Workplace Construction Accident Attorney in Santa Monica
Construction injuries can be serious and debilitating. To make matters worse, injured workers often have to deal with difficult claims processes, unjust delays in compensation, and unfair denials — all while coping with mounting financial troubles because they’re out of work.
Workers’ compensation is supposed to help these workers cover their losses, but many victims get far less compensation than they deserve. However, an expert advocating for your interests can help you get maximum recovery.
So contact Lila Mahooti at Mahooti Law Group at 213-674-7515 if you were injured in a construction accident. Our dedicated team of caring professionals will fight for your workers’ compensation claim, temporary disability payments, permanent disability payments, and any other rights afforded to injured workers in California.
(213) 674-7515Lila Mahooti; We’re Here to Protect Your Rights.
Lila Mahooti used to work as a defense attorney for one of the largest insurance companies in California and knows the California workers’ compensation system inside and out. Now, she uses her background and expertise to fight insurance companies on behalf of injured workers, obtaining great results in construction injury cases. Call 213-674-7515 for a free consultation to learn more.
How Our Construction Injury Team Can Help
If you have been injured in a construction accident and need access to the full compensation you deserve, our legal team will fight for you.
Construction companies and their insurance companies will always act in their own self-interest, which means injured workers face an uphill battle. A construction company will typically take any necessary actions to minimize its liability, even if it means challenging a worker’s right to compensation. And their insurance companies are even worse, doing anything it takes to avoid paying out an injured worker.
But with experienced construction injury attorney Lila Mahooti representing you, you’ll have a seasoned professional looking after your interests and fighting to get you the compensation you’re entitled to.
Some of the adversarial actions a construction company and its insurance provider might take include:
- Denying your workers’ compensation claim
- Failing to report the injury
- Unreasonably delaying payment of benefits
- Failing to offer modified or alternative work options
- Retaliating against you for filing a workers’ compensation claim
These actions can impede or prevent the workers’ compensation process. But Lila Mahooti is familiar with these tactics and knows the best way to counter each one. She understands that the compensation process often requires injured workers to fight to get what they deserve, and she’ll do whatever she can to help.
One of the first tasks she’ll accomplish is a complete and thorough review of the circumstances of your accident. During this process, she and her team will identify every viable source of compensation available to you.
Attorney Mahooti will then ensure that every aspect of your claim is backed up with solid evidence, which may require extensive investigation and consultations with medical and construction experts.
And when it comes to the mountain of paperwork you might expect with a workers’ compensation claim, the good news is that the talented team at Mahooti Law Group is ready to take it off your hands.
This means you can expect the best representation for your interests while having the freedom and peace of mind to tend to your injuries and recover.
No-Fault Representation for Injured Workers
At Mahooti Law Group, Lila Mahooti specializes in providing compassionate and dedicated legal representation to injured workers throughout California. Lila Mahooti is well-versed in the complexities of workers’ compensation law and understands the challenges faced by individuals who have suffered injuries through construction work.
What Does “No-Fault” Mean?
California’s workers’ compensation system operates on a “no-fault” principle. This means that injured workers are entitled to benefits regardless of who is at fault for the accident or injury. The no-fault approach ensures that injured workers can access necessary medical treatment, wage replacement benefits, and other essential support without the need to establish fault or prove negligence on the part of their employer.
Your Rights as an Injured Worker
As an injured worker, it is crucial to understand your rights within the workers’ compensation system. Our dedicated attorney will guide you through the legal process and ensure that you receive the benefits you deserve.
Get the Compensation You Deserve
Workers’ compensation is an important lifeline for injured construction workers, but not every claim results in sufficient financial assistance.
For example, workers’ compensation pays for your medical care, but it only provides you with partial wage replacement. This shortage means you must try to make ends meet with one-third of your income missing. And if the remaining expected amount is more than the weekly payout limit allows, you’ll be short even more money.
Furthermore, this is all assuming that you can secure workers’ compensation to begin with. Insurance companies frequently subject injured workers to unreasonable demands and processes in order to preserve profit and protect their bottom lines.
So to get access to the full benefits they deserve, injured workers must seek representation from an experienced workers’ comp attorney who understands the claims process and how to recover the funds their clients need.
Attorney Mahooti worked many years for insurance companies, defending them against compensation claims. Now, as a staunch fighter for injured workers, she uses her vast experience to get her clients the maximum benefits available.
Our workers’ comp team is ready to meet and discuss your case. Call 213-674-7515 for a free consultation today.
Exclusive Benefits Under the Workers’ Compensation System
You may be entitled to various benefits under the California workers’ compensation system when you sustain a work-related injury or illness. These benefits are designed to support and assist injured workers and their families during the recovery process. Here are some of the exclusive benefits available through the workers’ compensation system:
Medical Treatment
Under workers’ compensation, you have the right to receive necessary medical treatment for your work-related injury or illness. This includes doctor’s visits, hospitalization, surgery, medication, rehabilitation services, and other appropriate medical care. The workers’ compensation system covers the costs of these treatments to ensure you receive the care you need to recover and regain your health.
