Around the average construction site, the potential for a jobsite accident is inherently high. Construction workers need to be able to know that they will be taken care of in case they are hurt in a construction accident. Yet many employers and insurance companies will intentionally fight injury claims filed by construction workers in an attempt to save their bottom lines.
If you have been hurt in a construction accident while working on a jobsite in Riverside, and now your claim is being ignored or disrespected by an insurer, then BD&J, PC and our construction accident attorneys would like to hear from you. We have extensive legal experience dealing with major insurance companies and stubborn employers. Make our insight your advantage by calling (855) 906-3699 now.
Worst Forms of Construction Accidents
According to the Occupational Safety and Health Administration (OSHA), about 20% of all workplace fatalities happen in the construction industry. Of those fatalities, the majority of them can be attributed to the OSHA Fatal Four hazards.
OSHA’s Fatal Four is comprised of:
- Falls from heights
- Struck by falling or moving objects
- Caught-in or between heavy equipment
Of course, there are many other dangers around a busy construction, such as the risk of exposure to toxic chemicals, scaffolding collapses, open flames, pressure explosions, and more. When safety protocols are not kept at the forefront of daily jobsite discussions, the risk of these hazards only increases.
Workers’ Compensation Claims for Construction Accidents
When a construction worker has been injured on-the-job, the first thing they must do is determine if they have workers’ compensation coverage. If workers’ comp is available, then California liability laws will them to file for damages through workers’ comp first. The employer will most likely not have to answer to a personal injury claim as long as workers’ comp benefits are given to the injured employee.
Workers’ comp benefits usually provided to an injured construction employee are:
- Pay for all necessary medical treatments
- Portion of missing wages if the claimant is temporarily unable to work
When Can You File a Personal Injury Claim?
The benefits provided through workers’ compensation might not do too much to keep you financially stable while trying to recover from your injuries. After all, it does not provide for 100% of your missing wages, it does not cover medical treatments deemed to be elective, and it does not consider your pain and suffering at all. If you want to be compensated for these additional forms of damages, then you should speak with our Riverside construction accident lawyers to see if you can file a personal injury claim after your accident.
You might be able to file an injury claim if:
- You are an independent contractor: Many construction workers are not employees but are independent contractors instead. As such, they are not afforded workers’ compensation coverage. While this is generally not ideal, it does allow an injured worker to file a personal injury claim against the construction company if an accident occurs at no fault of their own.
- Your employer acted egregiously negligent: In rare cases, an employer can be sued for compensation after that employer’s egregious negligence causes an accident, even if the plaintiff has already received workers’ comp benefits. For example, if a construction company encourages people to drink while at work and a drunk coworker hits you with their bulldozer, then you could probably sue your employer for their wanton disregard for safety.
Ready for File a Claim? Contact Us Now
We should get to work on your construction accident claim sooner than later to give it a greater chance of success. Waiting too long to collect or examine evidence of liability can make that evidence weaker in a claim. Also, the insurance company that answers your claim is likely taking steps to defend themselves already. If you are ready to get your case started or just want to know more about your rights, reach out to our Riverside construction accident lawyers now.
Contact BD&J, PC by calling (855) 906-3699 at any time.
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