Construction sites are always bustling with activity. A huge number of people work together toward the timely completion of the project. This requires a lot of coordination between crews. Working in construction is known to be risky with all that activity going on, heavy machinery and heights. Construction workers must take due care to keep safe and preserve the safety of others.
Unfortunately, despite the precautions accidents still happen. The Accident & Work Injury Law Group provides legal help for workers involved in construction accidents.
What Workers’ Compensation Can Do In Construction Accidents
The workers’ compensation system is there to provide injured workers with medical care and benefits without having to go to court. It is designed to make compensation payout prompt, but it prevents workers from suing their employer for the accident in a civil court (even if the accident was caused by employer’s negligence). The only case when you can file a civil lawsuit against your employer is when the accident was caused willfully or intentionally.
Workers’ compensation system ensures payments for medical care and vocational rehabilitation, as well as disability benefits. If a worker died in a fatal accident, death benefits are paid out to their family. The amount of benefits is calculated through system guidelines. The benefits are lower than those obtained in a lawsuit, but they are more certain to recover. And in addition, the matters of negligence and fault are left out.
The workers’ compensation system was designed to cater for injured workers in a timely manner, but the reality is often different. Sometimes it can be difficult to recover due compensation because there are conditions to be met when filing the claim. Namely, the employer should be informed about the accident as soon as possible, the injury must be documented, the injury proven to be work-related and finally, there is a medical examination that establishes the scope and severity of injuries.
Denied claims require the worker to take the matter to a workers’ compensation judge or the Workers’ Compensation Appeals Board. This is one of the reasons professional help is your best choice. The Accident & Work Injury Law Group can help you with the entire process – with submitting your compensation claim and appearing in court or before a board as well as all the other steps in between.
Third Party Liability
Sometimes a third party can be held liable for an accident that takes places at work. When that is the case, you could be able to file a civil lawsuit against that party besides filing for compensation with your employer.
When we are discussing construction site accidents it may happen that a worker is struck by a delivery vehicle or the property owner can be liable for an accident a worker had because of the dangerous conditions on the property. If an accident is caused by a malfunctioning or faulty piece of equipment, the worker can sue the manufacturer of the equipment.
Californian law allows workers to file a compensation claim and pursue a civil lawsuit against a third party (if they are entitled to it).
A caring workers’ compensation attorney in El Cajon
Workers’ compensation system exists for the benefit of the employee and the employer. However, it can be challenging to find your way in it and recover maximum compensation you need to get better and back to work in perfect health.
Don’t get lost in the system – hire an experienced and caring workers’ compensation attorney in El Cajon. The attorneys at the Accident & Work Injury Law Group are dedicated, aggressive and ethical and their expert knowledge and vast experience are here to help the injured workers in El Cajon, Chula Vista and the whole of San Diego County. Feel free to call us anytime for a no-cost pressure-free case review. And remember we work for a contingency fee – you only pay when you recover your compensation. If you or a loved one have sustained a construction site accident, pick up the phone right now and call us – you can only gain if you do!