San Diego Construction Accident Lawyers

Construction workers face one of the most dangerous jobs on a daily basis. Every year, thousands of San Diego work-related injuries leave construction workers struggling to support themselves with the prospect of permanent disability, chronic pain, and reduced quality of life. Sadly, many do not even receive the benefits they deserve thanks to uncaring insurance companies that use tactics to limit payouts and take advantage of complex and confusing laws.

If you have been injured in a San Diego construction accident, it’s crucial to get the help you need to maximize your benefits. You have a limited amount of time to pursue compensation through workers’ comp and third-party claims. A San Diego construction accident attorney can help you build the strongest case possible and ensure you are treated fairly to protect your financial future.

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At Berman & Riedel, LLP, we have recovered over $100 million in verdicts and settlements for our clients. We have decades of experience navigating the complex federal and state laws regarding San Diego construction accidents, workers’ compensation, and personal injury.

If you were injured in a construction accident, give us a call today to schedule a free consultation with a San Diego construction accident lawyer who cares about you and your future.

Why Should I Contact a San Diego Construction Accident Attorney?

In an ideal world, construction workers injured on the job would simply file a claim for workers’ compensation without worrying that they’ll be denied the benefits they need to support their family and get medical treatment. Unfortunately, workers’ compensation comes with many pitfalls. The system is still stacked against injured workers.

The insurance company has the right to choose the doctor you see. This doctor will be the one to determine when and if you can return to work, your disability rating, and how you are treated.

Your workers’ compensation claim can also be denied. The insurance company may claim your injury wasn’t work-related, it was pre-existing, you did not require medical treatment, or you don’t need time off work.

In the case of permanent disability, you may face an uphill battle receiving an appropriate disability rating. The doctor chosen by the insurance company may say you can return to work when you know you cannot or understate the severity of your impairment.

An experienced San Diego personal injury lawyer at Berman & Riedel, LLP is committed to going up against any insurance company that tries to deny the compensation you deserve. We have decades of experience representing injured workers in pursuing full compensation through workers’ comp and third-party personal injury lawsuits.

Here are some of the ways we can help you after your construction site accident:

  • Represent you during an appeal if your workers’ compensation claim is denied
  • Build the strongest case possible to prove the severity of your injuries for a favorable settlement. Insufficient medical evidence is a leading cause for denied workers’ compensation.
  • Assist with independent medical exams and medical evidence
  • Negotiate on your behalf with the insurance company and assist with structuring a settlement agreement that considers Social Security disability benefits
  • Investigate your case to determine if you have a potential third-party claim to seek damages outside of workers’ compensation

When you choose Berman & Riedel, LLP to assist with your construction accident case, you can count on us to go the extra mile to protect your rights and pursue the full compensation you deserve. We leave no stone unturned to explore all avenues for compensation and build the strongest claim possible. You deserve to focus on healing and moving forward; we’ll take on the insurance company on your behalf.

Types of Construction Accident Claims and Lawsuits

Construction sites are among the most dangerous workplaces in California. San Diego construction accident injuries can occur in many types of accidents involving everything from heavy machinery and vehicles to falls, electrical hazards, and more. The following are the most common types of construction accidents responsible for serious work-related injuries.


On construction sites, falls are the leading cause of work-related injuries in San Diego as well as construction deaths. According to the Occupational Safety and Health Administration (OSHA), out of 1,008 construction deaths in 2018, 320 were fall-related.

Falls can involve:

  • Ladders
  • Scaffolding
  • Roofs
  • Trenches
  • Slip and fall accidents

In these types of construction accidents, anything from improperly maintained scaffolding or a lack of fall protection to slip and falls or electrical shock may be the cause.

Falling Objects & Blows to the Head

Being struck by an object is one of the “fatal four” in construction. Workers are usually struck by:

  • Masonry or concrete walls under construction
  • Vehicles or heavy equipment
  • Flying or falling objects including tools, materials, and particles

Construction workers have the highest rate of struck-by injuries in the United States and the highest rate of deaths. Certain construction workers are at a higher risk of struck-by injuries including sheet metal workers, helpers, HVAC mechanics, and ironworkers.

