When you are injured on a construction site, you should always follow these steps to ensure that when you pursue compensation for your injuries you have the best chance of recovering: Even if your injury seems minor or does not bother you that much, seek immediate medical attention. Your failure to seek immediate medical attention may be used against you by opposing counsel to show that your injuries are not as severe as you claim, Report your injuries to your supervisor as soon as possible, Gather the names and contact information of anyone who witnessed your injury, including coworkers, Take photographs and other physical evidence of the injury including making note of the location of the injury on your body, location of where the injury occurred and any machinery involved, Seek legal representation. Construction related injuries can be serious and complicated matters. Proper legal representation can set your case apart and increase your chances of receiving compensation for your injuries. Consult with an injury attorney in Rancho Cucamonga right away.
It is important that you begin the process immediately. Construction sites are constantly changing as work progresses and it is possible that any evidence in your case could be destroyed in the process. Proper documentation is vital in these cases in order to hold the appropriate parties responsible.
Types of Compensation
Workers’ compensation benefits can cover a portion of lost wages and medical care. These benefits, while helpful, can still leave a gap in the income of an injured worker. Civil cases allow a worker to recover damages in the form of lost wages, impairment of earning capacity, medical costs, future medical costs, pain and suffering, and loss of consortium. This compensation can go a long way in restoring the quality of life lost in an accident.
Fortunately for workers in California, the state allows for comparative negligence. This means that even if the accident was partially the fault of the injured party or their employee, a third party claim can still be filed. If a court or jury determines that the injured worker was partially at fault, the amount of damages recoverable will be proportionally reduced. For example, if the employee is found to be 25% responsible for the accident, the third party can still be responsible for 75% of the damages.
Who is Responsible?
By law, all construction companies are required to carry workers’ compensation insurance that covers injuries to their employees working on the job. Even if an employee is partially or totally at fault for their injuries, that employee is still entitled to workers’ compensation benefits. Workers’ compensation is not a complete remedy to your injuries however. The compensation received under workers’ compensation covers medical care and lost wages, but the payments are limited, do not cover the entire amount necessary and does not assign fault for the accident.
The only remedy to completely recover for your injuries is a civil case against those responsible for your accident. There are many moving parts in a construction site. Contractors and subcontractors often work together on large job sites. This allows for large jobs to be finished more quickly and efficiently. However, in situations where there are accidents on site this also means many different parties could potentially be at fault, including: Construction company, Site owner or manager, General contractors, Other contractors or sub-contractors on the site, Architects, Engineers, Equipment manufacturers and or Suppliers.
Any of these third parties may be liable for negligence that results in injuries to a worker, as long as the worker is not their employee. Third-party claims can result in substantially greater compensation than what an injured employee could receive through workers’ compensation. For this reason it is critical to hire a law firm that has extensive expertise and experience in construction accident cases.