Do I Need a Lawyer When in an Accident Due to Construction?
Whether you need a lawyer if you were injured in a construction-related accident depends on several factors. If you are an injured construction worker, it is likely workmen’s compensation insurance covers your claim. Under workers’ compensation law, you cannot sue your employer under most circumstances. If you are an injured passer-by, obtain legal advice as soon as possible.
Injured construction workers may need a lawyer if the accident occurred due to third-party negligence. For example, if malfunctioning equipment caused the accident, you may have grounds for a personal injury lawsuit against the manufacturer or distributor.
Construction work is inherently dangerous. Construction accidents often cause permanent disability. Many prove fatal. The Los Angeles construction accident attorneys at Ellis Injury Law can fight to protect your rights and help you receive the compensation you deserve for your injuries. For two decades, we have fought for the rights of Los Angeles-are construction workers and our track record is second to none.
California workers’ compensation
In California, workers’ compensation covers medical expenses, temporary disability benefits for wages lost when recovering, and permanent disability benefits if there is no complete recovery. Injured workers who can no longer perform the job held prior to the accident may receive retraining vouchers to learn new skills. If the worker succumbs to their injuries, the family may receive death benefits.
Under the no-fault workers’ compensation system, employees can only receive treatment from healthcare providers approved by the employer and the workers’ comp insurance carrier. The exception is emergency care received in the immediate aftermath of the accident.
Keep in mind that until construction accident lawyers launch a thorough investigation, the root causes of the incident are not fully known. It could turn out that what initially appeared as an employer-related injury also had a third party involved.
If the accident occurred because of the negligence of a company besides your employer, filing a third-party liability claim is a consideration. The victim may receive additional damages.
Besides defective products, construction-related third-party liability claims may involve another contractor or sub-contractor on the site, or a vehicle driver working for another company.
Workers’ compensation does not provide compensation for pain and suffering. Those injured in construction accidents may find themselves in great pain, both physical and psychological. Such damages, which are often considerable, are available via a third-party liability claim. The same holds true if the accident resulted in serious disfigurement.
Third-party claims filed in construction accidents also involving workers’ compensation are complicated. That is another reason to seek legal counsel with construction accident expertise.
Employer lawsuit exceptions
Workers’ compensation is designed to avoid having employees sue employers after getting hurt while on the job. Giving up the right to sue means that it is not necessary for the employee to prove fault. Claims should proceed quickly. Workers’ comp benefits are not as large as a plaintiff may receive by suing, but compensation is prompt.
In California, workers’ comp is the sole remedy against an employer in most situations. There are certain exceptions to the prohibition against filing personal injury lawsuits against employers. If a “serious and willful” safety violation on the part of the employer resulted in the accident, the injured worker may file a claim against the employer. Serious and willful safety violations involve egregious conduct on the part of employers.
Contact a Los Angeles construction accident lawyer
If you were injured on a construction site due to another party’s negligence, speak with the experienced LA construction attorneys at Ellis Injury Law. We offer free and confidential consultations. Call or text us 24/7 or complete our online form.
If you are a construction firm employee, we will review your case and determine whether you are limited to worker’s compensation benefits or have grounds to pursue a personal injury lawsuit against an entity other than your employer. If you were an injured bystander, we can discuss your legal options.
Ellis Injury Law’s dedicated attorneys have recovered more than $350 million for injured clients in verdicts and settlements. Our services are performed on a contingency basis. You pay no fee unless we win.