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What you should know before filing a Construction accident claim?

Construction accident claim | Gaylord & Nantais

When a construction accident occurs, the worker or his survivors can take steps to protect their legal rights and repair the damage caused to their injuries. The injured victim or their family members are entitled to compensation according to California’s Worker Compensation Law. Workers compensation is a type of insurance that protects the interests of employees who suffer work-related injuries or illnesses. It provides medical help, disability benefits, and lost wages to eligible workers when they are injured on the job or develop an occupational disease. In 2018, California’s workers’ compensation program provided approximately $18 billion in benefits to more than 1 million injured workers.

There are also other alternatives such as – if you are injured in a construction accident, a damages claim may allow you to receive compensation. An occupational accident is a type of industrial accident in which injured workers are entitled to compensation payments.

However, it is easy to lose sight of the details when you are amid an injury and are presented with many options, hence the importance of consulting a Workers Comp Attorney. Consulting an experienced Worker’s compensation attorney or a Construction Site Injury lawyer is crucial to get right or even better compensation. Workplace injuries are generally subject to workers’ compensation rules, which may preclude the right to file a claim against the parties responsible for the injury. If you have been injured in a construction site accident due to other party’s negligence, consult with an experienced personal injury attorney who can help you determine your rights and options for filing a claim against the party at fault.

What if the injury was caused due to the negligence of a third party?

However, if someone outside the company, such as a negligent contractor, or a negligent property owner, caused the injury you may be able to claim compensation in a personal injury compensation claim. However, if a third party is responsible for the accident at the scene, you can file a claim against the guilty party with the help of an experienced California personal injury attorney. A California construction accident attorney will contact all potentially responsible parties to ensure that the injured person receives the full compensation he or she is legally entitled to. Many injury victims sue multiple parties or the other party to the accident while filing workers’ compensation claims against their employers. Workers who are injured on the job may also file a personal injury claim against any third party blamed for the accident. Independent contractors injured on a construction site may file a personal injury claim against the party responsible for the accident. In situations where a worker or other person has died in a construction accident, their survivors may file a wrongful death claim against the construction company.

Workers’ Compensation or Personal Injury Claim?

Some types of accidents will be eligible for workers’ compensation, but you may be injured due to circumstances that void coverage from your employer’s policy, or you may otherwise be eligible for personal injury compensation. Second, an accident victim can file a personal injury claim against the responsible party, including the facility owner, the construction company, or the manufacturer of the defective product.

Every California employer is required to have workers’ compensation insurance, and if a worker in the state is injured or dies as a result of a wrongful act in a construction accident — and their employer is at fault — chances are their only source of compensation is workers’ wages – compensatory insurance. Violations can result in significant fines and, in some cases, may expose the employer to legal action by employees who are otherwise covered by employment benefits.   

However, there are exceptions, to sue an employer, the employee must be able to prove that the employer committed malicious behavior that resulted in injury. This remedy may apply when someone other than the worker’s employer was responsible for the accident, when the employer did not insure workers’ compensation, or when the employer committed willful misconduct that resulted in injury or wrongful death. Even if the damaged victim is partly responsible for the accident, they can still sue other people who also caused the accident. In California, the party that would be liable for someone’s harm would be most at fault for causing the injuries in question.

Working with a construction injury attorney to file a personal injury compensation claim will allow you to recover all of your medical bills without worrying about which tests or surgeries will or won’t be covered. Although the worker’s company may offer you some benefits, you should be aware that you have the right to file a personal injury compensation claim if the circumstances of the construction injury meet any of your criteria.

If you or your loved one is injured as a result of a workplace accident, and are looking for legal advice, we at Gaylord and Nantais have your back. At Gaylord & Nantais’ attorneys, we have more than 40 years of expertise in successfully representing people who have been hurt on the job. We have experience with claims in a variety of sectors and will do our utmost best to protect your rights.

Call Gaylord & Nantais Attorneys today at 562) 561-2669 or 213) 732-3436


Picture of Thomas M. Nantais

Thomas M. Nantais

Thomas M. Nantais is the Partner of Gaylord & Nantais, a legal firm specializing in workers’ compensation, in the state of California. This firm deals in getting hearing loss compensation and work related injuries compensation for those who have worked in the state of California. With his sincere efforts, Thomas is committed to meet the highest standards of the legal industry, and aims to provide the clients with an honest and aggressive representation.

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