Porta-Potty Accident Attorney
There are many hazards on a construction site, from the often harsh weather conditions to the tools and equipment used. However, construction workers are trained in the safe operation of these items and how to be safe on a construction site. While the job can be challenging, it is also rewarding to see the results of hard work and skill as a building or other feature begins to take shape where there was once nothing more than dirt.
But what can come as a huge surprise to many new employees on a construction site are the hazards associated with using the porta-potties. The service they provide is truly essential. However, the design of the structure can contribute to its lack of stability and many safety concerns. So if you have suffered workplace injuries due to a porta-potty accident, you are sure to have some serious questions.
The staff at Kenmore Law Group is here 24/7 to provide a reliable resource for questions about worker’s compensation, the ability to file a lawsuit for injuries while in a porta-potty, and who could be responsible for your injuries and losses. Don’t hesitate to contact Kenmore Law Group to discuss the details of your situation and injuries with a porta-potty accident attorney and worker’s comp expert. The consultation is free, and you are not obligated to hire Kenmore Law Group. We simply want to be sure that all injury accident victims have the resources they need to protect themselves and their financial future after suffering a workplace injury.
Porta-Potty Accident Injuries Are No Joking Matter
Sadly, many pranks and construction site jokes center around porta-potties. From blocking the door from opening to moving the unit while someone is inside, these acts are both hazardous and childish. Even a minor scratch or cut can become severely infected when contaminated by human waste inside a porta-potty.
In addition, many severe injuries occur when a porta-potty tips over or is hit by a vehicle or piece of large equipment like a bobcat or dozer. Some of the injuries that can have the most severe impact and leave victims with life-long pain, suffering, and disabilities include:
- Head injuries, including concussions, traumatic brain injury, or a cracked skull
- Neck, back, and spinal cord damage
- Fractured or broken bones
- Soft tissue injuries, including strains, sprains, and tears to muscles, ligaments, or tendons
- Nerve damage
- Lacerations and puncture wounds
- Facial injuries to the eyes, nose, mouth, or teeth
Sadly, any injury that breaks the skin’s surface is susceptible to a life-threatening infection due to the contamination and bacteria found in a porta-potty. Therefore, a complete medical evaluation should be the first concern of any victim involved in any porta-potty accident or incident that causes the unit to tip over or fall.
$465,000
Slip & Fall
$500,000
Premises Liability
$525,000
Head Trauma
$500,000
Back Injury
$599,000
Slip And Fall Accident
$600,000
Shoulder Injury
What Causes Most Porta-Potty Accidents?
The size and shape of porta-potties increase their potential to fall over or be tipped over by a strong wind or when hit by a vehicle or piece of heavy equipment. The base is roughly half the size of each side of the structure and can act like a sail when the wind increases. And with a weight of only around 300 pounds, these structures are easily tipped, even on level ground. When you factor in rough terrain, unstable ground, or a location that is not flat, the porta-potty is very likely to fall over or tip easily.
In addition, the size and amount of traffic on the average construction sites make finding a safe location for a porta-potty even more challenging. There are typically no roads on a construction site, so trucks and equipment can go in every direction. This means that every driver needs to pay close attention to their surroundings. Swerving to miss another vehicle often results in a truck errantly colliding with a porta-potty and severe injuries for the occupant.
Who Will Help You Pay Your Medical Bills?
Fortunately, all workers in California benefit from a very high-quality worker’s comp system to assist them when injured on the job. Employers are required to provide worker’s comp coverage to their employees at no charge. This program provides the financial assistance injured workers need and protects employers from added lawsuits.
When you are hurt while at work, the medical benefits from worker’s comp cover up to $1M in medical expenses related to your workplace injuries. In addition, you could be eligible for partial compensation for your lost wages while you are healing from your wounds. In the case of extensive injuries with long-term implications, there is also the possibility of receiving permanent disability and vocational training. The team at Kenmore Law Group will assist you in determining which benefits could apply to you and how to seek them.
When Worker’s Comp Might Not Apply
There are times when another person or entity could be responsible for your injuries in a porta-potty accident. For example, if the porta-potty is found to be defective, the manufacturer could be liable for your injuries and the cost of your medical care, and other expenses and losses. Another example could include what is intended to be a workplace prank. If another employee tries to block the door or move the porta-potty while you are in it, there is a significant possibility of an accident and injuries occurring.
In these cases, worker’s comp will not likely pay your medical bills. Instead, you will need to work with your Kenmore Law Group legal team to determine who is responsible for the injuries and owes you compensation for your injuries and losses. The process to recover the money owed to you will involve filing a claim with the court system.
Timing Can Be Critical
It is vital to understand that if you use the worker’s comp system to pay your medical expenses and partial lost wages, the claim must be opened within 30 days of the incident. If you wait longer, the claim will typically be denied. In the case of a civil matter, you have two years from the date of the incident to file your claim with the court system.
However, it is essential to note that you do not need to wait that long to file the claim. Unfortunately, there is no way to accurately determine how long the case will require to reach completion. So understand that the sooner you file it, the sooner you will receive the settlement or verdict you need to pay your medical bills and other expenses related to the injuries you sustained.
What Is The Potential Value Of A Porta-Potty Claim?
The value of your worker’s comp porta-potty injury claim will be determined by the cost of your medical bills up to the maximum benefit amount of $1M. The amount of your lost wages will be capped at 66% of your average weekly wages. Other long-term compensation and the value of any vocational training are better determined by the Kenmore Law Group experts who are working on your case and are more knowledgeable about its details.
If you determine that a civil lawsuit is needed to seek the compensation you deserve for your injuries, the expenses you can include in the claim are broader than the worker’s comp claim. The average lawsuit can consist of some or all of the following items:
- Your medical expenses for treatment of your injuries
- Your legal fees for representation and to prepare and litigate the matter
- The value of any damaged or destroyed personal property
- All of your lost wages for work missed due to your injuries or seeking medical care for those injuries
A dollar amount can also be included to represent your pain and suffering due to the injuries you sustained. The legal staff at Kenmore Law Group will assist you in determining which expenses can be included in your claim to ensure you receive the full compensation you deserve.
Why Trust Kenmore Law Group?
When you suffer an injury, the manner in which it occurred can complicate the matter and add to your concern or embarrassment about discussing it. Please rest assured that the staff at Kenmore Law Group is well aware of how serious and severe the injuries from a porta-potty accident can be. What starts out as a prank or appears to be just a minor mishap can result in permanent injuries and pain for the rest of your life. And we are here to ensure that justice is served on your behalf.
No Upfront Legal Fees
When you hire an attorney, you might be prepared to pay upfront fees, or that might put expert legal advice out of your reach. That is not the way our legal system is meant to work. Everyone should have access to the same high-quality legal services. And in an effort to ensure that access, Kenmore Law Group never asks for any upfront payment.
Instead, we only get paid after our client has obtained the settlement or verdict they need to move past their injuries and losses. And you owe us nothing if we fail to do our job and get you the compensation you need. So please get in touch with Kenmore Law Group if you suffered injuries due to a porta-potty accident. Our porta-potty accident attorneys are ready to discuss your case and offer expert guidance and advice during a free consultation.