Moreno Valley
Construction Injury Lawyer

Construction sites are well-known causes of harm, as they frequently contain hazardous materials, large equipment, and other dangers. Even with excellent coordination between coworkers and proper safety measures, workplace accidents can still occur and have catastrophic results. If you or a loved one is injured on a construction project, you need the assistance of an experienced Moreno Valley construction injury attorney.

An experienced construction attorney can make a significant difference in the workers compensation you can recover for your past and future medical bills, lost wages, and other expenses. Since 1985, Kampf, Schiavone & Associates have remained committed to helping clients reach their desired outcomes. We focus on handling your claim so you can stay focused on your recovery.

Common Types of Construction Accidents

There are several risks on construction sites that can cause serious harm or even death. Types of accidents include:

• Falls: The most common cause of injuries and fatalities at construction sites is falls. These accidents frequently happen from roofs, ladders, scaffolding, or other elevated surfaces. To stop these mishaps, appropriate fall protection equipment, including guardrails, safety nets, and personal fall arrest systems are crucial.
• Scaffolding Accidents: Scaffolding is used to create a safe platform from which construction can be completed on various types of projects. These elevated platforms could become unstable because of faulty construction, bad building materials, or poor training. Proper safety standards should be followed, including regular checks of the scaffold.
• Crane Accidents: Crane mishaps could be caused by operator mistakes, mechanical malfunctions, or inadequate configuration. To avoid incidents using cranes, regular maintenance should be completed, necessary training should be provided, and safety procedures should be followed.
• Being Struck by Falling Objects: Workers can be injured by falling tools, debris, or materials. Wearing hard hats, securing loose objects, and installing protective barriers can help mitigate these risks.
• Exposure to Hazardous Substances: Hazardous materials like asbestos, lead, or chemical solvents may be present in the workplace. To preserve workers’ health, proper handling practices, safety equipment, and routine health monitoring are crucial.
• Electrocutions: On building sites, electrical equipment misuse, contact with power lines, and defective wiring are common causes of electrocutions. These dangers can be decreased by making sure all electrical installations adhere to safety regulations and by offering sufficient training.
• Equipment Malfunctions: Heavy machinery and equipment malfunctions can cause dangerous injuries. To avoid such mishaps, operators must receive the necessary training, conduct comprehensive inspections, and perform routine maintenance.

These are just a few of the types of accidents that can occur. Whether you are injured as the result of one of these or any number of other possibilities, you could face serious injuries, such as a traumatic brain injury or spinal cord injury. Some injuries can be fatal. Construction injuries can change a victim’s life because many require long-term medical care, and some effects may be permanent. These injuries could change your capacity to work and provide for yourself and your family.

A skilled Moreno Valley construction injury attorney is crucial to navigating the legal system and ensuring your rights are upheld due to the intricacy of these situations.

Steps to Take Immediately After a Construction Accident

Following a construction accident, quick decisions can have a large impact on the success of a claim. The first steps include reporting the accident, getting medical assistance, and taking pictures of the site. By taking these steps, you can help guarantee appropriate care and safeguard evidence for future legal claims.

• Get Medical Help: Receiving medical attention for any injuries is the top priority. Timely medical attention guarantees accurate injury records and required medical care. If you do not notice any injuries immediately after the accident, you should still seek medical attention. Injuries may appear later or may be internal.
• Document the Mishap: Inform your employer about the accident as soon as you can. It serves as an official record of the incident and is crucial for workers’ compensation claims.
• Record the Scene: If possible, take pictures of the involved equipment, the accident area, and any injuries that are clear. This evidence could prove important details in your case. If there are security cameras, be sure to note the time and request a copy of the video. Recorded video does not have a required storage time, so it is important to see the video as soon as possible.
• Gather Witness Data: Get the contact information of any accident witnesses. Your attorney and insurance company will want to speak with them to help build the case against your employer should you need to file a claim.
• Maintain Medical Records: Keep track of all prescription drugs, medical procedures, and doctor appointments. These records attest to the severity of your injuries and the expenses of your care. Be sure to keep all receipts for any necessary travel to and from medical appointments.

After you follow these steps, reach out to our team and let us help you take the next steps in your case.

