Construction is a dangerous profession. Statistics show that construction workers are injured in on-the-job accidents relatively often when compared to workers in most other industries.
Have you been hurt in a construction accident in or around Santa Monica? If so, you may recover compensation for your medical bills and other economic losses you’ve incurred as a result of your injuries. Discuss your case with a Santa Monica construction site accidents attorney at Randolph and Associates for more information.
Construction accidents take many forms. The following are a few noteworthy examples:
Often, when a person has been injured in an accident, they must first prove their accident resulted from another party’s negligence before they can recover financial compensation for losses and damages associated with their accident. This may require conducting a thorough
However, proving negligence typically isn’t necessary when a victim of a construction site accident seeks compensation. In California, injured workers can pursue compensation for their medical bills lost wages, and other such losses by filing claims for workers’ compensation benefits.
California legally requires nearly all employers to purchase workers’ compensation insurance. If you’ve been injured on the job as a construction worker, you can file a claim with your employer’s workers’ compensation insurance carrier, even if your accident wasn’t the result of someone else’s actions or carelessness. You only need to prove that your accident occurred while you were operating within the scope of your employment to demonstrate that you’re eligible to receive workers’ compensation benefits.
The process of recovering workers’ compensation benefits may not be as lengthy as the process of recovering compensation in other types of personal injury cases. This is due to the fact that you don’t need to prove negligence caused your accident to recover workers’ compensation benefits in California. Not having to conduct a thorough investigation to identify the negligent parties responsible for causing an accident can allow an attorney to resolve your
case more efficiently. However, there is a trade-off workplace accident victims should be aware of. If you’re filing a claim or lawsuit after being injured in an accident resulting from negligence outside of the workplace in California, you might be able to recover compensation for certain non-economic losses, such as pain and suffering.
Workers’ compensation benefits generally only cover economic losses. Examples include:
The fact that workers’ compensation benefits don’t offer coverage for non-economic losses in California doesn’t necessarily mean it’s impossible for an accident victim to recover compensation for such losses and damages in our state. It is sometimes possible for a victim to file a separate third-party claim to pursue additional compensation when workers’ compensation benefits don’t provide all the compensation they need based on the extent and severity of their injuries and related losses.
This may be an option when a construction site accident resulted from a third party’s
negligence. Examples of negligence that can cause an accident at a construction site include (but aren’t limited to) the following:
Again, those are just a few examples. After filing a claim for workers’ compensation benefits, a victim whose accident resulted from negligence can also file a claim or lawsuit to collect additional compensation from the insurance of the negligent party.
They must gather sufficient evidence showing their accident resulted from the liable party’s carelessness or actions to do so. This may require conducting an investigation. While you may lack the resources necessary to conduct such an investigation yourself, a Santa Monica construction site accidents attorney could leverage their firm’s resources to investigate your accident on your behalf.
Workers’ compensation insurance carriers aren’t charitable organizations. They’re businesses. Like any business, an insurance company will attempt to protect its bottom line whenever possible.
Injured workers often learn this fact the hard way when they file claims for workers’
compensation benefits. Upon filing your claim, you may find the insurance company will first attempt to deny it. An insurer could justify denying your claim by arguing that:
A Santa Monica construction accident attorney can investigate your accident to gather evidence proving it happened while you were working. They can also present evidence showing you were not injured as a result of intoxication, horseplay, or an intentional act on your part.
A qualified Santa Monica construction accident lawyer will also handle all correspondence and negotiations with the insurance company. If the insurance company attempts to offer less compensation than you deserve, your attorney can reject their unreasonably low offers and fight for a more appropriate settlement.
At Randolph and Associates, our Santa Monica construction site accident attorneys value the role construction workers play in our society. When construction workers are injured, we’re committed to helping them recover the compensation they deserve. Learn more about what we can do for you in these circumstances by contacting us online or calling us at 310-395-7900 for a free consultation.
Randolph & Associates is a top Los Angeles personal injury law firm. Highly recommend If you have an injury or accident. Super helpful and comforting throughout process.— Ryan B., Google Review