Oakland Construction Accident Attorney

Construction workplaces give rise to plenty of opportunities for significant injuries. If you or somebody you care about has been injured while working on the job at a construction site, you can count on the team at Milanfar Law Firm, PC to help you through this. Our Oakland construction accident attorney can examine your claim, conduct a complete investigation, and help you through the insurance settlement or personal injury lawsuit process to recover compensation for your losses.

Why Choose Milanfar Law Firm, PC for Help?

  • Our team was founded by an attorney with decades of experience handling a wide range of legal matters.
  • We believe in putting the client first, which means you always have access to your attorney when you have questions or concerns about your particular claim.
  • We handle Oakland construction accident cases on a contingency fee basis, which means clients never worry about legal fees until after we recover the compensation they need. If we do not win, clients do not pay a dime.

Construction Accident Injuries

Information presented by the Occupational Safety and Health Administration (OSHA) shows that approximately 20% of all work-related deaths during the most recent reporting year happened in the construction industry. Those who survive construction accidents often sustain severe injuries that require extensive medical care period some of the most common construction accident injuries include:

Workers’ Compensation for Construction Injuries

In California, nearly every construction employee is covered by workers’ compensation insurance. When an individual sustains an injury, these benefits will usually cover every medical bill related to the workplace accident. For those who are unable to work while they recover or those who sustain permanent injuries, there will be various types of wage replacement available through workers’ comp.

How Do OSHA (Occupational Safety and Health Administration) Regulations Impact Construction Accident Claims?

OSHA is heavily involved in the construction industry’s regulatory processes. This federal agency lays out specific rules and regulations for construction sites, including safety procedures and training processes. In the state of California, Cal/OSHA is a state-level agency that works in conjunction with OSHA to help ensure the highest safety standards are in place at construction sites.

Because both of these agencies lay out specific rules that construction companies and contractors must follow, any construction accident lawsuits arising could potentially be affected by these regulations.

When we begin investigations into these claims, we examine whether or not an employer or contractor followed appropriate federal and state level regulations, including those late forth by OSHA and Cal/OSHA. If it can be determined that an entity in the construction industry failed to follow regulations, and this failure led to an injury occurring, then this could be used against the other party during the civil claim.

Third-Party Lawsuits for Construction Injuries

In some cases, it may be necessary to step outside of the workers’ compensation system and file a personal injury lawsuit against an at-fault party. Usually, workers’ compensation laws prevent individuals from filing lawsuits against their employer or coworker, regardless of who caused the incident. However, if any other party aside from an employer was responsible for the incident, it may be possible to file a civil personal injury lawsuit.

This is not uncommon for incidents involving defective products, accidents caused by subcontractors or contractors, or an injury caused by any other third party.

How is Fault Determined in Oakland Construction Accidents?

Determining fault for a construction accident in Oakland can be challenging, and this process involves gathering as much evidence as possible. Ultimately, liability is determined by showing that some party breached their duty of care to the injury victim. This can include a construction employer, subcontractor, company, manufacturer, property owner, or another party altogether.

Some of the evidence used to determine fault after a construction accident occurs includes:

  • Photographs from the incident scene, including photos of injuries, possible causes of the incident, and the surrounding area
  • Any available surveillance footage of the incident or the surrounding area
  • Statements from any eyewitnesses, including coworkers or supervisors who may have seen what happened
  • Copies of company regulatory compliance, training, and hiring practices

This is certainly not all of the evidence used to determine liability after an Oakland construction accident occurs. An attorney will enlist assistance from trusted construction accident experts to help determine liability and work to recover the compensation you need.

Compensation Available for These Injuries

There may be various types of compensation available for individuals who sustain on-the-job construction accident injuries. This includes, but is not limited to, the following:

  • Coverage of all medical bills related to the injury
  • Lost wages for a victim if they cannot work
  • Property damage expenses
  • Assistance with various household out-of-pocket losses
  • Physical and emotional pain and suffering damages

Is There a Time Limit to File for a Construction Accident Claim?

There are a few timelines construction accident victims need to keep in mind after sustaining an injury. The first of these important time constraints concerns the deadline for filing a workers’ compensation claim. Employees in California should report an injury to their employer within 30 days of occurrence, and we typically recommend individuals report a known injury to their employer the same day it occurs.

After an injury gets reported, the victim has a one-year time limit to file the actual workers’ compensation claim, or they will likely lose the ability to recover compensation for their losses.

In the event a workplace injury victim is able to file a civil personal injury lawsuit against another party responsible for the injury, they must file the claim in civil court within two years from the date the injury occurs.

Understanding the deadlines for filing a construction accident claim can be confusing, and we encourage you to speak to your attorney about what you need to do moving forward to help ensure the integrity of your claim.

Call an Oakland Construction Accident Lawyer Today

If you or a loved one have been injured in a construction accident in the Oakland area, reach out to the team at Milanfar Law Firm, PC for assistance today. We have years of experience handling complex workplace injury claims, and we know what it takes to help clients recover compensation for their medical bills, lost wages, and pain and suffering damages. When you need an Oakland construction accident attorney, you can reach us for a free consultation of your claim by filling out our contact form or calling us at (925) 433-6003.