Construction sites are inherently dangerous environments where serious accidents can occur in an instant. When you or a loved one suffers injuries at a construction site, the devastating aftermath can affect every aspect of your life. Physical recovery alone can be long-lasting and expensive, and the financial impact of the injury can become even more pronounced if it forces you to miss work.
At Carcione, Henderson & Markowitz, LLP, our San Mateo construction accident lawyers understand the complex issues surrounding these cases. With over four decades of protecting the rights of injured workers throughout California, we have secured multimillion-dollar recoveries for our clients while helping establish safer industry standards.
Our professional, aggressive, and knowledgeable attorneys will fight tirelessly for the compensation you deserve. Contact CHM Law Firm today for a free, no-obligation consultation with a member of our team.
How a San Mateo Construction Accident Attorney Can Help with Your Case
After a construction site accident, you need a legal advocate with a thorough understanding of both the construction industry and personal injury law. The dedicated team at CHM Law Firm can:
- Conduct a Thorough Investigation – We know how to gather the evidence necessary for a successful claim, including accident reports, witness statements, and safety compliance records.
- Identify All Liable Parties – We can determine the identity of everyone who may be responsible for your injuries, from property owners to equipment manufacturers.
- Calculate the Full Extent of Your Losses – We can work with medical experts to assess your current and future needs, and potentially with economic experts who can help identify other possible losses.
- Handle All Communications – We can deal with insurance companies and opposing counsel so you can focus on recovery.
- Prepare for Trial – While many cases settle, we build every case we handle as if it’s going directly to trial from day one. Insurers tend to take claims more seriously if they know we are ready to file a lawsuit.
Our San Mateo construction accident attorneys take on a limited number of cases to ensure we can dedicate significant attention to each client. This selective approach allows us to build stronger cases and pursue maximum compensation for your injuries.
What Compensation Can I Pursue for Injuries from Construction Accidents?
A successful construction accident claim can provide substantial compensation for losses such as the following:
- Medical expenses, including all treatment costs, including hospital stays, surgeries, physical therapy, and ongoing care
- Lost wages, including compensation for income lost during recovery and diminished future earning capacity
- Pain and suffering damages, which are money to compensate you for physical pain and emotional distress
- Disfigurement and disability
- Reimbursement for personal property damaged in the accident
- Punitive damages in cases involving gross negligence
The amount of your construction accident compensation will depend on such factors as the severity of your injuries, your age, your occupation, and the clarity of liability. The quality of your legal representation also plays a significant role in the size of your potential award. At CHM Law Firm, we work tirelessly to maximize our clients’ recovery.
What’s the Difference Between a Workers’ Compensation Claim and a Third-Party Claim?
Understanding your legal options after a construction accident is crucial. Your two main avenues of compensation are workers’ compensation benefits and a third-party claim.
- Workers’ compensation claims provide limited benefits regardless of who caused your injury, but you generally cannot sue your employer directly.
- Third-party claims allow you to file a construction accident lawsuit against someone other than your employer who contributed to your injury.
While workers’ compensation covers basic medical expenses and partial wage replacement, it doesn’t compensate you for pain and suffering or the full amount of your lost wages. A third-party claim offers the potential for complete compensation when someone other than your employer caused or contributed to your injury.
Our construction accident law firm can analyze every aspect of your case to determine all available avenues for recovery.
Can I File a Third-Party Claim for a Construction Accident While Receiving Workers’ Compensation?
Yes, you can pursue a third-party claim while receiving workers’ compensation benefits. Common third parties in construction accidents include the following:
- General contractors, who may be liable for safety violations or inadequate site supervision
- Subcontractors, such as other trade companies working on the site that create dangerous conditions
- Equipment manufacturers that produce defective tools or machinery
- Property owners who may be liable when dangerous property conditions cause injuries
- Engineers or architects who might be responsible for structural failures
However, if your third-party claim succeeds, your workers’ compensation insurer may have a right to recover what they paid from your settlement. Understanding the consequences of filing simultaneous workers’ compensation and third-party claims requires experienced legal guidance.
A San Mateo construction accident lawyer from CHM Law Firm can seek the maximum total compensation available in your case while handling these concurrent claims.
Can I Sue My Employer for a Construction Accident Injury?
In most cases, workers’ compensation serves as the exclusive remedy for workers injured in the workplace. However, the following limited exceptions exist where you may sue your employer directly:
- The employer lacked required workers’ compensation insurance
- The employer intentionally caused your injury
- The injury resulted from an employer’s willful physical assault
- The employer fraudulently concealed the existence of the injury
- The injury resulted from a defective product manufactured by your employer
These exceptions are narrow and challenging to prove. Our knowledgeable attorneys can evaluate your construction accident case to determine whether any of these exceptions apply to your situation.
How Long Do I Have to File a Construction Accident Lawsuit in California?
In California, strict deadlines apply to construction accident claims:
- Workers’ Compensation Claims – You must report your injury to your employer within 30 days and file a claim within one year.
- Personal Injury Lawsuits – You generally have two years from the date of injury to file a third-party lawsuit.
- Government Claims – If your claim involves a government entity, you must file a formal claim within six months.
Missing these deadlines can permanently bar you from pursuing compensation. Contact our construction accident lawyer in San Mateo promptly after an injury to protect your legal rights.
What Are Common Types of Construction Accidents in California?
Construction sites present numerous hazards that can lead to serious injuries:
- Falls from Scaffolds – Falls are the leading cause of construction fatalities and often result from improper assembly, lack of guardrails, or inadequate training.
- Being Struck by Falling Objects – Tools, materials, or debris falling from heights can cause traumatic brain injuries and other serious harm.
- Electrocution – Contact with power lines, exposed wiring, or defective equipment can cause severe burns or fatal injuries.
- Trench Collapse – Improperly secured trenches can collapse, leading to crushing injuries or suffocation.
- Crane Accidents – Improper operation, mechanical failures, or overloading can cause catastrophic crane-related injuries.
- Chemical Exposure – Contact with toxic substances can lead to burns, respiratory conditions, and long-term health issues.
- Equipment Accidents – Forklifts, bulldozers, and other heavy machinery can cause severe injuries when improperly operated or maintained.
- Building Collapses – Structural failures during construction or demolition can result in catastrophic casualties.
We at CHM Law Firm have extensive experience handling all types of construction accident cases and can work aggressively to secure justice for your injuries.
What Are Common Causes of Construction Site Accidents?
Understanding the underlying causes of your accident is essential so the liable parties can be identified. Some of the most common causes include the following:
- Defective/unsafe equipment, including faulty tools, machinery, or safety gear
- Workers with inadequate training
- Failure to follow OSHA regulations and industry safety standards
- Insufficient fall protection, such as the lack of guardrails, safety nets, or personal fall arrest systems
- Improper site management, including inadequate supervision or coordination between contractors
- Negligent hiring practices, such as employing unqualified or improperly vetted workers
- Communication failures, including poor communication between trades or language barriers
- Fatigue due to excessive overtime or demanding schedules
Our dedicated investigators will identify all factors that contributed to your accident-related injuries so that we can work to hold all responsible parties accountable.