Working in the construction industry can be hazardous. This field is among the highest for workplace accidents. If you were injured on the job, you could be entitled to recover compensation from the liable party. An experienced West Covina construction accident attorney can help you pursue the compensation you need and deserve.
At the Simmrin Law Group, our team of experienced West Covina personal injury lawyers has helped countless accident victims recover the compensation they need and deserve. If you suffered injuries in a construction accident, learn more about how we can help with a free initial consultation.
Your Options for Filing a Workers’ Compensation Claim or a Personal Injury Lawsuit
After suffering damages in a construction accident, you will need to file either a workers’ compensation claim or a personal injury lawsuit to ensure you recover the compensation you need and deserve. In most cases, your only option for pursuing damages is going to be through workers’ comp. However, certain conditions may allow you to file a lawsuit instead.
There are benefits and drawbacks to each path to compensation. While filing a workers’ comp claim is going to be simpler and get you money for your losses far quicker than if you were to file a personal injury lawsuit, you will be limited in the damages you can recover. You will only be able to claim certain economic damages like medical expenses and lost wages.
Meanwhile, filing a construction accident lawsuit will enable you to cover a wide range of both economic and non-economic damages and may even qualify you to pursue punitive damages. However, you will have to jump through many hoops, and getting the money you need in this manner can be a lengthy process.
When Your Case Involves Negligence or Intentional Harm
Workers’ compensation protects employers from being sued by injured employees in most circumstances involving workplace injuries. However, there are some circumstances under which your employer is not protected. One of the most common reasons an employee can file a lawsuit after suffering an on-the-job injury is if their employer was negligent.
While a construction site is full of unavoidable hazards, your employer still has an obligation to make things as safe as possible by eliminating any dangers that can be removed. If they fail to remove these hazards, don’t provide you with the necessary safety equipment, or neglect to provide you with proper safety training, you can sue them for your losses.
You also have the right to file a lawsuit if your employer intentionally caused you harm. For instance, if your boss struck you or otherwise attacked you, you can pursue a lawsuit against your employer for the injuries you sustained.
When Your Injuries Are Caused by a Third Party
Another situation in which you can file a lawsuit rather than a workers’ compensation claim is if the liable party is someone other than your employer. A common instance of this in construction accident cases is when a defective tool causes you harm.
In this situation, you would be able to pursue a lawsuit against the manufacturer of the tool. This may be an option even if you accept workers’ compensation from your employer’s insurer.
For a free legal consultation with a construction accidents lawyer serving West Covina, call (310) 896-2723
A West Covina Construction Accident Lawyer Will Help Ensure That All Deadlines Are Met
Following a construction accident, it is essential that you file all the necessary paperwork on time to ensure you protect your right to recover compensation. The filing deadline for you to pursue damages will depend on whether you are filing a workers’ compensation claim or pursuing a construction accident lawsuit.
Workers’ Compensation Claim Filing Deadline
When attempting to recover money through a workers’ comp claim, you must report your injury to your employer within 30 days. Furthermore, you will have one year from the date of your accident to ensure that your claim is filed with your employer’s insurance provider.
Construction Accident Lawsuit Filing Deadline
When pursuing damages through a construction accident lawsuit, the personal injury statute of limitations in California is two years.
Whichever method you are attempting to use to get the money you need, missing the filing deadline could result in the loss of your right to recover damages. However, you should still contact an experienced attorney even if you believe your window for filing has closed. The details of your case could create an exception, allowing you to file after the usual cutoff.
Of course, the specifics of your case could shift the filing deadline in the other direction just as easily. Hiring an experienced construction accident attorney serving West Covina is the best way to ensure you don’t get surprised by an unexpected deadline and protect your right to recover damages through a court ruling or out-of-court settlement.
West Covina Construction Accident Lawyer Near Me (310) 896-2723
Pure Comparative Negligence in California
When assessing fault for a construction accident in West Covina, the state uses a pure comparative negligence rule. According to this rule, any victim of an accident can pursue compensation for their damages, even if they were partially or even mostly to blame. As long as they were not 100% at fault, they have the right to claim compensation.
However, the amount you are able to recover will be reduced in proportion to your level of fault if you held part of the blame. For example, if you were 10% responsible for causing the accident that resulted in your damages, the maximum compensation you could pursue would be 90% of the full value of the losses you sustained.
In this situation, if your losses are valued at $100,000, the maximum compensation you could recover for your damages would be $90,000.
Get Help From an Experienced Construction Accident Attorney in West Covina Today
The best way to improve your chances of recovering the money you need after an on-the-job injury is by engaging the services of a construction accident lawyer in West Covina. At the Simmrin Law Group, we have helped countless accident victims get the money they need from those liable for their damages.
Contact us today by giving us a call or using our online contact form to schedule your free case review.