The potential for a serious injury or death to occur at a construction site is much higher than other industries. In 2015, nearly 20 percent of the nation’s fatal work injuries were associated with the construction industry. In California’s larger cities, such as Los Angeles and San Diego, construction worker fatality and injury rates were among some of the highest in the nation.
Construction site accidents can inflict potentially life-threatening, permanently disabling and disfiguring injuries. The various types of injuries a worker can sustain while on the job include spinal cord damage, burns, open or closed head injuries, broken bone injuries and severed fingers or limbs. Often, injured workers are unable to return to work. In some cases, workers may never be able to perform the duties associated with their job.
Accidents happen at work; it’s a reality we all have to live with. Workers are guaranteed protection under the law. Each individual has unique facts and circumstances concerning a workplace injury and often requires a lawyer’s expert advice and counsel in order to uncover all avenues of possible action. Life as you know it may permanently change because of the workplace injury you obtained. Holding the employer at fault legally accountable for any health issues or physical ailments you may experience is your legal right.
Workers’ compensation is a term many have heard of, but few understand. It is basically an insurance that employers pay into to cover financially work-related injuries. The insurance protects employers and protects employees by providing compensation for any medical injury or loss. An example of a ‘workplace injury’ would be getting injured using company equipment, a mechanical accident that results in a physical injury, or falling off a ladder that results in a broken bone. Any kind of physical damage taken place on company property or on company time should be covered under workers’ compensation.
If you have acquired a nearly fatal injury that has called for a series of medical procedures and have not received financial aid, our lawyers at Mitchell Law Corp. will fiercely fight on your behalf. Rarely are construction companies providing health care to their employees, with an estimation of only 57% of individuals receiving health benefits. Filing a lawsuit in reference to a workplace injury can be a financially and emotionally strenuous experience, and your health and recovery should not suffer while we pursue your case to the highest degree.
Often, there are discrepancies with workers’ compensation not covering physical therapy, multiple recovery surgeries, or psychological therapy, based on the fact employers had not purchased workers’ compensation insurance for their employees beforehand. In the State of California, all businesses must be properly insured for workers’ compensation by the state or a State Compensation Insurance Fund (SCIF). If the employer did not, they are considered an illegally uninsured employer, and this fact can further rectify your case against the defense.
In the case you have not received financial aid because the employer failed to be properly insured, the state of California’s Uninsured Employer’s Benefit Trust Fund (UEBTF) will cover any expenses by paying the workers’ compensation insurance benefits for you. They will then pursue the uninsured employer for compensationto recover the funds. In addition to this, insurers and employers will often provide workers compensation for a portion of the claim but refuse a portion of the claim request they deem you are un-eligible for. In many cases, injured employees are refused claims altogether for worker’s compensation.
If your employer or workers’ compensation insurance denies your claim, you are legally eligible to file an appeal with one of our attorneys to refute the denial of an injury. Employers may deny workers compensation because there is:
While there are some cases where the denial of workers’ compensation is justified, there are situations where physical disabilities are invisible. A few examples of these types of disability include cognitive brain damage, brain bleeds from blunt force trauma, or brain injuries of any kind that may not be visible to your employer. If the employer denies workers’ compensation because there is ‘no physical evidence,’ this is simply false and illegal. You are entitled to make an appeal based on the denial from the insurer or an employer if you believe the result of your case claim is false. The appeals board will hold a hearing and then make a determination on your claim. Discussing your workers’ compensation claim with a lawyer is a safeguard against any mishandling by your employer concerning your circumstances and gives you an advocate that is neutral and not self-interested. This will serve to assess your circumstances from a more unbiased perspective.
In construction work, there are many moving elements. Oftentimes construction work is near heavy traffic and may involve the use of dangerous machinery, scaffolding, and large materials. Having an educated understanding of the broad spectrum of injuries covered under workers’ compensation is valuable knowledge when an injury takes place. Having a lawyer access the situation at hand will help make the already difficult circumstance less stressful and hopefully provide a feeling of hope. There are many examples of accidental work injuries and employer negligent injuries. Both are covered under workers’ compensation.
Many factors can cause a construction site accident to happen, such as:
Consulting a lawyer about work-related injuries is easy. Working on a contingency basis, lawyers at Mitchell Law Corporation earn their commission from the award won in court, costing the client no out-of-pocket costs. Clients can hire our distinguished lawyers and not worry about out-of-pocketcosts at all. A contingency policy helps injured workers pursue their legal rights against employers by allowing them to hire an attorney who will advocate for them. You should not have to worry about financial stress from legal bills on top of the already cumbersome reality that you may be suffering from a workplace injury. With this policy, you are able to have wise legal counsel while simultaneously focusing on physical recovery.
No matter what factor (or factors) contributed to an accident occurring, it is important injury victims know their legal rights and options. Workers’ compensation varies on a case-by-case basis due to the complex details surrounding a workplace injury. To learn what your legal rights are and if you are eligible to file for workers’compensation benefits, contact an attorney in San Diego at the Mitchell Law Corporation today. We can determine who is at fault for the accident and make sure the negligent party is held accountable for his or her actions.
Please keep in mind that California only allows victims a limited amount of time to file a personal injury claim. Because every case is different, the amount of time allowed varies. We can inform you of the time you have to take legal action.
An attorney is trained to fight fervently for their clients. Our team of attorneys wants nothing more than to see your case rectified. If you are unsure if your claim is eligible for legal action, we can help. At Mitchell Law, we provide free consultations where we sit down with potential clients to discuss the issues at hand. We are here to help safeguard your constitutional liberties and pursue your case to the highest legal degree.
In addition to handling construction site accident personal injury claims, our experienced legal team also handles cases involving the tragic death of a family member while on the job. We know that no amount of money could ever replace the life of a loved one. Our goal when representing grieving family members is to get them the funds they need to pay the costs associated with a horrific loss, including funeral expenses, burial costs, final medical bills and deceased lost benefits.