All manual labor jobs carry physical risks, but construction workers may face severe dangers to their physical safety at a significantly higher level than in other industries. Workers’ compensation is an important benefit offered to California construction workers in the event of a work-related injury or job site accident. If you’ve been injured on a job site, it is important that you speak with a San Jose construction injury lawyer as soon as possible.
The attorneys at Wiesner English, P.C., represent injured workers throughout a wide range of industries. Our extensive knowledge of workers’ compensation law and the related legal issues surrounding it have enabled us to focus our practice exclusively on helping workers receive the comprehensive compensation they deserve.
We know the stress that can accompany workers’ compensation cases. We offer legal counsel and guidance to workers pursuing compensation, taking care of arising issues so that our clients can ultimately focus on recovery. For dedicated and diligent representation in your construction injury case, speak with a member of our team for a case review and consultation.
The Occupational Safety & Health Administration (OSHA) oversees worker safety throughout the country, aiming to ensure safety standards are established and enforced. According to OSHA, there are four main hazards facing construction workers on job sites:
Fall injuries include broken bones, head injuries, and spinal cord injuries.
Struck-by-object injuries include traumatic brain injuries, lacerations, contusions, and fractures.
Electrocution leads to burns, nerve damage, and even cardiac arrest.
Caught-in-between injuries include broken bones, crush injuries, lacerations, and impalement.
In addition to the four most common hazards, construction workers face many additional risks, such as exposure to harmful chemicals and other substances, leading to burns, eye damage, or illness. Construction workers could also be prone to long-term damage, such as rotator cuff tendonitis from repetitive strain motions.
Workers’ compensation benefits should be offered to those workers who have been injured in a work-related accident or in the course of performing work-related duties. Rather than holding an employer liable or requiring an injured worker to prove negligence to receive compensation, the workers’ comp system seeks to protect both parties. It does so by often entitling workers to compensation regardless of fault while ensuring that the employer will not be liable for civil damages in most cases.
California’s workers’ compensation system is a no-fault system. This has two implications. First, an injured worker is entitled to pursue compensation even if they are partially or completely at fault for the work accident. As long the circumstances of the injury do not give rise to a legal defense, such as being caused by voluntary intoxication, it’s likely that you can collect a claim award.
The workers’ compensation no-fault system means that an injured worker does not carry the burden of proving negligence in order to secure compensation. Unlike a personal injury claim, workers’ compensation does not require that any wrongdoing was committed in order for the injured employee to obtain compensation.
If you’ve suffered an accident or injury while at a construction site, it is advised that you first follow these steps:
Though not legally required, consulting a workers’ compensation attorney during these steps is a highly recommended step toward ensuring you have rightly filed a claim that may potentially result in the maximum allowed benefits.
Workers’ compensation may cover several important areas related to your recovery. When the insurance company reviews your case, they may evaluate your claim with a view of the following:
California law requires injured workers to go through workers’ compensation as the exclusive legal remedy to pursue compensation for their damages in most cases. As a result, workers are most often unable to sue their employer to recover civil damages. Therefore, ensuring that your claim is both comprehensive and complete may be paramount to securing a more appropriate benefit award.
If you partner with one of our qualified and experienced attorneys, we can help by:
In addition to helping you with your workers’ compensation claim, your attorney can discuss whether a third-party liability claim is appropriate in your case. Some accidents are the result of fault or negligence on the part of another party that is not your employer. In those cases, a personal injury claim may be filed in order to claim additional damages.
For example, if you were injured on the job site because another company was negligent, such as by failing to mark off a hazard or by improperly operating machinery or equipment, you could pursue a personal injury case against the at-fault company. In order to do so, you will be required to demonstrate evidence of wrongdoing by proving that both the negligent behavior occurred and that it directly led to your workplace injuries.
Personal injury cases may provide the opportunity to seek additional types of damages you can’t recover through workers’ compensation, including pain and suffering. Because the burden of proof rests on you, it is highly recommended you work with a qualified attorney with experience in litigation and personal injury claims.
If you’ve been injured at all in a construction accident or other work-related incident, do not hesitate to consult with a qualified and skilled construction injury attorney. The team at Wiesner English, P.C., is dedicated to helping injured workers receive what they deserve, enabling them to concentrate on fully recovering. For a consultation or to get started with your claim, contact our office today.
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