Temporary Disability Benefits
If your work-related injury or illness prevents you from performing your job duties temporarily, you may be eligible for temporary disability benefits. These benefits provide a portion of your lost wages while you are unable to work during your recovery period. Temporary disability benefits aim to help you maintain financial stability while you focus on healing and returning to work.
Permanent Disability Benefits
In cases where your work-related injury or illness results in a permanent impairment or disability, you may be entitled to permanent disability benefits. These benefits are designed to compensate you for the long-term impact on your earning capacity due to the injury. The amount of compensation depends on several factors, including the extent of your disability, your age, occupation, and pre-injury wages.
Vocational Rehabilitation
If your work-related injury or illness prevents you from returning to your previous job, vocational rehabilitation benefits may be available to you. These benefits assist in retraining, education, and job placement services to help you acquire new skills or find suitable employment within your physical limitations. Vocational rehabilitation aims to support your successful reintegration into the workforce despite any permanent disabilities.
Death Benefits
In tragic cases where a work-related injury or illness leads to the death of an employee, the workers’ compensation system provides death benefits to the surviving dependents. These benefits typically cover funeral expenses and provide financial support to eligible dependents, such as spouses and children, to help them cope with the loss of income and other related costs.
What Happens if a Construction Injury Changes Your Day-to-Day Life?
Construction injuries often leave their victims out of commission and unable to work. They can also prevent people from engaging in important family, community, and personal activities. Unfortunately, no amount of money can turn back the hands of a clock. However, a sizable compensation award will help you more easily weather the future.
Of course, the amount of compensation you are entitled to will depend on your claim. If you can file more than just a workers’ compensation claim, you will be entitled to pursue a wide range of damages, many of which can improve your quality of life.
If you are limited to workers’ compensation, you still have various options. For one, you can seek to return to the workforce but in a different capacity than before your injury.
For example, California workers’ compensation laws have provisions for modified work. This concept allows injured employees to return to work at the same job but with changes that reflect the nature and extent of their injuries.
Not only does this do wonders for your overall morale, but modified work must also pay at least 85% of what you received before you were injured. This is usually higher than the workers’ compensation benefits you receive.
Another return-to-work option is alternative work: returning to work at the same employer but in a different job altogether. As with modified work, alternative work must also pay you at least 85% of your previous income.
If returning to your previous place of employment is not possible, you can potentially take advantage of supplemental job displacement benefits (SJDB), a voucher that pays for certain forms of vocational training.
Whether you choose modified work, alternative work, or the SJDB voucher, you can effectively get back into the workforce and become productive once again.
Liability in Construction Injuries in California
Workers’ compensation covers many of the injuries workers suffer at construction sites. However, it’s important to remember that other parties can potentially be held financially responsible as well.
Construction Company
You can seek compensation directly from your employer for an injury if your employer:
- Intentionally harms or causes you to be harmed
- Fraudulently conceals a condition or injury and causes it to get worse
- Acts in a dual capacity as employer and another role in which negligence occurs
- Does not have workers’ compensation coverage
- Removes the machine guard from a power press, which results in your injury
Otherwise, your compensation claim must be filed exclusively as a workers’ compensation claim.
Property Owner
Property owners must ensure their properties are reasonably safe for employees and other members of the public. If your construction injury occurred due to an unreasonably dangerous condition at the worksite, this could result in a clear case for workers’ compensation and/or a personal injury lawsuit.
Product Manufacturer
Defective products, such as dangerous tools and equipment, often cause construction site injuries. For example, a ladder with structural faults could lead to a fall that causes a serious injury.
This can also include products that contain dangerous substances like asbestos. Breathing in toxic material can lead to the development of deadly health conditions, such as mesothelioma.
Whatever the product, the manufacturer can be held liable if a construction worker is injured by a defective product they put into the marketplace.
So if you have suffered a worksite injury, don’t write it off as solely a workers’ compensation claim. You may be entitled to file a separate claim for damages and receive more compensation than you would get from just workers’ compensation.
What If Insurance Is Involved?
Under California law, every employer with at least one employee must have some sort of workers’ compensation insurance covering some (but not all) of the losses injured workers face.
Employers can choose to purchase this insurance from a licensed insurance company or the State Compensation Insurance Fund. Employers may also self-insure if they meet certain net-worth and net-income requirements.
So when you experience a construction injury on the job, your employer’s insurance should kick in to provide you with various benefits, which are determined based on the effect the injury has had on your life. They include:
- Medical care to cure or relieve any injuries or illnesses acquired at work
- Temporary disability benefits (TD), which pay you two-thirds of your gross earnings
- Permanent disability benefits (PD)
- Supplemental job displacement benefits for retraining workers or enhancing skills
- Vocational rehabilitation benefits, which help you re-enter the workforce
- Death benefits for spouses, children, and other dependents in cases of fatalities
To note, temporary disability payouts are capped at the maximum weekly amount determined by law. Permanent disability payouts are calculated using a disability rating for your injury, the date of your injury, and your pre-accident wage.
