Jobs in the construction industry are among the most dangerous types of employment. Accidents are a frequent occurrence at construction sites, and the potential for severe injuries is always high. If you were hurt while on a construction site, an experienced Arcadia construction accident attorney can help you pursue compensation from the liable party.
At the Simmrin Law Group, our experienced team has a long history of helping accident victims get the money they need to get their lives back on track after suffering a serious injury. Get in touch with us today to schedule your free initial consultation with one of our experienced Alhambra personal injury lawyers.
Should I File a Workers’ Compensation Claim or a Personal Injury Lawsuit
Following a construction accident, your options for recovering compensation will depend on a variety of factors. In the majority of cases, your only option will be to file a workers’ compensation claim with your employer’s insurance provider. However, under certain circumstances, you may qualify to file a construction accident lawsuit.
While a workers’ comp claim will give you a quicker path to recovering compensation with far fewer hoops to jump through, there are downsides to this option. The main drawback is that you are limited in the damages you can claim. You will be able to pursue certain economic damages like medical expenses and lost wages, but you will not qualify to collect non-economic damages.
With a personal injury lawsuit, you will be able to claim a wide range of both economic and non-economic damages, and may even be able to pursue punitive damages. When you work with an experienced Alhambra construction accident lawyer, they can help you identify your eligibility for filing a construction accident lawsuit.
Cases Involving Negligence or Intentional Harm
In most instances, workers’ compensation offers protection for employers against lawsuits from injured workers. However, your employer will not be protected if your injuries were the result of negligence on their part. Although construction sites are dangerous by nature, employers must still take steps to limit hazards.
If your employer fails to address any preventable safety concerns, neglects to ensure you receive the necessary safety training, or provides you with faulty safety equipment, you could hold them liable for any damages you sustain through a construction accident lawsuit.
Your employer can also be sued if they intentionally caused you harm. For example, if your boss attacks you in any way, you can file a lawsuit against your employer for any resulting damage.
Cases Involving Injuries Caused by a Third Party
You may also be eligible to file a lawsuit if your damages were caused by a party other than your employer. In construction accident cases, lawsuits against equipment manufacturers for defective tools are common.
If you were injured by a defective power tool or another party other than your employer, an experienced attorney can help you identify who is responsible so you can file a lawsuit to recover the losses you sustained.
For a free legal consultation with a construction accidents lawyer serving Alhambra, call (310) 896-2723
A Construction Accident Attorney Serving Alhambra Can Help You Meet all Applicable Deadlines
After a construction accident, you need to be sure that you file the required paperwork before the filing deadline. The cutoff date for filing will depend on whether you are seeking compensation through a construction accident lawsuit or a workers’ comp claim.
Filing Deadline for a Construction Accident Lawsuit
If attempting to recover damages through a construction accident lawsuit in Alhambra, you will need to file the necessary paperwork within two years of the accident under California’s personal injury statute of limitations.
Filing Deadline for a Workers’ Compensation Claim
When filing a workers’ compensation claim, you will need to report your injury to your employer within 30 days of the accident. Your workers’ comp claim will also need to be filed with your employer’s insurance provider within one year of your accident.
Whether filing a lawsuit or a workers’ comp claim, it is critical that you don’t let the deadline pass you by, as this can mean the loss of your right to recover compensation. However, even if you believe you have missed your chance to file, you should still contact an experienced attorney. An exception may apply to your case that allows you to file beyond the standard cutoff date.
At the same time, you could find that the details of your case place further limits on the amount of time you have to take action. Hiring an experienced construction accident attorney in Alhambra as soon as possible after your accident is the best way to ensure you meet your deadlines and protect your right to recover money through a settlement or court ruling.
Alhambra Construction Accident Lawyer Near Me (310) 896-2723
California’s Pure Comparative Negligence Rule
When determining fault in a construction accident case in Alhambra, the state employs a pure comparative negligence rule. Under this rule, all accident victims can pursue damages, even if they share in the fault for the accident. As long as you are not solely responsible for causing the accident, you have the right to claim compensation.
However, if you share the fault for your accident, the amount of money you can recover will be reduced in direct proportion to your level of liability. For instance, if you were 40% to blame, you would only be able to pursue 60% of the value of your losses.
In this scenario, if the losses you suffered are valued at $100,000, the most you could recover would be $60,000.
Get Started With an Alhambra Construction Accident Attorney Today
Working with an experienced construction accident lawyer in Alhambra will significantly improve your chances of recovering the money you need and deserve over attempting to represent yourself.
Contact us today by completing our online contact form or giving us a call and schedule your free case review with a team member from the Simmrin Law Group.