With heavy machinery, hazardous materials, and complex procedures, the potential for accidents is high. Despite rigorous industry safety standards, accidents happen, often leading to severe injuries or fatalities. When these accidents occur, victims and their families need qualified legal representation to navigate the complexities of personal injury claims and to secure the compensation they deserve.
As experienced construction accident attorneys in San Diego, we specialize in representing victims of construction site injuries. Our experience in personal injury law, combined with in-depth understanding of construction site regulations and safety standards, makes us uniquely qualified to handle these complex cases. We are committed to providing expert legal services, ensuring our clients receive the representation they need to secure the best outcome.
In 2021, nearly 1 in 5 workplace deaths occurred in the construction industry.*
Throughout the process, we keep you informed, answer any questions you may have, and provide ongoing support. We limit the number of cases we take on so that we can dedicate the time and attention needed for each case.
With the Hulburt Law Firm by your side, you can focus on your recovery while knowing that your legal claims are being taken care of. If you or a loved one has been involved in a construction accident, contact us today for a free case review.
Our attorneys have a proven track record of achieving extraordinary results.
An improperly installed gate fell on a construction worker, killing him.
A concrete block wall fell on a construction worker, killing him.
Concrete workers left unsecured plywood over a second-story gap. A framer stepped on the plywood and fell through the gap.
During your free case review, we listen to your story, collect preliminary information, and provide an honest evaluation of your case’s strengths and potential challenges.
Once the scope of work is signed, our team gets to work conducting a thorough investigation to build a strong foundation for your case by gathering evidence including accident reports, safety logs, photographs, and video footage, while interviewing witnesses and those involved in the accident.
To strengthen your case, our firm collaborates with experts, including accident reconstructionists, construction safety experts, medical professionals, and economists in order to recreate the accident scenario, provide detailed assessments of your injuries and necessary treatments, and calculate the full extent of your financial losses.
Construction accident cases often involve multiple parties who may be liable for your injuries. We meticulously analyze the facts of your case to identify all potential defendants, including employers and contractors, subcontractors, property owners, equipment and material manufacturers, and third-party vendors.
Our goal is to ensure you receive full and fair compensation for all your losses. We thoroughly assess the damages you have suffered, including medical expenses, lost wages, pain and suffering, property damage, and loss of consortium (compensation for the impact of your injuries on your relationship with your spouse or family).
If a fair settlement cannot be reached, we take your case to court. Our trial attorneys have extensive courtroom experience and are skilled at telling your story, presenting evidence and expert testimony, cross-examining witnesses, and making compelling arguments to the judge and jury.
California construction accident law is designed to protect workers who suffer injuries on the job. The state’s laws ensure that injured workers can seek compensation for their injuries, medical expenses, lost wages, and other damages. Understanding these laws is crucial for any construction worker or their families dealing with the aftermath of an accident. See several key points below:
In California, workers’ compensation is a no-fault system designed to provide benefits to employees who are injured on the job. This system ensures that injured workers receive medical treatment and compensation for lost wages without the need to prove employer negligence. Workers' compensation benefits typically cover:
In addition to workers’ compensation, injured workers may have the right to file a personal injury claim against third parties who may be responsible for the accident. Personal injury claims can result in additional compensation beyond what workers’ compensation provides, including:
In California, the statute of limitations for filing a personal injury claim is generally two years from the date of the accident. For workers’ compensation claims, the injured worker must notify their employer within 30 days of the injury and file a claim within one year. However, these time limits can vary based on the specifics of the case, so it is important to consult with an attorney promptly.
Contact the Hulburt Law Firm to help you navigate the legal process, gather evidence, and recover maximum compensation.
Forget surface-level research and mediocre inquiries. We dive deep to conduct extensive investigations and gather evidence in order to build your strongest case.
We use technology to your advantage. By using video and photography, scene recreations, and graphics, we tell your story in a visually-compelling way that other law firms cannot match.
Defense attorneys and insurance companies know us and respect us. We assess the full extent of your damages and pursue all responsible parties in order to maximize the compensation you deserve.