Long-Term Effects of Construction Injuries

Physical, psychological, and financial repercussions from construction accidents can endure for a lifetime. Long-term repercussions can drastically impact a worker’s life, particularly when injuries lead to any of the following:

• Chronic Pain: Long-term pain management and therapy are necessary for treating injuries like fractures or soft tissue injuries that result in persistent pain.
• Disability: Serious injuries may hinder one’s capacity to work and carry out daily tasks, resulting in either temporary or permanent disability.
• Financial Strain: The long-term effects of injuries often result in significant financial strain due to ongoing medical expenses and loss of income.
• Emotional Distress: Anxiety, depression, and post-traumatic stress disorder (PTSD) are among the psychological and emotional problems that injuries can cause.
• Diminished Quality of Life: Due to limitations in movement, independence, and leisure time, injuries can cause a person’s quality of life to be diminished.

These types of long-term impacts could impact your ability to work and earn wages. You may no longer be able to perform the work for which you are trained or accustomed, leading to a potential decrease in your earning capacity.

OSHA Regulations

The Occupational Safety and Health Administration (OSHA) establishes essential regulations to ensure safety on construction sites. These regulations cover a wide range of safety measures, from fall protection to handling hazardous materials. Compliance with OSHA standards is critical for minimizing risks and protecting workers from injury.

• Fall Protection: For workers at heights of six feet or greater, OSHA mandates fall prevention equipment. This covers personal fall arrest devices, safety netting, and guardrails.
• Scaffolding Standards: To minimize falls and structural failures, OSHA has mandated regulations for the design, construction, and usage of scaffolding.
• Hazard Communication: Employers must provide information and training about hazardous chemicals by using labels, safety data sheets, and training programs.
• Electrical Safety: OSHA regulations ensure the safe installation and use of electrical equipment to prevent electrocutions and fires.
• Personal Protective Equipment (PPE): To protect workers from a variety of hazards, employers are required to supply the proper PPE, such as helmets, gloves, and eye protection.

If an employer fails to meet these regulations, improperly trains employees, or regularly utilizes unsafe practices, they could be in violation of these regulations and be putting employees at risk of injury or death.

Role of Safety Equipment in Preventing Injuries

An essential part of shielding construction workers from potential dangers is safety equipment. Protective gloves, harnesses, and helmets are a few of the vital pieces of equipment that can stop or lessen injuries. For worker safety, it is necessary to ensure that safety equipment is used and maintained properly.

• Helmets: Hard hats and helmets shield workers’ heads from impact injuries and falling items.
• Harnesses: Safety lines and harnesses offer vital fall protection by preventing falls from heights.
• Hearing Protection: Workers can prevent hearing loss from loud machinery and equipment by wearing earmuffs or earplugs.
• Respirators: Workers are shielded from dangerous dust, fumes, and chemicals by wearing respirators.
• Safety Nets: By catching falling personnel or debris, safety nets help to avoid major injuries.
• Gloves: Protective gloves keep workers’ hands protected from chemicals, wounds, and abrasions.
• Goggles and Face Shields: Chemicals, flying debris, and other hazards can cause injuries that can be avoided with eye and facial protection.

In addition, safety equipment and digital technology can assist in safeguarding construction sites. Drones help inspect hard-to-access areas and expose potential safety hazards without putting any workers at risk. Wearable items such as smart helmets and vests measure workers’ current health status to proactively prevent any potential safety hazards that could arise during construction operations.

For example, smart helmets and vests can trace workers’ heart rates and alert supervisors of any sudden changes. Furthermore, they can detect water or gas leaks, falls, and other potential dangers so that workers can take preventive measures. Building Information Modeling (BIM) software can be used to plan and simulate construction projects and integrate safety requirements into the construction process from the design phase until completion.

Ensuring employees have the proper safety equipment is the responsibility of your employer. Failure to enforce safety regulations increases the risk of injury on the job site.

Importance of Medical Documentation

Complete medical records are necessary to support your claims regarding the severity and impact of injuries sustained during construction. Detailed records of treatment and ongoing medical needs provide a clear basis for claims. Having this paperwork in place is critical for having your medical bills and associated charges fully covered.