Electrocutions & Electrical Hazards

Electrocution is one of the “fatal four” in the construction injury. In 2019, 166 workers were killed by electrocution on the job. 43% of these deaths were in the construction and extraction fields. About three workers in the U.S. die every week due to electrocution, usually due to touching a live wire.

Electrocution is a fatal injury, but electrical shock is also a common and serious injury and one of the biggest construction site risks in San Diego. In 2019, about 1,900 workers in the U.S. suffered a non-fatal electrical injury.

There are four types of electrical hazards that make construction work a dangerous job:

  • Burns, including thermal contact burns, arc or flash burns, and electrical burns.
  • Electrical shock when the body becomes part of an electrical current.
  • Falls after exposure to a current that causes violent muscle contractions or loss of muscle control.
  • Electrocution, a fatal electrical injury.

Caught-in and -Between Objects

Caught-in or -between objects is the final of the construction “fatal four.” These San Diego construction accidents can include:

  • Trench cave-ins
  • Being caught in machinery or equipment
  • Being crushed between objects that shift, roll, or slide like a truck and a loading dock or a hydraulic truck bed.

Between 2011 and 2015, 275 construction workers were killed in these types of accidents, more than any other industry. About 67% of workers were killed when they were crushed by or caught in collapsing material. 93% of non-fatal caught-in or -between accidents were caused by equipment.

Fires & Explosions

Every year, over 5,000 workers are hurt and 200 are killed in accidents involving fires and explosions. These accidents may happen at industrial and construction work sites due to:

  • Chemical tanks
  • Combustible liquids
  • Compressed gas
  • Electrical malfunctions
  • Liquified petroleum gas
  • Blasting agents

Most workplace deaths caused by fire or explosion are linked to chemical explosions, arc flashes, pressurized container explosion, and fire.

Burn Injuries

In just a nine-year timespan, there were more than 1.1 million non-fatal work-related burns treated in ERs in the United States. Construction, manufacturing, and food service still account for most work-related burn injuries. While burns have declined over the last two decades for most industries, construction-related burns have not declined.
In construction, over 40% of burn injuries are radiation burns. Electrical burns are also common among construction workers. Roofers have one of the highest risks of burns, usually due to hot tar. Welders also experience a high rate of burns in the form of welding flash burns of the eyes.

Crushing Accidents

Crush injuries are among the most dangerous types of construction accident injuries. A crush injury happens due to prolonged, continuous pressure on an extremity or muscle when the body part is trapped or wedged between objects. These injuries can be catastrophic and lead to amputation and other serious complications like compartment syndrome, tissue necrosis, and “crushing syndrome” which may cause kidney failure.

At construction sites, crushing accidents can involve:

  • Heavy machinery
  • Being run over by a vehicle or large equipment
  • Trench collapse
  • Falling objects that pin workers

Heavy Equipment Accidents

Construction sites have many hazards, but one of the greatest is heavy equipment and machinery. When construction equipment malfunctions, isn’t maintained, is defective, or is operated without proper training and protection, it can lead to life-changing injuries.

Common types of construction heavy equipment accidents in San Diego may involve:

  • Forklifts
  • Excavators
  • Cranes
  • Front loaders
  • Road graders
  • Dump trucks
  • Compacters
  • Cherry pickers
  • Bulldozers

Construction workers who suffer on the job accidents in San Diego involving heavy machinery may be hurt in a rollover accident or when they are struck by equipment, particularly when it is backing up. Electric shock, falls, and defects also play a role in many accidents.

Scaffolding Accidents

Scaffolding is one of the biggest construction site dangers. Every year, scaffolding accidents result in about 60 worker deaths and 4,500 injuries in the U.S. Nearly 30% of fall-related workplace deaths involve ladders and scaffolding.
In one BLS study, about one-quarter of workers injured in a scaffolding accident had no safety training for scaffolding. 77% of scaffolds did not have guardrails. Fall protection and scaffolding are two of the most common OSHA violations on construction sites.

Work Zone Traffic Accidents

Roadside construction sites or work zones pose unique risks to workers and drivers alike:

  • Uneven roadway
  • Closed shoulders
  • Workers on or near the road
  • Construction vehicles entering and exiting the road
  • Traffic congestion
  • Confusing changes to traffic flow

About 123 workers are killed in road construction accidents every year. California ranks 5th in the nation for fatal work-related injuries in highway construction sites with 76 worker deaths between 2003 and 2017. During those 15 years, 1,844 workers were killed in road construction accidents in the United States.