Catastrophic injury and wrongful death cases are rarely simple. We have taken on the largest corporations, insurance companies, and defense firms in the country and won.
We understand how important it is to have a compassionate and considerate lawyer. From providing regular case updates to ensuring clients are adequately prepared for each step of the case, we continually demonstrate our care for all of our clients.
Determining liability in construction accident cases can be complex. Potential liable parties may include:
Construction accidents can occur for a variety of reasons, often involving:
You may be entitled to various forms of compensation, including:
Workers' compensation provides benefits regardless of fault, covering medical expenses and a portion of lost wages. However, it does not cover pain and suffering or punitive damages. If a third party's negligence contributed to your accident, you can file a personal injury claim in addition to your workers' compensation claim to seek additional compensation.
If your workers’ compensation claim is denied, you have the right to appeal the decision. A workers’ compensation attorney can help you navigate the appeals process, gather additional evidence, and represent you in hearings to fight for the benefits you deserve.
In most cases, you cannot sue your employer directly due to workers’ compensation laws, which provide benefits regardless of fault. However, if your employer’s gross negligence or willful misconduct caused the accident, or if they lack proper workers’ compensation insurance, you may have grounds for a lawsuit.
For your initial consultation, bring any relevant documentation, including:
We work on a contingency fee basis, meaning you pay no upfront fees and no legal fees unless we win your case. This arrangement ensures that you can access high-quality legal representation without financial strain.
The legal process involves several steps:
Our attorneys will guide you through each step, keeping you informed and advocating for your best interests.
A construction accident investigation involves:
Scene Investigation
This includes visiting the accident site to examine the area where the incident occurred. The scene is documented by taking photographs, videos, 3D laser scans, and measurements to preserve evidence. The condition of the worksite, including the layout, equipment, machinery, materials, and any potential hazards, are assessed.
Preservation of Evidence
Preserveration of evidence letters are sent to all involved parties to safeguard evidence relevant to the case, including physical evidence, documentation, and witness statements. This ensures that crucial evidence is not lost, destroyed, or tampered with, which could undermine the injured party's ability to pursue their claim effectively.
Witness Interviews
Identifying and interviewing witnesses who were present at the scene of the accident, including coworkers, supervisors, subcontractors, and bystanders, is crucial. Witness statements provide valuable firsthand accounts of what happened leading up to the accident and may help corroborate the injured party’s version of events.
Cal/OSHA Report and Documentation
Cal/OSHA conducts its own comprehensive investigation and prepares a report detailing its analysis of the accident, safety violations, citations, and supporting evidence. This report is a valuable resource for attorneys and experts involved in the personal injury case.
Review of Records
Review relevant records and documents related to the construction project, including work permits, safety plans, inspection reports, training records, equipment maintenance logs, and any contractual agreements between parties involved in the project. These records provide insights into the work being performed, safety protocols in place, and any deviations from standard procedures.
Analysis of Equipment and Materials
Examine the equipment, tools, and materials involved in the accident to determine if they were defective, improperly maintained, or used incorrectly. They may enlist the help of experts, such as engineers or safety consultants, to assess the condition of equipment and identify any potential defects or malfunctions.
Medical Records Review
Gather medical records detailing the injuries sustained by all parties involved. These records help establish the extent of injuries, necessary medical treatment, and their impact on your life.
Analysis of Safety Practices
Evaluate the safety practices and procedures in place at the construction site to determine if they complied with industry standards, regulatory requirements, and best practices for workplace safety. Assess whether adequate training, supervision, and safety protocols were provided to workers and if any violations contributed to the accident.
Expert Consultation
Consult with experts in various fields, such as construction safety, engineering, accident reconstruction, and medical specialties, to analyze evidence, reconstruct the sequence of events, and provide expert opinions on liability, causation, and damages.
Insurance Investigation
An important part of a construction accident investigation is requesting the liability insurance policy limits from the project owner, general contractors, and any involved subcontractors. These parties’ insurers can also be a source of helpful information early on.
If a loved one is involved in a fatal construction accident in California, the family members can pursue wrongful death and survival claims against the responsible parties.
