May 2, 2024

Construction Site Injuries: What are the Legal Options Available for Victims

Construction sites expose workers to different types of hazards. Indeed, the construction industry is one of the fields that cause a big percentage of worker injuries and fatalities. If you have been injured at a construction site, you might be concerned about whether you still have your job after you recover from your injury or if you can get back to work at all. This depends on a lot of factors like your injury and the specific job you do. Injuries sustained on this site can make you eligible for compensation. Experienced injury attorneys Huntington Beach provide a free consultation to help you understand your options. 

Filing a Personal Injury Claim

If you have sustained an injury due to the failure of your contractor, a property manager, or employer to implement OSHA standards, you must seek immediate medical attention first. After you get treatment, you must report your injury to your employer in writing. Then, contact a lawyer experienced in handling construction injury claims. Often, works site injuries are subject to workers’ compensation regulations. Such regulations can preclude your right to file a personal injury claim against the responsible parties. Your lawyer can explain the way workers’ comp and personal injury claims intersect and determine what your best course of action is.

Difference Between Workers’ Comp and Personal Injury Claim

Workers’ comp is a type of insurance the law requires to give a predetermined amount of benefits to workers injured on the job regardless of the cause of their injury. Its coverage includes medical care, permanent disability, temporary disability, and vocational rehabilitation. 

The majority of workers’ comp laws limit the monetary amount you may recover from your boss and prohibit you from suing your co-workers. Workers’ comp is only your remedy for an on-the-job injury unless your injuries were caused by a third party like a faulty product manufacturer. 

If your injury resulted from negligence for a third-party other than your employer, you can file a personal injury claim against this party that can include other contractors on the construction site. 

Recoverable Damages

Construction site accident damages you can recover include medical expenses, property damage, lost wages, and pain and suffering. In California, you have two years from the date of injury to file a personal injury claim. A skilled lawyer will help you pursue the fair and full compensation you deserve for your injury. Also, they will ensure you can file your claim on time.