Between 2011 and 2017, 76% of these fatal accidents were transportation-related with 60% of workers killed by a vehicle in the work zone. Most of these deaths are due to passenger vehicles. Workers are also frequently killed by machinery, semi-trucks, and dump trucks.

What Are Common Causes of Construction Accidents?

There were 29,100 non-fatal construction accident injuries in California in 2019. Specialty trade contractors like plumbers and HVAC contractors had the highest injury rate among all construction workers and accounted for 21,500 on the job injuries. Trade workers are often exposed to the greatest number of hazards including working from heights, electrical hazards, and trench work.

Of the 451 workplace deaths in California in 2019, 80 were in construction. Nationwide, construction worker deaths increased in 2019 to the highest number since 2007 with 1,008 construction workers killed on the job.

There’s no doubt that a construction job site has inherent dangers. A San Diego construction accident can result from any of the following common causes:

  • Inadequate supervision. Supervisors are an important line of defense to ensure the safety of construction workers.
  • Lack of safety gear. When construction workers are not provided with adequate safety equipment or fail to use it, it can lead to injuries that could have been avoided. This includes personal protective equipment like hardhats, gloves, eye protection, and hearing protection.
  • Machine failure due to defects, malfunction, or inadequate maintenance. When equipment, machinery, or tools malfunction or fail, it can lead to catastrophic injuries.
  • Lack of fall protection. This is a leading cause of falls, the most common cause of fatal work-related injuries in San Diego construction sites, particularly accidents involving scaffolding.
  • Lack of safety guarding of machinery. This can lead to injuries when material strikes workers or they are caught in machinery.
  • Faulty electrical systems or design which can lead to electrical shock or electrocution.
  • Communication failures. The second-most common OSHA safety violation on construction sites? A lack of hazard communication. This can involve providing workers with information about hazards and labeling hazards and chemicals.
  • Inadequate lookout. A San Diego construction accident is sometimes the result of workers who are simply careless or fail to pay close attention to their surroundings. This can lead to a fall from scaffolding, a roof, or into a trench. It can also cause an injury while backing up or operating equipment as well as slip and fall accidents.
  • Insufficient training. Sadly, many construction workers are injured operating equipment or performing tasks they were not trained to do safely and correctly. Training is also crucial to help workers recognize potentially hazardous conditions.

While not all San Diego work-related injuries on a construction site can be avoided, many are the result of negligence or human error. An already inherently dangerous work site can be even more risky when there are safety violations. Workers may rely on equipment, tools, or even protective gear that fails when it is not properly maintained or there are defects. Construction workers can also contribute to or cause accidents due to inattention, improper use of equipment and gear, or negligent operation of tools and equipment.

After your accident, it’s crucial to conduct a thorough investigation. Your San Diego construction accident attorney will explore how and why your accident happened. Depending on the cause, multiple parties may share responsibility which can give you additional avenues for compensation.

Who Can Be Held Liable for Construction Accident Injuries?

After a San Diego construction accident, you have two potential avenues for seeking compensation:

  • Workers’ compensation
  • Third party lawsuit

In almost all cases, your employer cannot be held liable for your work-related injuries. Your primary course of remedy is workers’ compensation. However, if someone other than your employer caused your accident through intentional wrongdoing or negligence, you may have a separate personal injury claim under third party liability.

California Workers’ Compensation Insurance

California Labor Code Section 3700 requires all California employers to provide workers’ compensation benefits for employees. All employers must provide benefits if they have at least one employee.

After a San Diego construction accident, workers’ compensation is your sole remedy against your employer. This no-fault system offers guaranteed benefits without requiring that you prove anyone was negligent. You can recover workers’ comp even if you caused your accident with few exceptions. However, you are barred from suing your employer for your injuries, even if their negligence caused your accident except in some cases.

Third Party Liability

Injured construction workers may be entitled to additional damages not available through workers’ compensation by pursuing a claim against negligent third parties. When a third party, or anyone other than your employer, caused your accident, you have the right to bring a separate claim.