Wrongful Death Claim
A wrongful death claim is filed by the family members of someone who died because of the negligence or wrongdoing of another party. Wrongful death claims allow family members to seek compensation for the death of their loved one. Wrongful death damages include compensation for loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support. They also include compensation for the loss of financial support, household services, and funeral expenses.
Survival Claim
A survival claim allows family members to pursue damages on behalf of the deceased person’s estate. A survival claim focuses on damages suffered by the deceased person before they died. For example, a survival claim may seek damages for the deceased person’s pre-death pain and suffering, and punitive damages for egregious negligence or recklessness.
The Hulburt Law Firm specializes in catastrophic injury and wrongful death cases. Our attorneys have helped spouses, parents, children, and siblings recover maximum compensation for the loss of their loved ones. Contact us for a free consultation.
Under California law, an injured employee cannot sue his employer for workplace injuries caused by the employer’s negligence. Rather, the injured employee’s exclusive remedy against his employer is workers’ compensation benefits.
In certain circumstances, injured workers can pursue a lawsuit outside of the workers’ compensation system. Some examples include:
Employer’s Failure to Provide Workers’ Compensation Coverage
If an employer fails to provide workers’ compensation insurance as required by California law, injured employees can sue the employer for damages related to their injuries.
Intentional Tort Claims
If an employer intentionally causes harm to an employee, the injured worker can sue the employer for intentional torts such as assault, battery, or fraud.
Claims Against Third Parties
If a third party other than the employer, such as a general contractor, subcontractor, equipment manufacturer, or property owner, is responsible for the worker’s injuries, the injured employee can pursue a separate personal injury lawsuit against that party.
At the Hulburt Law Firm, we specialize in bringing claims against third parties who caused or contributed to a worker’s injuries.
The Privette doctrine was established by the California Supreme Court in the case of Privette v. Superior Court (1993) 5 Cal.4th 689. Under the doctrine, general contractors and property owners are typically not responsible for injuries suffered by employees of subcontractors. Instead, the injured employee’s exclusive remedy is limited to workers’ compensation benefits.
However, there are important exceptions to the Privette doctrine, such as:
Negligent Exercise of Control
General contractors and property owners may still be held liable if they exercise control over the work performed by the subcontractor and their employees, and their negligent exercise of control contributes to the employee’s injuries. In our experience, general contractors usually retain control over the project site both contractually and by their regular physical presence.
Assumption of Safety Responsibilities
General contractors or property owners may be held liable if they assume specific safety responsibilities for the worksite and fail to fulfill those responsibilities, leading to the employee’s injuries. General contractors often perform daily or weekly site inspections, and they can be held responsible for failing to identify dangerous conditions during these inspections.
Affirmative Conduct
General contractors or property owners may be held liable if their affirmative conduct, separate from the hiring of the subcontractor, creates a dangerous condition that directly causes the employee’s injuries. For example, we handled a case where a general contractor directed a subcontractor to dig a trench along a neighboring wall without first checking the stability of the wall.
The Hulburt Law Firm can navigate the Privette doctrine and secure your right to compensation from all responsible parties.
In California, there are specific time limits, known as statutes of limitations, for bringing an injury lawsuit. These statutes state the timeframe within which a lawsuit must be filed after the accident. If you fail to file a lawsuit within the applicable statute of limitations, then you can lose your right to sue forever.
The time limits for bringing a construction accident lawsuit in California include:
Personal Injury Claims
After a construction accident, the injured party must file a lawsuit within two years of the accident. (Cal. Code Civ. Proc. § 335.1.)
Wrongful Death Claims
If a loved one was killed in a construction accident, California law generally allows you two years from the date of death to file a wrongful death lawsuit.
Consult with our attorneys to make sure you timely file your claim within the applicable time limits.
A workers’ compensation lien refers to a legal claim that the workers’ compensation insurance carrier may assert against any third-party recovery obtained by an injured worker in a personal injury lawsuit. This typically occurs when an employee is injured at work and receives workers’ compensation benefits for their injuries, but then also pursues a separate personal injury claim against a third party, such as a negligent contractor, subcontractor, property owner, or manufacturer.
