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Frequently Asked Questions about Construction Accidents in Walnut Creek

It was supposed to be just another day at the job. As you made your way to your assignment and started working, you knew what had to be done, and had plans for that evening. Then suddenly, your world was turned upside down. Next thing you remember is waking up in the emergency room in excruciating pain. You were involved in a construction accident and have been seriously injured. Now what? Undoubtedly you have a number of concerns, the least of which include:

  • What kind of compensation can I receive?
  • Will I ever recover from these injuries?
  • Who is responsible for this accident?
  • Should I contact an attorney?

Every day, construction workers, contractors and laborers are injured while on the job. Their injuries range from severe fractures and burns to debilitating and life-altering paralysis; whatever the type of accident that caused them, coverage should be available for your injuries - through your employer’s worker’s compensation fund and/or through a civil claim against a third party contractor or negligent company. Obtaining compensation, however, won’t necessarily be easy. You’ll need qualified and competent legal counsel.

For years, Kelly Balamuth has represented injured workers like you and helped them obtain the financial awards they deserve. To obtain a comprehensive review on our process and how we can best serve your interests, call (925) 254-1234 and schedule a free case evaluation today. For more general information concerning worker’s injuries and rights, we recommend reviewing the questions and answers below.

What Should I do Immediately Following my Accident?

Assuming you haven’t done so already, the first thing you’ll want to do is report the accident. Depending on the severity of your injuries, reporting it may be a foregone conclusion, as emergency medical attention may have been required. After you speak with your supervisor or inform your employer, you must seek medical attention. In all likelihood, this will be at your employer’s discretion, as worker’s compensation requires an assigned hospital. Both of these steps are critical in claiming worker’s compensation, as they provide evidence of the accident and the subsequent injuries.

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What Kind of Compensation Can I Expect?

This depends entirely on the nature of your accident, the extent of your wounds, and who, if anyone, is at fault. While it is impossible to predict such things, worker’s compensation insurance should cover at least some of your medical benefits and lost wages. If you are able to file a claim against a 3rd party contractor or employer, your compensation could be significantly higher.

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I Was Contacted by my Company’s Insurance Agency. Should I Call Them Back?

While most of these calls are benign, keep in mind that both your employer and the insurance company representing them are businesses. As such, they wish to avoid losing revenue at all cost. Unfortunately, you claim equals a loss in their books, so they will do everything in their power to keep your settlement as low as possible. This includes using anything you say or do against you. Therefore, we highly recommend avoiding insurance adjustors and having your attorney speak with them on your behalf.

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Who Can I File a Claim Against?

Generally, there are very few instances in which you can file a claim against your employer. The nature of workers’ compensation insures employers against this. However, if your employer lacks worker’s compensation insurance or a 3rd party contractor helped cause the accident by behaving in a negligent manner, then you may have a case.

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How Long Do I Have to File?

Whether you are filing a workers’ compensation or a personal injury claim, you don’t have much time. Your employer must file a workers’ compensation report within days of your accident. Following that, the sooner you are able to apply for benefits the better, as the process can be long and arduous. Personal injury claims, on the other hand, have their own deadline, known as the statute of limitations. Failing to file within the deadline can mean a total loss of compensation.

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Why Do I Need an Attorney?

Over the years, worker’s compensation claims have gradually become far more complex and, in most cases, confusing. In addition, your employer and their insurance company will generally attempt to minimize or undermine your claim as much as possible, further aggravating the situation. Having a qualified Oakland construction accident attorney at your side to objectively sort through the various documentation and testimony is sometimes the only way to effectively secure the awards you deserve.

For more information on workers’ compensation, construction accidents (including compressed gas accidents, falls, crane accidents, machinery injuries, and trench collapses) and other work place associated legal matters, contact Balamuth Law today at (925) 254-1234.

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Attorney Kelly Balamuth was profiled in the
September 2013 Issue of Plaintiff Magazine.

1001 Country Club Dr., #F
Moraga, California 94556
Phone: (925) 254-1234
Toll Free: (888) 254-1234

Walnut Creek Construction Site Accident Lawyer Disclaimer: The information and materials contained on this web site do not constitute legal advice and are presented without any representation or warranty whatsoever, including as to accuracy or completeness. They are not intended to create, and receipt of them does not establish, an attorney-client relationship between you and Balamuth Law. You should not act upon this information without seeking professional counsel.

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