Multiple parties may share liability for on-the-job accidents in San Diego:

  • Other contractors or employees due to carelessness, negligence, or intentional wrongdoing
  • Equipment manufacturers due to defects
  • Material suppliers
  • Architects or engineers

Sometimes San Diego construction accidents are caused by the negligence of someone not even connected to the scope of the work. Outside of the parties listed above, San Diego third party liability claims for a construction accident often involve traffic accidents.

For instance, if you were driving a vehicle on the job site or during the scope of your work and you were hit by a negligent driver, they may be held liable for your injuries. These cases often involve road construction sites when distracted drivers strike construction workers near the road.

Unlike workers’ compensation, which is a no-fault system, pursuing a third-party lawsuit requires proving the other party was negligent.

Can You Sue Your Employer for a San Diego Construction Accident?

Labor Code Section 3600 generally makes workers’ compensation your only remedy against an employer for California work-related injuries. There are exceptions to this rule, however.

Employer Did Not Have Workers’ Compensation Insurance

If your employer did not have workers’ compensation insurance, they can be sued for damages resulting from construction site accidents. In this case, an injured worker can still file for workers’ compensation benefits and sue their employer. An employer will have difficulty defending a civil lawsuit once it is shown they did not carry required workers’ comp coverage.

If the employer cannot pay for the injured workers’ benefits, workers are protected by the Uninsured Employers Benefits Trust Fund (UEBTF). This is a state agency that pays for benefits for workers employed by employers who were illegally uninsured.

An experienced San Diego construction accident attorney can help with pursuing benefits through the UEBTF, a process a bit more complicated than workers’ compensation.

Employer Engaged in Serious, Willful Misconduct or Intentional Harm

Even if an employer’s negligence caused a work-related injury in San Diego, workers are still limited to workers’ compensation benefits outside of third-party claims. However, workers can sue their employer for intentional harm.

If a worker’s injuries were caused by an employer’s “serious and willful misconduct,” the gross negligence can essentially be considered intentional harm. This requires showing that the employer was aware of a dangerous condition, knew that the conditions were likely to cause serious injury, and intentionally failed to correct the hazard. Forcing employees to work in a site that does not meet safety regulations and refusing to provide protective equipment can both qualify.

What Damages Can an Attorney Help Me Recover from a Construction Accident Injury?

After an on-the-job accident, you are almost always entitled to workers’ compensation benefits. Workers’ comp provides no-fault benefits to compensate you for your lost earnings, medical bills, temporary or permanent disability, and more. However, you cannot recover money for non-economic losses through workers’ compensation. This includes pain and suffering, mental anguish, and more.

If your accident involves third party liability, personal injury cases against the negligent parties can help you bridge the gap between your actual losses and what you can recover through workers’ compensation.

Types of Workers’ Compensation Benefits

Through a workers’ compensation claim, you may recover the following types of benefits for your injuries.

Medical and hospital benefits

This covers reasonable treatments related to your injury. This includes physical and occupational therapy, chiropractic and acupuncture treatment, medical care, surgical care, medical devices, prosthetics, nursing care, and prescriptions.

Workers’ compensation medical benefits generally continue until you are released from a doctor’s care. You are entitled to have your medical expenses related to your injury covered for life, whether you are able to return to work or not. If you suffer a traumatic brain injury or catastrophic injury, for instance, your medical needs may continue for many years.

Temporary disability benefits

This replaces lost wages for a specific period of time. These benefits require missing at least 3 days of work. Temporary disability benefits replace two-thirds of your lost wages up to a maximum weekly amount. The minimum and maximum amount for disability benefits are based on the State Average Weekly Wage which is $1,383 for 2022.

The temporary total disability (TTD) minimum is $203.44 per week for 2022 with a maximum of $1,356 per week.

Temporary partial disability (TPD) is calculated based on the wages you lose from hours you cannot work. The amount you can earn is considered.

Temporary disability benefits are limited to 104 weeks within a 5-year time period except for certain injuries and conditions.

Permanent disability benefits

This replaces lost earnings if you cannot work due to permanent disability. The amount of disability benefits you receive is based on your earnings, age, and impairment rating.

The higher the disability rating you receive, the higher the benefits you collect and the longer you can receive benefits. If you are 100% disabled, you are entitled to weekly payments for life. Disability ratings between 70% and 99% also entitle you to a life pension. Once you receive the maximum weekly disability benefits, you receive an additional amount for life.

