Legal Question in Personal Injury in California

Day laborer injured on a job

Im a day laborer who took a painting job with just a verbal contract. The property owner had a scaffold already set up from a previous painter he fired. Myself and two other workers were up on the scaffold. At one point when I stepped over, the scaffold broke and I fell about thirty feet into some bushes. The other two guys managed to grab hold and not fall. It turns out the scaffold wasn't properly secured and I suffered a concussion and a sprained wrist. The property owner is saying he's not responsible for my injuries since there was no written contract. Im wondering if I have a case against him here.


Asked on 8/17/02, 2:51 pm

8 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Day laborer injured on a job

You almost certainly have a good case against him for your injuries, which include medical expenses, loss of earnings and pain and suffering. You should discuss the matter with a competent personal injury lawyer right away to evaluate the case. If it is small, you will be advised as to how to pursue the matter in small claims court. If it is larger, a qualified attorney will be willing to handle the matter on contingency, meaning no recovery - no fee.

You may want to receive and read my Special Report entitled "Inside Secrets Insurance Companies Don't Want You to Know!" You may call me to receive a free copy, and if you want to discuss your case further.

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Answered on 8/26/02, 8:46 pm
Terry A. Nelson Nelson & Lawless

Re: Day laborer injured on a job

You do. He should have provided WCAB insurance for you. If he didn't, then he is liable for your injuries himself. Call if interested 714-960-7584

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Answered on 8/26/02, 8:51 pm
Joel Selik www.SelikLaw.com

Re: Day laborer injured on a job

Yes you do, and depending on a few circumstances, a very good one.

Joel Selik

www.4thelaw.com

800-894-2889

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Answered on 8/26/02, 9:08 pm
Armen Tashjian Law Offices of Armen M. Tashjian

Re: Day laborer injured on a job

The landlord is full of it... You have a good case. Hire a lawyer who specializes in personal injury law and go for it. If you do not know or have an attorney give me a call (323)782-0099 for a free case evaluation.

Also, it is important for you to get the necessary medical tests to make sure that all your injuries are properly identified and dealt with. Good luck.

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Answered on 8/26/02, 10:23 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Day laborer injured on a job

Yes, you have a case. Contract has nothing to do with it. You should claim against his homeowner's policy. Conatct me at 818-481-9284.

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Answered on 8/26/02, 10:37 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Day laborer injured on a job

Of course you have a claim for negligence. Please call me directly at (619) 222-3504.

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Answered on 8/29/02, 12:27 pm
Robert Shaw Law Offices of Robert F. Shaw, Jr.

Re: Day laborer injured on a job

Thanks for your inquiry. You certainly do have a case. Your email does not indicate clearly what sort of job this was -- were you an independent contractor? Were you hired by the company? Was the property owner the one that hired you? These are important questions to determine whether you have a worker's compensation claim, and how many defendants there are. Possible defendants include the property owner and the scaffolding company. Go to our website at www.QualityLegalCounsel.com and feel free to contact me personally for help.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you. Law Offices of Robert F. Shaw, Jr. 336 Bon Air Center. No. 407, Greenbrae, CA 94904. (415) 209-6332. http://www.QualityLegalCounsel.com

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Answered on 8/27/02, 11:58 am
Dennis Blum Josephs & Blum

Re: Day laborer injured on a job

The simple answer is, yes. If you are in the bay area call 415 544.0400 for a free consult. If out of the area call your local bar association or ask friends if they know a good attorney. Time works against you. The sooner you have an attorney the better.

Good LucK

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Answered on 8/27/02, 1:10 pm


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