Major Causes of Construction Injuries Sustained at Work
Construction injuries can happen in many different ways. That said, there are a few usual suspects that are responsible for a large percentage of these injuries. In some cases, two or more causes may simultaneously lead to an injury.
Slip, Trip, and Fall Accidents
Construction sites are often full of debris and slick substances, which lead to slips or trips, and falls. Falls from high places, such as from buildings and tall equipment, tend to be the most common type of falls construction workers experience.
Sadly, many of these falls are preventable with the proper safety equipment, which is sometimes lacking at construction sites.
Inadequate Training
Construction site employees must be trained to operate the equipment they use. They must also be trained to recognize and avoid hazardous conditions, as well as refrain from activities that create dangerous situations for others.
Noncompliance with OSHA Regulations
The Occupational Safety and Health Administration (OSHA) sets workplace safety standards at construction sites. Tragically, many employers fail to implement or maintain these mandated safety procedures, including but not limited to the following:
- Chemical protection
- Fall protection
- Electric shock protection
- Protection from machines
- Ladder and scaffolding protection
- Eye and face protection
- Flame resistant protection
- Hand and arm protection
- Safety clothing
- Welding protection
Unfortunately, construction sites that fail to implement appropriate OSHA protection protocols are more likely to cause injuries and death.
Workplace Defects
Workplace defects are shortcomings in property, protocols, and equipment that enhance a construction worker’s risk of injury or death. Some common examples include deficiencies in buildings, walkways, roads, and paths on the job site.
For example, a sinkhole that a property owner fails to give a warning about could lead to a tragic accident involving heavy equipment and vehicles.
Exposure to Hazardous Materials
There are specific protocols for handling hazardous materials at every step, from transporting to storing them. Unfortunately, construction workers can be exposed to these materials regularly due to lapses in training and implementation of hazardous materials safety protocols.
Defective Products
It’s unfortunately not uncommon for a defective product to wreak havoc in the workplace. Anything from ladders to power tools to heavy machinery can cause serious injuries due to a dangerous defect.
Negligent and Criminal Coworkers and Contractors
Sometimes, the threats workers face come from other employees or contractors. This often takes the form of negligence, such as poor equipment handling or horseplay. However, intentional criminal actions can also occur.
Because construction sites are inherently dangerous, it’s not surprising that worker injuries are often serious and catastrophic, leaving workers disabled regularly.
Traumatic Brain Injuries
Traumatic brain injuries (TBIs) occur when the brain is injured through blunt force or piercing trauma, often after a fall or when an object falls onto someone’s head. These injuries are medical emergencies, and in the most serious of cases, the victim experiences long-term problems that significantly impact their life.
Spinal Cord Injuries
Spinal cord injuries result from extreme trauma to the spinal column, forceful twisting motions, and hyperextensions. They commonly result in paralysis or loss of sensation and motor skills.
Broken or Crushed Bones
There are many ways in which a construction worker can break or crush a bone. According to OSHA, one of the most common ways this occurs is when a worker is caught in or between two hazards, such as being pinned between heavy equipment and a wall.
Electrocution
Electrocution is a major cause of injury and death in the construction industry. Dangers present themselves in many forms on typical construction sites, including overhead and underground power lines, mismanaged electrical cables and cords, and various electrical equipment.
Failure to follow safety procedures is the main cause of electrocution in the construction industry.
Burns
Explosions, fires, and exposure to hazardous chemicals cause numerous burn injuries and deaths each year at construction worksites. Common causes include:
- Gas line explosions
- Accidents involving welders
- Hot surfaces and liquids
- Exposure to electricity
In most cases, following safety procedures and exercising proper care minimizes the risk of being burned.
Eye Injuries
According to the Centers for Disease Control (CDC), over 10,000 eye injuries cause construction workers to miss work each year. Flying shards of metal, nails, splinters, and wire cause many of these injuries. Other common causes include chemicals, welding arcs, dust, and grit. Access to safety equipment is essential to prevent eye injuries from occurring.
Don’t see your injury here? Contact the Mahooti Law Group at 213-674-7515 today to see if you have a case!
Construction Accident Attorney Lila Mahooti Is Proven to Help You
If you’ve experienced an accident on a construction site and aren’t sure what to do, contact construction injury attorney Lila Mahooti today. She and our team at the Mahooti Law Group are ready to help you recover the compensation you’re entitled to. We can handle everything and make your case and recovery simpler.
Even if you understand the workers’ compensation process and are ready to file a claim, reaching out to our team to learn about your compensation options is worth your time. We offer free consultations for potential clients and will give you a thorough review of your case so that you better understand your options.
You don’t want to leave any money on the table when it comes to getting justice for your construction accident injury. This compensation would go a long way toward helping you cover your losses and rebuild your life.
At the Mahooti Law Group, we work vigorously to recover your maximum compensation payout so you can collect the funds that you deserve.
For a free consultation and case review, call our office at 213-674-7515 today.
