With over 650,000 construction jobs in California, according to the Bureau of Labor Statistics, there are countless porta-potties on construction sites around the state. Everyone has seen them in these locations, as well as at fairs, outdoor venues, and other places that do not offer traditional indoor bathroom facilities. Most of the time, we see these creative devices as a great solution to a pressing issue. However, there can be times when even the most helpful device becomes a safety hazard.
In the case of porta-potties, the safety concerns increase significantly if the unit is installed improperly or there is threatening weather with strong wind. In these instances, a device considered a ground-breaking solution to the issue of no indoor plumbing can become severely dangerous or even life-threatening.
If you have suffered an injury in a porta-potty while at work, the staff at DTLA Law Group is ready to answer any questions about your rights as an injury victim, worker’s compensation, and how to secure the money you deserve for the injuries you suffered. We are here 24/7 and are happy to schedule a free consultation with a porta-potty accident attorney and worker’s comp attorney to discuss your case and how to move forward to best ensure your future financial stability.
The Common Injuries Associated With A Workplace Porta-Potty Accident
Unfortunately, the thought of a workplace porta-potty incident makes many people laugh. They think of a comedy act, a practical joke, or a little workplace humor or prank. However, the injuries sustained in a porta-potty accident can be very severe and even life-threatening. And they should never be made fun of or considered more an injury to your pride than a physical safety concern.
Some of the common injuries that occur due to a workplace porta-potty accident include:
Broken or fractured bones
Soft tissue injuries, including pulls, strains, and tears of muscle or tendons
Head injuries, including a concussion or traumatic brain injury
Damage to the back, spinal cord, or neck
Puncture wounds, lacerations, or skin damage requiring stitches or skin grafts
Sadly, many people are embarrassed to admit that they were injured by a porta-potty incident and suffer silently until their injuries become more severe or even life-threatening. If you have endured a porta-potty incident, seek a complete medical evaluation to ensure your safety and future health. The combination of a minor skin abrasion and the bacteria-laden waste in a porta-potty can result in significant infections.
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Common Causes Of Porta-Potty Incidents and Accidents
By nature and design, a porta-potty’s tall yet narrow shape makes them relatively unstable at times. If not placed on a perfectly level and stable surface, the slightest amount of wind can cause the structure to topple over. Even with the added weight of a human inside the porta-potty, seven feet plus height can make the structure susceptible to tipping when the wind blows, or the unit is bumped by a vehicle. So it is not uncommon to see many porta-potties tipped over after a storm and high wind or a seismic event.
Unfortunately, human error can also be to blame. Construction sites are typically bustling places with large vehicles traveling in random patterns with no roadways to follow. Unfortunately, this is when accidents often occur involving a vehicle and a porta-potty. The driver is unaware of the location of the porta-potty, swerves to miss someone standing in their path, or is distracted and does not see the small structure until it is too late to avoid hitting it.
The result of several tons of vehicle hitting a small plastic structure that typically weighs less than 600 pounds, including the weight of an occupant, can be tragic. The structure is often knocked over due to the impact and pushed or run over. And the person inside has little protection. It is very similar to the level of impact in a vehicle vs. pedestrian incident. So added care must be taken when locating a porta-potty on a job site and when driving near this essential yet somewhat delicate addition to any construction site.
Worker’s Comp Has You Covered
The great news for all workers in California is that the state’s worker’s comp program offers some of the best benefits in the country to injured workers. All employers are required to provide worker’s comp coverage for their employees. The program offers the medical care an injured worker needs while protecting the employer from added civil lawsuits.
When you are hurt while on the clock, you should notify your employer as soon as possible. Typically, they will open the claim for you with the worker’s comp staff. However, if they fail to do so, you can also contact the agency to open your claim. In most cases, you are eligible for payment of your medical bills related to the workplace injury up to $1M. In addition, you could be partially compensated for your lost wages and receive partial disability or vocational training if your injuries prevent you from ever returning to your job.
But it is vital to know that you must open the claim within 30 days of the injury incident, or your request for benefits will be denied. The worker’s comp experts at DTLA Law Group can assist you with any aspect of your claim that has become challenging or is not handled by your employer.
Less Common Causes Of A Porta-Potty Accident
A few more unique porta-potty incidents might not be covered under worker’s comp. Instead, they could be the responsibility of someone else who should be held accountable for your injuries. For example, if the porta-potty was determined to be defective, the manufacturer could be to blame for your injuries and should be forced to pay for your medical bills, expenses, and losses.
Or the incident that caused your injuries was not an accident. Instead, it was a workplace prank gone wrong that resulted in you being the victim of someone else’s poor judgment and warped sense of humor. In these cases, the injuries you sustained are not your employer’s fault and are not likely to be covered under worker’s comp.
Instead, you will need to discuss the details with a DTLA Law Group porta-potty injury attorney to determine if you have grounds for a civil lawsuit. If your case has merit, the staff will assist you in gathering the information needed to prepare a claim to file with the court for the compensation you deserve for your injuries and losses.
Critical Time Frames To Keep In Mind
While the worker’s comp claim must be filed within 30 days of the injury incident, a civil lawsuit allows you two years from the date of your injury to file the claim with the court. However, it is also crucial to understand that there is no way to determine how long it will take for the case to reach a settlement or verdict after it is filed. So contacting the DTLA Law Group as quickly as possible after your injuries is wise. The sooner the case is prepared and filed, the sooner you will have your compensation and be able to move past your injuries and losses.
The Potential Value Of A Porta-Potty Accident Injury Lawsuit
Most lawsuit values are determined by evaluating the losses of the victim. In the case of your porta-potty accident injuries, you would likely include:
The total of your medical bills related to the injuries you suffered
Your legal fees for representation and the preparation of your lawsuit
The value of any personal property destroyed or damaged in the incident
Your lost wages due to the injuries you suffered
There is also the potential to see compensation for the pain and suffering you endured due to the porta-potty accident. Your DTLA Law Group team will help you understand what can be included in your claim to ensure you get the most robust compensation possible for your injuries and losses.
Why Choose DTLA Law Group As Your Porta-Potty Accident Attorney
The staff at DTLA Law Group understands the challenges facing any personal injury victim. From the pain of your injuries to the concern for your financial well-being, you are under a great deal of stress. And we want to offer our expertise to help you navigate this difficult time. Our caring and understanding tea will work with you to ensure that your needs are met, from understanding your rights to getting the total compensation owed you.
In addition, we never charge any upfront legal fees to our clients. Instead, we only get paid after you have gotten the settlement or verdict you need to pay your bills. We understand that most settlements and verdicts will include the money you need to pay your legal fees, And we are happy to wait until you have those funds to pay us. And if we fail to win your case, you owe us nothing.
So don’t hesitate to contact DTLA Law Group today for your free consultation to discuss your porta-potty accident injuries and how we can help you protect your rights. The consultation is free, and you are not obligated to hire our firm. We want to ensure that you understand your rights and can protect yourself, your rights, and your financial future after suffering a workplace injury in a porta-potty.
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