• Proving Injuries: To demonstrate the type and severity of your injuries, thorough medical documents are necessary. They offer a direct connection between your condition and the accident.
• Establishing Treatment Costs: Having medical records in place makes it easier to estimate the expenses associated with ongoing care, recovery, and future medical requirements when pursuing fair compensation.
• Supporting Disability Claims: Medical documents are essential to the success of your claim for disability payments if your injuries cause a temporary or permanent disability.
• Strengthening Legal Claims: Detailed medical records, which offer unbiased proof of your injuries, support your case in court or during talks with insurance companies.

After any construction injury, be sure you seek medical attention to ensure you do not have any injuries that may not readily reveal themselves. Often, the shock of an accident can mask injuries as the body reacts to the incident. Injuries left untreated could cause additional complications.

Importance of Proper Supervision

Ensuring construction sites remain safe requires that supervisors carry out routine inspections, make sure that all safety procedures are followed, and quickly resolve any possible dangers. It is necessary for supervisors to teach all employees safety procedures while also keeping an eye on their compliance, as well as taking prompt corrective action when harmful conditions or behaviors are noticed.

Supervisors are essential in preventing mishaps and shielding employees from danger by promoting a culture of safety and alertness. This proactive behavior ultimately lowers the number of injuries linked to construction.

Understanding Liability Waivers

Workers may agree to waive their right to sue in the event of an injury by signing liability waivers. These releases are not always enforceable, particularly in cases where there is willful damage or extreme negligence, although they can make legal claims more difficult. Closely examine the waiver’s wording and context.

A skilled construction injury attorney can assess the waiver’s legality, point out any terms that would make it null and void, and guide clients through the complexities to guarantee that injured workers continue to get just compensation even after signing these kinds of contracts.

Negotiating With Insurance Companies

The process of negotiating with insurance companies can be difficult and complicated. Having competent legal counsel, knowing your rights, and having the correct paperwork are essential to obtaining just recompense. Underestimation of your claim can be prevented by avoiding premature settlements and carefully assessing all offers.

• Maximizing Compensation: To make sure you get the most money possible, your attorney can assist in locating all possible sources of compensation, such as medical expenses, lost wages, pain and suffering, and even future medical expenses.
• Understanding Your Rights: You can negotiate more skillfully if you are aware of your rights under personal injury and workers’ compensation laws.
• Documentation: Having comprehensive records of the collision, injuries, and medical care helps you in the negotiation process.
• Professional Representation: Having a Moreno Valley construction injury lawyer handle negotiations ensures that you receive fair compensation. Lawyers are skilled in dealing with insurance adjusters and can advocate on your behalf.
• Avoiding Quick Settlements: To limit their payout, insurance firms might offer rapid settlements. It’s important that you carefully analyze any settlement offer and speak with your attorney before accepting it.

Before founding Kampf, Schiavone & Associates, W. Roger Kampf worked as a supervisor and senior adjuster at a major insurance company. This experience allows him to effectively challenge insurance companies and secure fair compensation for injury victims. Alongside his colleagues, Kampf uses this insider knowledge to stand up to powerful opponents and protect individual rights.

Workers’ Compensation vs. Personal Injury Claims

Injured construction workers may have various options for pursuing compensation, including personal injury claims and workers’ compensation. Workers’ compensation is a no-fault system in which employees do not have to sue their employers to obtain benefits. However, this also means that workers cannot file a personal injury claim in most cases, even if their employer may be at fault. You may be able to sue them in rare cases of willful intent or fraudulent concealment.

If you were injured on a construction site while working, workers’ comp will likely be the exclusive remedy. However, if your injury was caused by a third party, or if you were a bystander injured on a construction site, you could pursue a personal injury claim.

Although benefits from workers’ compensation are paid out regardless of who’s to blame, personal injury claims may be able to recover additional costs as the result of injuries suffered on the job. To maximize recovery, it’s critical that you understand how these two categories of claims differ from one another.

• Workers’ Compensation: Benefits for injured workers are provided by workers’ compensation regardless of fault. It pays for rehabilitation expenditures, wage replacement, and medical expenses. It does not, however, reimburse you for non-economic damages.
• Personal Injury Claims: Workers can sue third parties for causing their personal injuries. These claims may also include lost wages and medical costs, as well as damages for mental anguish, pain and suffering, and loss of consortium.

