If you work on a construction site and get injured, worker’s compensation should pay for any injuries you suffer. Businesses in the state of California are required to carry worker’s compensation insurance, and the process of getting it should be quite simple. However, knowing who employs you is not always easy in the construction industry. In some cases, you may be an independent contractor, in other cases, you may work for a contractor, and in still other cases, you may work for the construction company itself.
Although a construction company may have insurance, an insurance adjuster may attempt to deny your claim. They may say you were not officially on the clock or that you were under the influence of drugs or alcohol.
California law states that your worker’s compensation must pay for your accident-related injuries, even if you are the one that caused the accident.
How a Lawyer Can Help
If you were severely injured in an accident, an insurance company or your employer might not want to pay you as much compensation as you deserve. According to Grossman Law Offices in Fresno, a personal injury lawyer can help you get all of the worker’s compensation you need when you have been injured on the job. If worker’s comp insurance refuses to pay for anything related to your accident, an injury attorney can negotiate with the insurance company for you. They can represent you in an appeal hearing with the Division of Workers Compensation if it is necessary.
Common Construction Injuries
Construction might pay well, but it is one of the most dangerous jobs that a person can do. Over a thousand workers are injured each year in California alone. Typical injuries include broken bones, spinal and head injuries, and caught-in-between accidents where a person is caught between a structure and a piece of equipment.
Can I Sue Over a Construction Accident?
Workers’ compensation was established to avoid workers suing their employers for on-the-job injuries. Although you may not be able to sue your employer, you can sue a third party if they caused the construction accident. For example, if the architectural design of the building was unsafe, you can sue the architectural company. You can also sue the owners of the construction site if you feel the work environment was dangerous. If the tools you used were defective and caused an accident, you can sue the tool company.
California has a two-year statute of limitations for filing a personal injury lawsuit, meaning you have two years from the date of the injury to sue. If the injury was not immediately discovered, you would have two years from the date of the discovery of the damage to sue.
What if I was a Bystander
If you are injured while walking by or visiting a construction site, your personal injury attorney can help you. If a construction company or construction site was not safe when you injured yourself, you can file an insurance claim against the company’s insurer. Knowing who to sue can be confusing in this case as well. You will need to figure out who was responsible for the accident, whether it’s the construction company, the property owner, or another entity. A personal injury lawyer can research your case and figure out who you should sue and how much money you should get.
Getting an injury during a construction job can be painful, stressful, and expensive; however, the right attorney can help everything go smoothly.
