In California, few jobs carry more risk for serious or even catastrophic injuries than construction work. This is because construction workers are routinely exposed to the dangers posed by heights, electricity, heavy machinery, power tools and more. However, construction workers who get hurt on the job do have certain rights. If you or someone you love has been hurt in a construction or workplace accident, our personal injury lawyers help explore your legal options.
Important Considerations In California Construction Injury Cases
In general, California construction workers who get hurt at work have limited means for seeking compensation. The first is to file a worker’s compensation claim. The second is to sue the responsible party or parties.
Some of the key factors we evaluate to determine which one is the best option in your case include:
- Who you were working for when the injury occurred;
- Whether your employer has workers’ compensation insurance;
- Whether the general contractor or construction site owner was negligent;
- Whether the negligence was “actionable.”
Because there are strict deadlines for initiating legal action in these cases, it is crucial to get the proper legal advice as soon as possible. If you were injured in a construction accident, contact LawPLA to schedule a consultation with an outstanding personal injury lawyer.
Establishing A Los Angeles Workplace Injury Claim
Construction is not the only field in which injured workers have few options for seeking compensation. The same is true for other types of workers who get hurt on the job. In most cases, the employee must file a workers’ compensation claim. By law, doing so will prevent the injured employee from suing his or her employer. However, there are a few circumstances in where it may be possible.
To determine whether you can sue your employer following a workplace accident, we will consider whether there is sufficient proof that:
- The injury resulted from an intentional act; or
- A power press machine caused it; or
- It stemmed from fraudulent concealment by the employer; or
- It meets the criteria for a “dual capacity” injury; or
- Your employer did not have workers’ compensation insurance when you got hurt.
Key Aspects Of Workers’ Compensation And Civil Workplace Injury Claims
Making the decision about whether to file a workers’ compensation claim or sue your employer is important for several reasons. The choice you make will determine what you need to prove in order to win, and the range of benefits or compensation you will receive.
Because workers’ compensation is a “no fault” insurance plan, you do not have to prove any wrongdoing on your employer’s behalf. On the other hand, your reparations are limited to weekly payments, compensation for permanent injuries, medical costs, and occupational rehabilitation.
To win a civil suit, you must prove that your employer’s actions or inactions caused your injury. However, if you do prevail, you may get compensation for the pain and suffering you have experienced, along with compensation for lost wages due to the inability to work, medical costs, and so on.
Contact The Best California Defective Drug And Medical Devise Attorneys Now
If you were injured while working at a construction site or at any other Los Angeles workplace, you have limited ways of seeking legal remedies. That’s why it’s important to consult an experienced construction and workplace injury lawyer as soon as possible. Contact LawPLA to schedule a consultation today.