Supplemental job displacement benefits

This compensates you if your employer can’t offer alternative or modified work after you are classified as permanently disabled. This benefit is a flat $6,000 and can be used toward job training, certification, equipment, licensing, and other expenses to get a new job.

Damages Available in a Personal Injury Lawsuit

An experienced San Diego accident attorney will help you explore whether third party liability entitles you to also pursue a personal injury claim. You may recover additional damages through a personal injury lawsuit including:

  • Lost wages to recover 100% of your lost earnings. Workers’ compensation caps benefits at 2/3 your weekly wages. A weekly dollar amount cap may also be lower than the amount of lost earnings you are suffering. A personal injury claim allows you to make up the difference between your prior earnings and workers’ comp benefits.
  • Pain and suffering
  • Emotional distress
  • Mental anguish
  • Loss of enjoyment of life
  • Disfigurement (this is considered by workers’ compensation in determining a permanent disability rating, but this may still fail to fully compensate you for scarring and disfigurement)

Note that California law bars double-dipping. If you recover compensation through a third party claim, your employer is entitled to be reimbursed from the settlement or verdict for the lost wage and medical benefits you were paid.

The two-thirds of your average weekly wages may not be enough to give you the quality of life you enjoyed before your accident or cover your bills. This is why it’s important to consult with an experienced San Diego construction accident attorney to explore other avenues to recover compensation if your accident involved third party negligence.

Damages for Survivors After a Fatal Construction Accident – Wrongful Death Damages & Workers’ Compensation

Have you lost a loved one due to a fatal construction accident? There are two ways to recover damages for the loss of your loved one.

Workers’ compensation pays death benefits to a worker’s spouse, children, and dependents after a death due to a work-related illness or injury. Death benefits include burial expenses up to $10,000 and an amount based on the number of partial or total dependents. The death benefits range from $250,000 for one dependent to $320,000 for three or more dependents.

If a third party other than the worker’s employer was negligent and caused their fatal accident, surviving family members may also bring a wrongful death action against the negligent party. A “survival” cause of action can also be brought as a separate claim. Damages available in wrongful death and survival actions include:

  • Final expenses
  • Income the decedent would have earned
  • Household services the decedent would have provided to the family
  • Loss of gifts and benefits heirs would have received
  • Loss of companionship, affection, protection, sexual relations, moral support, and guidance
  • Pain and suffering in some survival action cases

Independent Contractors & Workers’ Compensation in California

Under California labor law, independent contractors do not have the right to workers’ compensation. Construction workers who are independent contractors can sue their employers for construction accident injuries, but this can be a complicated issue.

Construction contractors and subcontractors frequently try to classify workers as independent contractors and subcontractors to avoid workers’ compensation premiums and other costs. A National Employment Law Project study on misclassification found that the construction industry has one of the highest rates of independent contractor misclassification.

Fortunately, California law protects construction workers from misclassification.

California Labor Code § 2750.5 has two presumptions that a worker is an employee, not an independent contractor.

In the construction industry, Labor Code Section 2750.5 as well as the Borello test are used to determine if someone working under a subcontract is an employee of the contractor.

California’s AB 5 statute, passed in 2018, further expanded protection by holding that most wage-earning workers in California are employees and the burden is on the employer to prove someone is an independent contractor.

If your workers’ compensation claim is denied because you are classified as an independent contractor, a San Diego construction accident lawyer can help.

What to Do if You Have Been Injured in a Construction Accident

After a workplace accident, it’s critical to take certain steps as soon as possible. This not only ensures you receive the prompt care you need but protects you if you need to file a claim for compensation. Take the following steps after you are injured in a San Diego construction accident.

#1. Notify your employer

As soon as possible, notify your employer of your accident or incident. Reporting your injury or condition to a supervisor or foreman documents the accident, notifies your employer of potential unsafe conditions, and protects you if you need to file a claim.

Your employer should be notified in writing within 30 days of your injury. There are some exceptions to this deadline, such as occupational illness or injuries that are not acute but develop over time. If you delay reporting a work-related injury or accident to your employer, they may not be required to provide workers’ compensation.

#2. Seek medical care

The next step is seeking prompt medical attention right away. This step, of course, should be done first if your injury is very serious or an emergency. Your employer must post the medical care network (MPN) it uses to treat injured workers.

