Working at a construction site requires alertness since many unforeseen hazards could lead to an injury. Even experienced workers who understand the dangers associated with their tasks might suffer harm in an unexpected mishap. California construction workers may wonder about recovering compensation after an injury, as even short-term recoveries might lead to financial troubles.
Seeking assistance after a construction injury
Construction workers hurt on the job may consider filing for workers’ compensation benefits. California does not require workers to prove negligence when filing a claim, so several incidents outside personal injury categories are not exempt. Workers could injure themselves unintentionally and file a claim.
Workers intending to file a compensation claim may benefit from avoiding delays and collecting all necessary evidence. Claims might face denials when not correctly filed, although an appeal remains an option for those initially denied.
Suing an employer is not always possible when a worker files for and receives workers’ compensation. However, there could be rare situations where filing a lawsuit and collecting workers’ compensation is an option.
Other points about construction accident liability
Third parties do not receive the same legal protections as an employer when a worker files for workers’ comp after construction accidents. A worker injured by a defective tool may file a product liability lawsuit against the manufacturer. Tragically, many people are hurt in incidents of workplace violence. Lawsuits against a co-worker who purposely hurt a colleague might go forward in a civil courtroom.
Employers may take steps to improve safety conditions for workers, including replacing worn safety equipment or mandating additional safety training for workers. Still, the risks could remain high at a construction site. Working near electric lines, dangerous tools and from heights comes with dangers.