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Roseville Construction Accident Attorney

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Jeff Sevey

Despite strict safety regulations, construction accidents remain common. If you've been injured on a construction site in Roseville, you're likely dealing with pain, medical bills, lost wages, and uncertainty about your future.

At the Sevey Law Firm, we understand the difficulties construction workers and their families face after a serious workplace injury. Our construction accident attorneys have recovered millions of dollars for injured victims, holding negligent contractors, property owners, and equipment manufacturers accountable.

Construction accidents often involve liability issues, multiple responsible parties, and insurance companies working to minimize your claim. You need an attorney who can pursue third-party claims that could increase your recovery. Contact us today for a free consultation.

Recoverable Damages in Construction Accident Claims

Unlike many personal injury cases, construction accident claims may include both workers' compensation claims and personal injury lawsuits, particularly when construction workers are injured due to a third party's negligence.

  • Healthcare and Treatment Costs: You may recover compensation for your medical care following the incident, from initial emergency treatment and specialist consultations to ongoing rehabilitation services, prescription drugs, medical equipment, and anticipated future healthcare needs related to your injuries.
  • Career Impact: When your injuries change your ability to earn a living, compensation addresses not only your immediate lost paychecks but also reduced work capacity, missed career advancement, lost benefits, and the long-term damage to your earning power.
  • Physical Discomfort and Emotional Impact: Beyond visible injuries, you may seek compensation for the daily struggle with pain, the mental toll of recovery, anxiety, and depression related to your condition and how these changes affect your ability to enjoy life.
  • Relationship and Family Life Disruption: Serious injuries often strain personal relationships and family dynamics. When your condition affects your ability to maintain intimate relationships, participate in family activities, or fulfill your role as a spouse or parent, the law recognizes that these personal losses may be compensated.

Common Causes of Construction Injury Accidents in California

Construction site injuries can have catastrophic consequences. Even with the best safety measures in place, accidents can happen. These are the causes we see most often in our practice:

  • Falls from Height: Falls from scaffolding, ladders, roofs, or other elevated structures are some of the most common and deadly construction accidents. These can be caused by defective construction equipment, lack of safety gear, or inadequate training.
  • Falling Debris: Workers can be seriously injured or killed when struck by tools, materials, or debris. This is particularly common on projects involving scaffolding.
  • Equipment Accidents: Industrial machinery and power tools pose serious risks on construction sites. Accidents can take place due to operator error, mechanical failure, or lack of proper safety measures.
  • Electrocutions: Crews often work near live electrical wires. Without the right precautions, this can lead to serious injury or death.
  • Trench Collapses: Excavation and trenching are some of the most hazardous construction operations. A collapse can bury workers under several tons of soil in seconds.

Determining Liability in Construction Accidents

Establishing who is responsible for a construction accident can be a demanding process. Unlike other workplaces, construction sites often involve multiple parties. Any of these parties could be held liable for your injuries.

  • Property Owners: In some cases, the property owner where the construction is taking place may be liable for accidents that occur on their premises. This is particularly true if they failed to disclose known hazardous conditions or maintain a safe work zone.
  • General Contractors and Subcontractors: Both general contractors and subcontractors must ensure the safety of their workers, from providing proper training and safety equipment to following all relevant safety regulations. If they fail in these duties, they can be responsible for any resulting injuries.
  • Equipment Manufacturers: If a piece of equipment or machinery is defective and causes an accident, the manufacturer of that equipment could be liable. This could also extend to any company responsible for maintaining or repairing that equipment.

Cal/OSHA

The California Division of Occupational Safety and Health, better known as Cal/OSHA, is responsible for enforcing safety regulations on construction sites. These regulations protect workers and prevent accidents. When a construction company fails to comply with these standards, it can be liable for any resulting injuries.

Cal/OSHA conducts inspections and investigates accidents to determine if safety regulations were violated. If you've been injured in a construction accident, a Cal/OSHA investigation can provide valuable evidence for your personal injury claim.

Common Types of Injuries in Construction Accidents

  • Traumatic Brain Injuries (TBIs): Falls, being struck by objects, or other accidents can cause serious head injuries. The effects can include long-term cognitive issues, memory loss, and personality changes.
  • Spinal Cord Injuries: Irreparable spinal cord damage can cause partial or complete paralysis, changing your ability to work and live a normal life.
  • Broken Bones: Construction accidents often involve heavy machinery or falls from height, which can lead to broken bones. These injuries can mean extensive medical treatment and rehabilitation.
  • Burns: Fires, explosions, or contact with hot materials can cause severe burns. These injuries often need months of medical treatment and can leave scars.
  • Amputations: In tragic cases, construction accidents can result in the loss of a limb. This is a life-changing injury that requires extensive rehabilitation and adaptive equipment.

