Make The Most Of Workers’ Compensation And Third-Party Suits In Construction Accidents
Construction is one of the most dangerous industries in the country, and it’s not hard to see why. Elevated heights, defective equipment, inexperienced workers and poor communication between parties on the site are just a few of the things that can lead to accidents.
If you have been injured while working construction in California, it’s important to speak with a lawyer to determine your rights and options, whether that is filing for workers’ compensation, filing a personal injury suit against a third party or both. Attorney Horacio Barraza has more than 25 years of experience in these matters. He is committed to helping injured construction workers get the benefits and damages they deserve. Find out how he may be able to help you.
What Makes Construction Accidents So Dangerous?
Workers on construction sites face potential accidents and injuries every day. Just a few of them are:
- Falls from heights
- Structural collapse
- Falling objects
- Auto and other equipment accidents
- Negligent use of or malfunctioning equipment and heavy machinery
- Accidents from the use of saws and other dangerous equipment
- Electric shock and burns
In the worst cases, workers may suffer fatal injuries such as spinal cord injuries, traumatic brain injuries, crush injuries, internal organ damage and death by electrocution.
Your Options For Compensation
Most workers are able to file a workers’ compensation claim. Your employer’s insurance carrier is responsible for paying out workers’ comp benefits, which generally include a portion of your weekly wage, all of your medical bills and losses for certain permanent injuries such as amputations.
Workers’ compensation is the exclusive option for workers to collect damages from their employer. However, on construction sites, there are typically many third parties whose negligence may have caused or contributed to the accident. When this is the case, you may be able to file a personal injury suit or product liability suit against the third party. For example, maybe an untrained worker for a subcontractor on the site caused a heavy equipment accident, or a tool malfunctioned due to design flaws and injured you.
You can seek compensation from negligent third parties such as these. If you win damages from them, they may be in addition to your workers’ comp benefits. Also, you are allowed to sue for pain and suffering in a third-party suit, which is something workers’ comp does not cover.
It’s important to note that the defendant in a construction accident is rarely sued for punitive damages unless their negligence/conduct was especially egregious.
Don’t Risk Your Benefits Or Third-Party Compensation
You may be facing months or years of pain and disability from the accident, but attorney Barraza knows how to help. To learn more, speak with him today in a free consultation. Please call the San Diego office at (619) 239-3225 or fill out our online intake form and you will receive a call shortly.