If you’ve been hurt in a San Diego construction accident, the circumstances of your case may qualify you for compensation outside of what workers comp would provide. For help getting the compensation you deserve, contact a lawyer today.
Unfortunately, construction workers are often involved in accidents that cause serious injury and death. According to the Occupational Safety and Health Administration, over 20 percent of all on-the-job fatalities in the United States were in the construction industry in 2015.
It goes without saying that thousands more construction workers are injured each year. If you’re one of those victims, you deserve compensation for the toll your construction accident has taken on your life.
This is where an experienced San Diego construction accident lawyer at The Kindley Firm, APC, can step in. Our team can guide you through the entire process, from sitting down and discussing your options to winning your case.
While the law requires that all employers provide workers compensation, you’re likely to find that workers comp is insufficient for your financial needs.
Typically, workers comp will only cover certain expenses, such as basic medical treatment and a percentage of lost wages. In fact, in some cases, an employer won’t have workers comp insurance.
However, many construction accidents can be classified as personal injury claims. That means you may be able to pursue compensation beyond what workers comp would provide.
The following circumstances might allow you to file a personal injury claim for your construction accident injuries:
In most cases, you have to rely on workers comp if your employer or work environment caused your injuries. However, if a third party was responsible for your San Diego construction accident, you might be able to file a personal injury claim.
For instance, if you were working at a roadside construction site when a distracted driver ran off the road and hit you, you could pursue compensation from that driver.
In the construction industry, you work with all kinds of heavy equipment and tools. If one of those machines malfunctions and causes your injuries, you might be able to name the machine’s manufacturer in your claim.
Similarly, if you become ill or injured after dealing with a toxic substance, you might be able to pursue personal injury compensation from the manufacturer of the substance.
If your employer acted intentionally and that action caused the construction accident that injured you, you might have grounds for a personal injury claim.
For example, if your employer physically assaulted you or intentionally made you work in hazardous conditions, you could pursue compensation outside of workers comp.
If your San Diego construction accident injury does qualify for a personal injury claim, you’ll have to keep California’s statute of limitations for personal injury claims in mind.
In California, you must file a suit within two years of the date of your injuries. If you discovered your injury at a later date, you’ll have one year from the date you discovered it to file your claim.
The sooner you get started, the better chance you’ll have of getting the compensation you need.
Multiple parties can be at fault in a construction accident. Your San Diego construction injury lawyer will help you quickly and correctly determine who was at fault.
If you are able to proceed with a suit, you’ll want identify the factors that caused your construction accident. These may include the following scenarios:
Note that a combination of these factors might have caused multiple injuries. The more evidence you have, the better your outcome will likely be.
When you suffer an injury on a construction site, you will likely find yourself not only hurt physically, but financially and emotionally, too. Workers comp often fails to meet the needs of victims like you, but, under the right circumstances, you may have other options.
An experienced San Diego construction accident lawyer at The Kindley Firm, APC, can help you gather the evidence, weigh your options, and make the best possible decision for both you and your family. To get started, call us at 619-550-1313 or fill out our online contact form at the bottom of this page.