When a building collapses, the effects are often devastating. In a matter of seconds, entire structures can give way, leaving workers with serious injuries and emotional trauma that can last a lifetime. In addition to the possibility of lost wages, workers confront the stress of navigating medical care and legal processes.
That is where we can help. A San Bernardino building collapse lawyer could help injured workers pursue workers’ compensation benefits or, where applicable, hold third parties accountable through civil claims. While no legal action can undo the damage caused, talented workers’ compensation lawyers with the law offices of Antony E. Gluck believe in the importance of having a clear sense of direction during such a difficult time.
Common Injuries After a Building Collapse
Collapses can often lead to severe or life-changing injuries. Some of the most common include:
- Amputations
- Fractures and crush injuries
- Spinal cord damage and paralysis
- Severe lacerations and internal bleeding
- Traumatic brain injuries and concussions
- Psychological trauma, including PTSD and anxiety
These and other injuries can keep someone out of work for months or even longer, and may permanently limit their ability to return to their previous job.
In California, employers are required to carry workers’ compensation insurance, which may cover medical treatment (Labor Code § 4600) and temporary or permanent disability payments (Labor Code §§ 4653, 4658). Some workers may even qualify for a Supplemental Job Displacement Benefit voucher if they are no longer able to return to work in the same position. A San Bernardino workers’ compensation lawyer can help clarify what benefits you qualify for and advocate on your behalf.
What Causes a Building to Collapse?
There are many reasons why structural failures happen, and identifying the cause in each case is often key to determining legal responsibility. Here are a few possible contributing factors:
- Faulty construction methods, such as inadequate design or improper use of building materials
- Defective or poorly maintained equipment, including scaffolding or tools used during construction
- Inadequate site inspections or safety measures, such as failing to identify preventable hazards
- Excavation or trenching issues causing sudden ground movement
- Crane or hoisting issues that can destabilize a site
- Heavy equipment accidents, including bulldozers, forklifts, or other machinery
When Cal/OSHA investigates a building collapse, violations of these or other safety standards may come to light. With the help of a San Bernardino building collapse attorney, these findings can provide vital support for a workers’ compensation claim.
Beyond Workers’ Compensation
In California, workers’ compensation is generally considered the only remedy against an employer (Labor Code § 3602), but there are notable exceptions where a civil lawsuit may be appropriate. These can include situations where:
- A third party (such as a property owner, general contractor, or product manufacturer) was negligent (Civil Code § 1714)
- The employer engaged in serious and willful misconduct, which can increase benefits by 50 percent (Labor Code § 4553)
- A public entity is involved, provided the worker files a Government Claim within six months of the incident (Gov. Code § 911.2)
Construction settings also raise the Privette doctrine (Privette v. Superior Court, 5 Cal. 4th 689), which often shields hiring entities from liability for injuries to a subcontractor’s employees. This doctrine does have exceptions of its own, so it’s important to consult with a building collapse attorney in San Bernardino to explore all possible avenues for recourse.
Talk to a San Bernardino Building Collapse Lawyer Today
No one should have to navigate the aftermath of a building collapse alone. Speaking with a San Bernardino Building Collapse Lawyer may help provide a better understanding of your rights and the options available to you.
While no outcome can ever be guaranteed, our team is committed to helping injured workers pursue the benefits and compensation they may be entitled to under California law. If you or someone you love has been affected by a collapse, contact us today. Help is available.