When you’re involved in a construction accident, you might be wondering if you can file a personal injury claim. Read on to learn about the process of filing a claim.
Filing a Claim for Your Construction Accident
Construction accidents can lead to severe injuries, including lacerations, broken bones, crush injuries, or even spinal cord injuries. Due to the inherent risk of the construction industry, accidents are bound to happen. That’s why the state of California requires all construction companies to carry no-fault workers compensation insurance.
As a construction worker, typically the only claim that you can bring against your employer is through the no-fault workers compensation system. The benefit of mandatory workers compensation is that it can allow you to get money for things like medical bills, lost wages, and permanent disability without having to prove that your employer was at fault.
The downside to the system is that you are usually unable to take action against your employer outside of the workers compensation system, even if you feel your employer was at fault. However, it’s important to keep in mind that multiple parties are often involved in these types of claims.
For example, an independent contractor or part manufacturer might in some way bear responsibility for your injuries. Sometimes, even a fellow co-worker can be at fault. Or perhaps you’re not a construction worker at all, but were injured by a falling object near a job site. In all of these cases, you could be able to file a third-party personal claim against these non-employer entities for your damages.
Filing a third-party personal injury claim can allow you to recover damages for things not necessarily covered under workers compensation benefits, such as considerations for pain and suffering, mental distress, diminished earning capacity, and more.
Timeline for Filing a Claim in California
A state’s statute of limitations dictates the amount of time that can pass before a claim can no longer be processed. In the state of California, workers generally have one year from the date of their injury to file a claim with the state workers compensation system.
For workers compensation, the statute of limitations isn’t the only thing you have to keep in mind, as California also requires injured workers to inform their employer of their injury within thirty days of their injury. Failure to do so could result in your benefits being held up or even denied.
Finally, the statute of limitations on a third-party personal injury claim is different from that of workers compensation. In situations where workers or others attempt to sue other parties besides an employer, they generally have two years to file a claim.
Contact a Construction Accident Lawyer in San Diego
Whether you’re filing a workers compensation claim or a third-party personal injury suit, an experienced attorney can help. The lawyers at The Kindley Firm, APC, are trusted in San Diego to fight for the rights of workers injured on the job.