Here’s how workers’ compensation liens work in a personal injury case:
Dual Recovery Prohibition
Under California law, an injured worker generally cannot recover twice for the same injury - once through workers’ compensation benefits and again through a personal injury lawsuit. The “dual recovery” prohibition prevents double compensation for the same injury.
Workers' Compensation Lien
When an injured worker receives workers’ compensation benefits and obtains a settlement or judgment in a personal injury lawsuit against a third party, the workers’ compensation insurance carrier may assert a lien on the third-party recovery. This means that the carrier has a legal right to recover a portion of the benefits paid to the injured worker from the proceeds of the settlement or judgment.
Calculation of the Lien
The workers’ compensation lien typically represents the amount of benefits paid by the insurance carrier for medical expenses, temporary disability benefits, permanent disability benefits, and other related costs. The lien amount is calculated based on the benefits provided to the injured worker up to the date of settlement or judgment in the personal injury case. If your employer’s negligence contributed to your injuries, then the workers’ compensation lien is reduced by your employer’s share of fault.
Distribution of Recovery
Once a personal injury settlement or judgment is obtained, the injured worker’s attorney is responsible for satisfying the workers’ compensation lien. This may involve negotiating with the insurance carrier to reach a settlement on the lien amount or obtaining a court order to adjudicate the lien. After the lien is satisfied, the remaining proceeds of the personal injury recovery are distributed to the injured worker.
The Hulburt Law Firm negotiates with the workers’ compensation insurer to reduce any lien on your recovery as much as possible.
The California Division of Occupational Safety and Health (Cal/OSHA) is responsible for investigating construction industry accidents and enforcing workplace safety regulations in California. Here are the key steps involved in a Cal/OSHA construction accident investigation:
Response and Scene Assessment
Cal/OSHA inspectors respond to the accident scene to conduct an initial assessment and ensure the safety of everyone involved. They may coordinate with emergency responders and other relevant agencies to secure the area and provide medical assistance to injured individuals.
Documentation and Evidence Collection
Inspectors document the accident scene by taking photographs, videos, and measurements. They gather physical evidence, such as equipment, tools, materials, and personal protective equipment (PPE), to analyze as part of the investigation. They also review relevant records and documents, including safety plans, training records, inspection reports, and permits.
Interviews
Cal/OSHA inspectors conduct interviews with individuals involved in or witnessing the accident, including workers, supervisors, contractors, and any other relevant parties. The purpose of the interviews is to gather firsthand accounts of what happened leading up to the accident and identify potential safety violations or concerns.
Analysis of Evidence
Inspectors analyze the evidence collected during the investigation to identify the root causes of the accident and any violations of workplace safety regulations.
Violation Identification
Inspectors identify any violations of workplace safety regulations that may have contributed to the accident. These violations may include failure to provide adequate training, lack of safety protocols, improper use of equipment, or other safety deficiencies.
Citation and Penalty Issuance
If Cal/OSHA determines that safety violations occurred and contributed to the accident, they may issue citations and penalties against the responsible parties, including employers, contractors, or subcontractors. Penalties may vary depending on the severity of the violations, the employer’s history of non-compliance, and other factors.
Report Preparation
A formal report documenting the findings of the investigation, including any safety violations identified and corrective actions recommended, is prepared.
Follow-Up and Enforcement
Cal/OSHA follows up on the recommended corrective actions to ensure their timely implementation and compliance with workplace safety regulations. Inspectors may conduct follow-up visits to monitor progress, verify compliance, and address any outstanding issues to prevent recurrence of similar accidents.
The Hulburt Law Firm works closely with Cal/OSHA investigators during the investigation. We obtain the final investigation report once it is completed. The investigators’ scene photographs, witness interviews, and safety violation findings can all be helpful to the case.
Simply fill out the form or call 619.821.0500 to receive a free case review. We’ll evaluate what happened, your injuries, and potential defendants to determine how we can best help you.