When a construction worker sustains an injury at work, the workers’ compensation laws of California generally ensure they can recover compensation for their medical expenses and ongoing support while they recover in the form of disability benefits. Workers’ compensation also shields employers from civil liability for injured workers’ damages. The victim of a workplace construction accident may not be able to file a personal injury claim against their employer, but they could have grounds for a personal injury suit if a third party caused their injury.
Construction unfolds in many locations across California every day, and some of these sites intrude into public spaces. If a passerby, a driver, or any other third party causes a construction accident that results in injury to a worker, the injured worker could have grounds for both a workers’ compensation claim and a third-party personal injury claim. If you want to explore the full breadth of your options for legal recourse after a construction accident caused by a third party, a San Diego third-party construction accident attorney is the best resource to consult.
A third-party construction accident is any construction accident that happens because of the actions of a party outside of the victim’s work. For example, if a construction worker sustains an injury due to their co-worker’s negligence, this falls within the purview of an entirely work-related accident and would not qualify as grounds for a civil suit. However, if the at-fault party is not a co-worker or related to the injured victim’s work in any way, they would be subject to a third-party construction accident claim.
A third-party construction accident suit can potentially help an injured worker recover much more compensation than workers’ compensation benefits can provide. However, filing this type of civil claim is more complex than many realize. Therefore, you need legal counsel you can trust if you intend to pursue any kind of third-party construction accident claim in San Diego.
The right attorney can have a tremendous positive impact on the outcome of your case. You can rely on your legal team to guide you through the workers’ compensation claim process to secure an initial recovery, obtaining compensation for medical expenses and lost income while you recover. However, there are limits to what workers’ compensation can provide after a serious construction accident. An experienced San Diego third-party construction accident attorney can help their client compile their third-party personal injury claim to seek an enhanced recovery.
Your attorney can provide responsive communication as your claim unfolds. For example, if you encounter any issues with your employer’s workers’ compensation insurance carrier, your attorney can address these and streamline the determination for your claim. Then, when it comes time to compile your third-party personal injury case, your legal team will assist you in gathering the evidence needed to establish liability and for proving your damages that workers’ compensation can’t cover.
Ultimately, you are not only more likely to succeed with your civil action with the help of an experienced San Diego third-party construction accident attorney but also more likely to maximize the final recovery you obtain for your damages. The Mitchell Law Corporation can provide ongoing support and guidance as your case proceedings unfold until you reach a suitable resolution to your third-party construction accident case.
The workers’ compensation process is straightforward but much easier to navigate and complete with the help of an experienced attorney. Your legal team can assist you in completing all necessary claim forms and meeting procedural deadlines for your claim. You must report the injury to your employer as soon as possible and request claim materials so you can begin the filing process quickly. Any delay could cast doubt on the validity of your claim. If your claim is denied or if you encounter any other problems, an experienced attorney is the best asset to have to assist you in resolving these matters.
Filing for workers’ compensation benefits is similar to filing for any other type of insurance coverage. The insurance carrier will want to determine the full scope of your injury,which often requires a medical examination from an approved physician. A workers’ compensation doctor will examine a patient and assign them a disability rating based on the severity of their injury and whether they will face long-term or permanent complications from it.
Once the workers’ compensation insurance carrier has investigated a claim, they will deliver a determination of benefits. If approved, a claimant can typically expect full coverage of all their medical expenses for healing their work-related injury and managing symptoms in recovery. If the claimant cannot work as they recover, they can qualify for ongoing disability benefits, typically paid at about two-thirds of their average weekly wage. Disability benefits can continue in California for up to 104 weeks in most cases or longer in response to catastrophic injuries.
If you are unsure whether you have grounds for a third-party construction accident claim, it is vital to seek legal counsel as soon as possible after your injury. The Mitchell Law Corporation can not only help you file your workers’ compensation claim but also assist you in determining if you have grounds for a third-party construction accident claim as well. If you suspect any third party bears liability for your damages, we can help you secure the evidence and testimony needed to support your claim. If necessary, we can also consult expert witnesses who can testify about the unique and complex details of your case.
Success with any personal injury case requires the plaintiff to accurately identify the defendant and prove the defendant’s actions directly caused the plaintiff’s claimed damages. When a third-party bears fault for a construction accident, the victim’s attorney will help their client determine how to best prove their liability for the damage they have caused.
If there are any disputes regarding fault for a construction accident, it’s important for plaintiffs in California personal injury claims to remember the state’s rule concerning comparative negligence. If a plaintiff bears any liability for causing their claimed damages, they lose a percentage of their case award equal to their percentage of fault for causing the incident in question.
A successful workers’ compensation claim can yield valuable compensation for an injured worker, such as medical expense coverage and ongoing disability benefits while they are unable to work. If an injured worker has grounds for a third-party claim, they can seek an even greater recovery. For example, California state law allows a personal injury plaintiff to seek full compensation for all economic damages suffered from a defendant’s actions. While workers’ compensation can account for medical expenses and some lost income, the plaintiff can add the remaining lost income and lost earning capacity, if applicable, to their civil claim.
In addition to economic damages, California state law allows a personal injury plaintiff to recover compensation for their pain and suffering. There is no limit to the amount a plaintiff can seek in pain and suffering compensation, and a San Diego third-party construction accident lawyer can help their client determine a reasonable amount based on the severity of the client’s condition.
The workers’ compensation claim process can seem daunting, and facing a related third-party claim can make an already difficult situation even more complex and stressful. If you are unsure how to proceed after a third party has caused a construction accident and injured you, it’s vital to speak with a San Diego third-party construction accident attorney as soon as possible. Your legal team can assist you in meeting all applicable procedural requirements for your case. When you choose the Mitchell Law Corporation to help you with a third-party construction accident claim, we will guide you through the workers’ compensation process before helping you draft your civil complaint against the third party who injured you.
The sooner you secure legal counsel you can trust, the sooner you can begin building your defense against the charges you face. It’s natural to have lots of questions and concerns about the unique details of your recent construction accident, and the Mitchell Law Corporation can provide the answers you need to your most pressing legal questions. To take legal action and explore the full range of your recovery options, contact the Mitchell Law Corporation today to schedule your consultation with an experienced San Diego third-party construction accident lawyer.