers are killed in forklift accidents per year nationally. An additional 20,000 people suffer serious injuries in forklift accidents. Overturned forklifts are the most common cause of death from a forklift accident. Some of the more common reasons a forklift tips over are: improperly secured loads; improperly positioned loads; and instability of the loads. Likewise if the load is too heavy, a forklift can fall over. Of course, operator error from excessive speed or driving on uneven surfaces can cause tipping. Too often the underlying cause is a failure to train the loaders and/or operators of a forklift.
If you have been injured in a construction accident our Sacramento construction accident attorneys at Eason & Tambornini will provide you with a free consultation. If you are not unable to travel, we can usually make arrangements to come to you.