Working in construction should not result in a life-threatening accident or catastrophic injuries. Unfortunately, construction is the deadliest industry in America – and it is made even more dangerous by frequent acts of negligence, or a lack of proper care.
At Jacoby & Meyers, we care about construction workers in San Bernardino. We can represent you in the pursuit of fair financial compensation and justice after a preventable construction site accident. Contact our San Bernardino personal injury lawyer today to start with a free case evaluation at our local law office.
Call (909) 245-8920 or complete our online form to start your journey toward justice and recovery.
Construction Accidents in San Bernardino: Understanding the Risks
Construction is a job that is hazardous by nature. Workers are frequently at risk of harm due to job elements such as working from heights, heavy machinery and dangerous equipment, power tools, and dangerous environmental conditions. According to the Bureau of Labor Statistics, construction had the highest number of deaths in California in 2023, with 78 victims killed in workplace accidents.
Common types of construction accidents include:
- Slip or trip and fall accidents
- Roofing accidents and falls
- Scaffolding accidents
- Struck-by objects, often causing brain injuries
- Electrocutions or fires resulting in burn injuries
- Caught in or between machinery or equipment
- Forklift accidents
- Crane collapses
- Trench collapses and crushing injuries
- Transportation accidents
- Exposure to toxic substances
- Exhaustion or overexertion injuries
- Violence by persons or animals
A survey of employees in San Bernardino County in 2023 found that construction was the fourth largest work sector, with around 58,500 workers. Many construction site accidents in San Bernardino are fatal. If a victim survives, he or she could still be subject to a lengthy recovery and the possibility of permanent disability or disfigurement.
California Laws Governing Construction Accidents
Regulatory authorities such as the Occupational Safety and Health Administration (OSHA) have safety rules in place for the construction industry due to known associated risks. Employers in construction in San Bernardino have certain responsibilities in terms of keeping workers safe and maintaining hazard-free work environments.
San Bernardino construction sites are also subject to strict statewide safety laws under the California Division of Occupational Safety and Health. If a construction company violates any of these laws, this could serve as evidence for a related injury or wrongful death claim filed by the injured worker.
California’s workers’ compensation system gives most employees the ability to receive financial compensation for their injuries and related bills without having to prove fault or negligence. However, workers may be eligible for additional financial compensation with a third-party liability claim or a lawsuit directly against an employer, depending on the circumstances.
Determining Liability in Construction Accident Cases
When a construction site accident injures or kills a worker, it is important to determine liability, meaning who can be held legally and financially responsible for the incident. Making this determination can help an injured victim understand his or her legal rights and options for making a financial recovery.
Depending on the circumstances, many different parties could bear fault:
- General contractor
- Subcontractor
- Equipment manufacturer
- Property owner
- Architect or engineer
- The government
An attorney from Jacoby & Meyers can help you determine liability in your specific case after conducting a thorough investigation. We can also collect evidence of negligence or fault to support your claim, including hiring experts to improve the quality of your evidence, as necessary.
Workers’ Compensation vs. Personal Injury Claims
Your two main options after suffering a preventable construction accident injury in San Bernardino are a workers’ compensation insurance claim and personal injury case. Both have various pros and cons.
While a workers’ compensation claim is simpler, with no burden of proving negligence, a personal injury case could result in greater financial compensation. The latter can result in pain and suffering damages, for example, as well as full rather than partial lost wage recovery.
The benefits available through a workers’ comp claim include medical bill coverage, about two-thirds’ lost wages, lost earning capacity due to a disability, vocational rehabilitation costs and death benefits (if the incident was fatal).
If you accept a workers’ comp settlement in San Bernardino, you automatically forfeit the right to hold an employer liable for your losses. You can still, however, bring a claim against a third party, such as a product manufacturer. Filing both types of claims could maximize your settlement by providing additional insurance coverage.
Why You Need a Specialized San Bernardino Construction Accident Attorney
Construction accident cases involve unique legal elements and nuanced issues that can be difficult to correctly navigate on your own. When you hire a lawyer from Jacoby & Meyers who has years of experience in construction accident law, you gain the benefit of a knowledgeable attorney handling negotiations for you.
When looking for the right lawyer to hire, it is important to check for experience in similar cases (and a track record of success), knowledge of construction industry regulations, experience with complex multi-party claims, resources for comprehensive accident investigation, an understanding of technical construction standards, and connections to relevant experts.
The right lawyer will have what it takes to achieve the case results you deserve, even if this means bringing your case to the San Bernardino County courts. You should also inquire about the attorney’s fees. Jacoby & Meyers operates on a contingency fee basis, meaning you won’t pay us anything unless we win your construction accident case.
The Legal Process for San Bernardino Construction Accident Claims
Collecting fair financial compensation for your San Bernardino construction accident will require you to navigate a specific legal process.
While the legal journey looks different for everyone, your case will likely involve:
- Initial case evaluation
- Accident investigation
- Evidence collection at construction sites
- Expert witness testimony
- Settlement negotiations with insurers
- Litigation strategy when settlements fail
Our attorneys can guide you through each phase of this process while ensuring the protection of your legal rights.
Request a Free Construction Accident Case Review in San Bernardino
If you or someone you love was recently injured in a construction accident in San Bernardino or the surrounding area, help is available at Jacoby & Meyers. Our philosophy is to empower you to understand the inner workings of the legal process so that you can obtain justice, peace of mind and a healthy recovery.
We are committed to making a real impact in the lives of our clients. Request a free consultation to learn more about your case. Contact us online or call (909) 245-8920. Our local law office is located at 473 E Carnegie Dr. #200, San Bernardino, CA 92408.