Contact a Construction Accident Lawyer for a Free Consultation

No matter what type of injury you've suffered, The Sevey Law Firm knows the toll these injuries can take, and we stand ready to fight for the maximum compensation possible.

We know how to take on the legal system, negotiate with insurers, and build a solid case. With over 35 years of experience and more than 6,000 cases successfully handled, we have the knowledge and resources to help you get the justice you deserve. Contact us today for a free consultation.

FAQ

Do I have to contact a construction accident attorney?

If you've been hurt on a job site in Roseville, it's important to contact a Roseville construction accident attorney immediately. Early legal help protects your rights, especially if there are questions about liability, workers' compensation claims, or third-party claims beyond your employer.

How do construction accident cases differ from regular personal injury cases?

Besides involving on-the-job injuries, construction accidents are evaluated under OSHA violations. These cases often combine both workers' compensation claims and personal injury lawsuits when construction workers are injured due to a third party's negligence.

Can I file a personal injury claim if I'm already receiving workers' comp?

In some cases. While workers' compensation provides benefits regardless of fault, you may still pursue a personal injury claim against a negligent third party, such as an equipment manufacturer or subcontractor. These third-party claims can help injured workers seek additional compensation for pain, property damage, or long-term health impacts.

What should I do if a loved one suffered a fatal construction accident?

If a loved one died due to a construction accident, you may be able to pursue a wrongful death claim. Our construction accident lawyers can help you pursue compensation for the financial support, companionship, and guidance your family has lost.

What damages can victims recover in a personal injury lawsuit after a work injury?

You may recover compensation for medical costs, lost wages, emotional distress, and property damage, depending on your case. Unlike workers' compensation, a personal injury lawsuit offers an opportunity to seek damages for pain and suffering.

Do I need to pay upfront to hire a personal injury attorney?

Our personal injury lawyers offer a free consultation and work on a contingency fee basis. This means you don't pay unless we win your case or secure a settlement on your behalf.

What is a third-party claim?

A third-party claim is a lawsuit against someone other than your own insurance or workers' compensation, and these types of claims do not carry the same compensation limits. However, with a third-party claim, you must prove negligence.

You may be entitled to file third-party claims against general contractors, subcontractors, property owners, or tool and machinery manufacturers.

How long do I have to file a construction accident claim in California?

You generally have two years from the date of injury to file a personal injury lawsuit in California, and a workers' compensation claim typically must be filed within one year. The statute of limitations is not the only deadline: you should also report your injury to your employer within 30 days to protect your benefits. For conditions that develop over time, such as repetitive motion injuries or illness from exposure to hazardous materials, the clock may start when you learn the condition is work-related.

Can I sue my employer directly after a construction accident?

In most cases, no. Workers' compensation is generally the exclusive remedy against your employer, which means you receive benefits through their insurance instead of a lawsuit, regardless of fault. Narrow exceptions may apply, such as when an employer carries no workers' compensation insurance or intentionally causes harm. This is why claims against negligent third parties are often the path to fuller recovery.

What benefits does workers' compensation provide in California?

Workers' compensation typically covers your medical treatment, temporary disability benefits that replace a portion of your lost wages while you recover, and permanent disability benefits when an injury causes lasting impairment. These benefits do not include pain and suffering, which may only be pursued through a personal injury claim against a third party.

Can I file a claim if I was an independent contractor on the site?

Possibly. Independent contractors are typically not eligible for workers' compensation, but they may file a personal injury lawsuit against any party whose negligence caused their injuries. Employers also sometimes misclassify employees as independent contractors to avoid paying benefits, so your actual working relationship, not your job title, may determine what claims are available to you.

Does my immigration status affect my construction accident claim?

No. California workers' compensation covers all workers injured on the job, whether or not they are authorized to work in the United States. Your immigration status does not take away your right to medical treatment or benefits after a construction accident, and a claim can typically move forward without your status becoming the focus of the case. If you have concerns about your status, an attorney can explain your options.

What happens if my workers' compensation claim is denied?

A denial is not the end of your case. You may appeal a denied claim through California's workers' compensation appeals process, and many denials come down to fixable problems such as missed deadlines or an incomplete claim form. An attorney can review the reason for the denial and help you decide whether an appeal or a separate third-party claim makes more sense.

What if I was injured near a construction site but wasn't working there?

Pedestrians and visitors hurt by construction activity, such as falling debris or unsecured equipment, may have a premises liability or negligence claim against the property owner or contractor. These claims fall outside the workers' compensation system, so standard personal injury rules apply, including California's pure comparative negligence standard.

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