When you receive medical care, be sure to inform the physician that your injury is work-related.

Getting prompt medical care doesn’t just ensure you receive the treatment you need to potentially reduce the risk of long-term complications, it also documents your injury and connects it to your work-related accident. A delay in treatment can make it hard to prove your injury was actually sustained on the job. It may also make it easy for an insurance company to minimize the severity of your injury.

#3. Document your incident

Once you are able to, take steps to document your accident, injuries, and anything that may have contributed to your incident. If necessary, ask a coworker to take photos of unsafe conditions that caused your injury or the scene of your accident. Write down the names and contact information for anyone who witnessed your accident.

You should also keep a journal to write down everything you remember about your accident before your memory fades and to track the treatments you receive, the pain and impairment you suffer, how your injuries affect your daily life, and how your treatment and recovery progresses.

#4. Contact a construction accident lawyer

After beginning medical treatment, you will need to submit a claim form. Your employer is required to provide a claim form within one day of a reported injury. This form is returned to your employer to begin the workers’ compensation process.
It’s a good idea to consult with a San Diego construction accident lawyer even before you submit your claim form, however. Your lawyer can assist with investigating your accident, filing the necessary paperwork, and ensuring your claim is as strong as possible from the beginning.

#5. Be aware of important deadlines

There are several critical deadlines that impact the steps you must take after an on-the-job accident. Missing these deadlines can weaken your case or make you ineligible for benefits and compensation. Important deadlines include:

  • 30-day deadline to report your injury to your employer. For cumulative trauma or occupational illness, you must give notice when you find out your injury was caused by your job.
  • 1-year statute of limitations to file a workers’ compensation claim. This statute of limitations begins on the date of your injury or when you know or should have known the injury was caused by work.
  • 2-year statute of limitations for personal injury cases and wrongful death claims resulting from third-party liability.

Common Questions About Construction Accident Liability

Who can seek compensation for injuries?

Almost all construction workers are eligible to seek workers’ compensation benefits for on-the-job injuries. Independent contractors can seek compensation when their work-related injuries were caused by someone’s negligence. Surviving family members of injured workers can seek compensation for their losses through workers’ compensation and wrongful death actions.

What compensation can I recover as an injured San Diego construction worker?

An injured worker can recover workers’ comp benefits for medical care, lost earnings, disability, disfigurement, and job displacement. Personal injury cases related to third-party liability allow injured workers to recover compensation for non-economic losses like pain and suffering.

Can a construction worker sue his employer after suffering a worksite injury?

There are very few circumstances that allow injured construction workers to sue their employer. An employer can be sued if they did not have required workers’ comp insurance, caused intentional harm, or engaged in serious, willful misconduct that caused a workplace accident. Independent contractors can sue an employer if their negligence caused an injury.

Who pays for my damages if I’m injured in a San Diego construction accident?

California employers must provide workers’ compensation benefits for injured workers through workers’ compensation insurance or being self-insured. If your employer did not have coverage for your workers’ compensation benefits, you can recover your damages through a state fund. The only way to recover damages outside workers’ compensation for a construction accident is through a third-party personal injury lawsuit against someone other than your employer whose negligence or wrongdoing caused your accident.

Can family members receive compensation when a worker dies in California?

Yes, surviving family members are entitled to death benefits through workers’ compensation. When workers die due to work-related injury or illness, dependents can recover compensation for burial expenses plus weekly death benefits up to a limit.

How much does it cost to hire a construction accident lawyer?

The San Diego accident lawyers at Berman & Riedel, LLP work on a contingency fee basis. You pay nothing out-of-pocket for legal representation to pursue workers’ compensation benefits and damages through a personal injury lawsuit. You only pay attorney’s fees if and when we secure a settlement or verdict on your behalf.

What kind of construction injuries do San Diego construction accident lawyers handle?

Berman & Riedel, LLP handles all types of San Diego construction accident cases, including those that result in catastrophic injuries, permanent disability, and wrongful death. Common construction accident injuries our clients have sustained include traumatic brain injuries, spinal cord injuries, amputation, toxic exposure and cognitive or neurological impairment, vision loss, hearing loss, orthopedic injuries and fractures, back injuries, burns, electrical shock, and more.

What can I do if my employer refuses to address dangerous conditions at a San Diego construction site?