When you work with one of our attorneys, we can evaluate the circumstances of your case and help you determine which type of claim you may be able to file. No two cases are the same, and yours deserves a unique approach based on the circumstances you face.

Third-Party Liability in Construction Accidents

It may be possible for injured construction workers to file a claim against manufacturers of equipment or subcontractors. Beyond the benefits of workers’ compensation, third-party responsibility lawsuits may yield further compensation. To ensure that all injuries are fully compensated, it is crucial to pinpoint the responsible parties and comprehend the subtleties of these claims.

• Subcontractors: If a subcontractor’s negligence caused the accident, the injured worker might file a claim against them.
• Equipment Manufacturers: Defective machinery or equipment can lead to injuries. Workers can pursue claims against manufacturers for design flaws or manufacturing defects.
• Property Owners: If unsafe conditions on the property contributed to the accident, the property owner could be held liable.
• General Contractors: General contractors overseeing the project may be responsible for ensuring overall site safety. Their negligence could lead to liability.

Your attorney will investigate third-party implications in the course of their review of your claim. If we believe that a third party should be held liable, we can work with you to take the next steps.

Compensating Construction Accident Injuries

Construction accident victims face numerous challenges, including physical pain, emotional distress, and financial burdens. Compensation can help alleviate these difficulties and support the victim’s recovery process or support a victim’s family in the event of a death.

The compensation you receive will depend on whether you’re filing a personal injury or workers’ compensation claim. Construction accident victims may be eligible for several types of compensation, such as:

• Medical Expenses: Medical expenses include any cost of diagnosis, rehabilitation, long-term care, medicine, and more.
• Lost Wages: Compensation for money lost as a result of being unable to work while recovering from an injury. A personal injury claim would allow for the full repayment of lost wages.
• Pain and Suffering: Making up for diminished quality of life, mental discomfort, and physical pain. This compensation is only available in a personal injury claim.
• Disability: Financial assistance if the victim’s injury prevents them from working and causes a temporary or permanent disability.
• Wrongful Death: Pays for burial costs and loss of companionship, among other damages, to the family if a construction accident results in a fatality. This is a type of personal injury claim. In most cases, the family members of a worker who died from work-related injuries will only be able to receive death benefits through the workers’ compensation program.

Compensation does not return your life to normal, but it can provide necessary assistance so that you can recover from your injuries. It can help you and your family receive the support you need and continue to move forward.

How a Moreno Valley Construction Accident Attorney Can Help

At Kampf, Schiavone & Associates, we focus on representing workers injured on construction sites in Moreno Valley. Our responsibilities include investigating the incident, gathering evidence, and building a solid case to prove negligence or fault. We serve the needs of our clients and ensure we thoroughly speak with witnesses, review safety procedures, consult industry professionals, and examine medical records to ensure your rights are upheld and you receive fair compensation.

When you hire an attorney to help with your California construction accident claim, you build a team that is prepared to fight back against employers and insurance companies who may try to avoid paying the compensation you need.

In some cases, they may argue that the injury was pre-existing and not caused by the construction accident. If we pursue a personal injury claim, they may say that the injury is covered by workers’ compensation exclusivity, which precludes a personal injury action.

With the help of a Moreno Valley construction accident attorney, you gain the knowledge and experience to fight back against such claims. Our team can represent you in any negotiations, communicate on your behalf with your employer’s legal team and insurance company, and represent you in any litigation in the event that a settlement cannot be reached.

Meeting the Statute of Limitations

Obtaining legal representation quickly is important, as the statute of limitations is one year for a workers’ compensation claim and two years for personal injury claims, both starting at the time of the incident. It’s vital to report your workplace injury as soon as it occurs.

Contact a Moreno Valley Construction Injury Lawyer

When dealing with the aftermath of a construction injury, having a skilled Moreno Valley construction injury lawyer on your side can make an enormous difference. At Kampf, Schiavone & Associates, we bring extensive experience, a client-centered approach, and a proven track record to every case we handle. Our commitment to fighting for fair compensation ensures that you and your family receive the support you need to recover and move forward.

If you or a loved one has been hurt in a construction accident, let us put our proven negotiation strategies to work for you. From mediation to litigation, our team is prepared to defend your rights and assist you in obtaining the money you require. To learn more about how we can help you with your case, contact our team today. Let us put our knowledge and experience to work for you.