Construction site injuries can raise urgent questions about medical bills, liability, and how to hold negligent parties accountable. Working with a Modesto construction accident lawyer could help clarify your rights under state law and identify potential additional damages beyond workers’ compensation. At Curtis Legal Group, our personal injury attorneys handle the paperwork and communications so you can focus on your recovery.
Which State Laws Apply to Construction Site Injuries?
Workers hurt on construction sites are covered under the state workers’ compensation system. However, that protection does not prevent an injured person from also pursuing a personal injury lawsuit against any third parties who share fault. Under California Code of Civil Procedure § 335.1, you have two years to file suit, or six months when a government organization is involved. Moreover, a third party’s non-compliance with Cal/OSHA Construction Safety Orders or other regulations is often central to proving negligence. A knowledgeable Modesto attorney could help you determine which state laws are applicable in your job-site injury case.
When Third Parties Are Liable for Your Injuries
Your workers’ compensation insurer is your first source of benefits; however, fault could lie beyond your employer. General contractors, subcontractors, equipment manufacturers, or property owners could also be liable if they ignored safety protocols or supplied faulty tools or machinery.
Under the state comparative negligence rule, fault is divided among responsible parties, including potentially the injured worker. This legal principle allows recovery even if the injured person is partially at fault, although the total award is reduced accordingly. In Modesto, our lawyers work to identify all at-fault parties to pursue the maximum damages for your construction accident injuries.
Handling Complex Liability Issues on Active Job Sites
Construction projects often involve multiple contractors, safety consultants, suppliers, and inspectors. Establishing liability requires examining who had control over the dangerous condition that led to the injury and who failed to correct it. For example, a crane collapse caused by improper assembly could implicate both the subcontractor who installed it and the general contractor overseeing the project.
The Modesto construction injury attorneys at Curtis Legal Group have the resources to work with structural engineers, safety experts, and site investigators to examine multi-layered worksites. Our trusted professionals could testify about site conditions, equipment failures, or violations of state building codes.
Coordinating Workers’ Compensation With Personal Injury Claims
Regardless of fault, workers’ compensation will only pay for medical treatment and partial wage replacement. However, workers who file for workers’ compensation are unable to also directly sue their employer unless an exception applies, such as gross negligence. To recover additional damages, personal injury lawsuits against responsible third parties are often filed in parallel, raising coordination issues.
For example, if you receive damages through a personal injury lawsuit, your workers’ compensation insurer may put a lien on your recovery. Managing this lien effectively requires legal planning and skill. A Modesto job-site accident lawyer could outline possible plans to resist such a lien.
We Advance Legal Costs So You Can Focus on Healing
Curtis Legal Group handles construction accident cases on a contingency fee basis, advancing all necessary legal costs during the settlement or litigation process. These expenses include:
- Deposition costs
- Court filing fees
- Investigation fees
- Expert witness payments
By covering these upfront costs, our firm allows you to prioritize your medical recovery without the burden of immediate legal expenses. Our attorneys often begin investigating construction injury cases before Occupational Safety and Health Administration (OSHA) or Modesto city inspectors, preserving critical evidence such as surveillance footage, witness statements, and maintenance logs.
Reach Out to a Modesto Construction Accident Attorney To Get Started
Led by Supervising Attorney Ralph S. Curtis, our firm is active in the local community, and we understand the common legal issues that arise with serious injuries. Set up a free consultation with a Modesto construction accident lawyer from our team today.