While construction sites are inherently dangerous, construction companies, like other employers, must provide a workplace that is as safe as possible and free of recognized hazards. Employers have a duty to ensure employees have and use safe equipment, establish comprehensive hazard communication, provide proper safety training, and more.
If dangerous conditions are not being addressed by your employer, you can report it to the California Division of Occupational Safety and Health (Cal/OSHA). After filing a complaint, OSHA can perform an on-site or off-site inspection.

Contact a San Diego Construction Accident Lawyer at Berman & Riedel, LLP for a Free Consultation

What should I do if I’ve been in a construction accident? How will I pay my bills when I can’t work? What can I do when my workers’ compensation claim is denied or I’m being treated unfairly? These are just some of the questions you may be asking yourself.

At Berman & Riedel, LLP, we understand the devastating nature of construction site accidents and how overwhelmed you may be in the aftermath. You may have many questions and feel unsure where to turn for the help you need.

Our San Diego construction accident lawyers are here to give you the aggressive legal representation you need to protect your rights, fight for fair compensation, and hold the responsible parties accountable. You deserve to focus on recovering and how you will move forward, not fighting an uncaring insurance company.

Contact Berman & Riedel, LLP today to schedule your free consultation with a San Diego construction accident attorney who will help you explore your options and begin pursuing the full compensation you need.


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Frequently Asked Questions

Below are answers to common questions people have about personal injury cases and working with a lawyer. During your initial consultation, we will be happy to answer questions that are particular to your case.

How Much Does It Cost to Hire a Personal Injury Attorney?

The attorneys at Berman & Riedel, LLP, accept cases on a contingency-fee basis. This type of agreement means you do not pay any attorneys’ fees out-of-pocket for legal representation. Attorneys’ fees are also contingent on the outcome of your case.

You benefit from legal representation in exchange for an agreed-upon percentage of a settlement or jury award. We will only recover a fee if you recover compensation.

Can You Tell Me How Much My Case Is Worth?

There is no way to determine the exact value of a personal injury case, especially early in your case. However, an experienced attorney can give you an estimated range based on their experience with similar cases.

There are many factors that may influence the value of your case, such as:

  • Your total financial or economic damages
  • The severity of your injuries
  • The impact of your injuries on your daily life
  • The strength of your case
  • Whether you share fault for your accident
  • Insurance policy limits 

Some damages are easy to calculate, such as lost wages and medical bills. Calculating the value of diminished earnings for the rest of your life or future medical needs; however, may require the help of experts. Non-economic damages like pain and suffering have no intrinsic financial value. These damages are challenging to calculate. 

If your case goes before a jury, you may potentially be able to recover more than you could through a settlement. However, this introduces a new element of risk: the jury. The circumstances of your accident and even how sympathetic you or the defendant are can influence the outcome.

During your consultation, and throughout your case, we will help you understand how these factors influence your case. We will also work tirelessly to document the value of all your damages and pursue maximum compensation on your behalf.

Will My Case Go to Trial?

The vast majority of cases are resolved by reaching a settlement agreement outside of court. Very few personal injury cases actually go to trial, but it is more likely if the facts in your case are in dispute, a legal issue is being contested, or you have a high-value case.

An experienced lawyer will build your case as if it will go to trial from the beginning. The stronger your case and evidence, the more likely a fair settlement will be reached.

How Do I Know If I Need a Personal Injury Lawyer?

If your case involves mostly property damage or minor injuries, you likely do not need a lawyer to handle a claim with the insurance company. The more serious your injuries, or the more complex your case, the more important it becomes to seek experienced legal counsel.

Remember that the insurance company is not on your side, even if the insurance adjuster seems sympathetic and you receive a settlement offer. If you are being blamed for your accident or sustained serious injury, a lawyer will help you protect your rights and build the strongest case possible. This includes calculating the full value of your current and future losses.

Legal representation is also vital if your case involves a complex area of law such as elder abuse or neglect, premises liability, commercial vehicle accidents, medical malpractice, or serious work-related accidents. Determining liability, navigating decades of legal precedence, and interpreting specific statutes in these cases is best done with years of relevant legal experience.

Do You Accept Cases Outside of San Diego?

While our law office is located in San Diego, Berman & Riedel, LLP, accepts cases throughout the state of California.


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