The construction industry is absolutely critical to our economy. Yet working in construction can be incredibly dangerous. According to the U.S. Department of Labor, workplace injuries are incredibly common in construction, particularly serious and fatal injuries.
Typically, when you get hurt at work, you are limited to filing a claim through the California Division of Workers’ Compensation. However, if someone other than your employer was responsible for your injuries, then you can file what is known as a third-party claim. A personal injury lawsuit often leads to a much more substantial recovery, including money for losses not covered by workers’ compensation – like pain and suffering, loss of enjoyment of life, and emotional distress.
The Appel Law Firm LLP represents people who have been hurt in all types of accidents, including those that happen on construction sites. We thoroughly analyze each case to determine how we can help our clients get maximum compensation for their injuries. To learn more or to schedule a free initial consultation with a Walnut Creek construction accident attorney, reach out to our law offices today.
When Can I File a Third-Party Construction Accident Claim?
The California workers’ compensation is a no-fault system that is designed to make sure that people who are hurt at work (or who develop occupational illnesses) can get medical treatment and money for lost wages without having to prove that their employer did something wrong. A person who suffers an on-the-job injury can get medical and wage replacement benefits through this system. However, workers’ compensation is an exclusive remedy, which means that you generally can’t also sue your employer for your losses.
Workers’ comp is a great system in many ways. However, the compensation that it provides is relatively limited. While your medical treatment will be paid and you will get cash for your lost wages, you can’t get money for other losses. For serious injuries, this may mean that you aren’t fully compensated.
This can be especially problematic for construction accidents, which often lead to catastrophic injuries. In some cases, it may be possible to file a third-party lawsuit for your injuries. It is known as a third-party lawsuit because it is filed against a third party (i.e., someone other than your employer).
The defendant in a third-party construction accident claim could be:
- The property owner
- A construction company
- A manufacturer of a machine or equipment
- An architect
- An engineer
- A city or government agency
- Another contractor or subcontractor on the job site.
For example, consider a situation where a construction worker is hurt on a job site when someone driving an excavator hits him. The operator was working for a different subcontractor on the job site, and it turns out that the company had never trained him on how to safely operate the equipment. In this situation, the injured construction worker might be able to file a third-party construction accident lawsuit against the other construction company.
These types of claims are usually based on a theory of negligence or carelessness. Negligence is the failure to use the level of care that a reasonable person would use in a similar situation. In the above example, because a reasonable person would train an employee before giving them the keys to operate heavy machinery on a busy construction site, the contractor may be considered negligent. The company can be held responsible for the actions of its employees and its own negligence through a lawsuit.
While third-party lawsuits aren’t always possible, they are more common in construction cases for several reasons. There are usually multiple employers on a job site, plus plenty of dangerous equipment that could malfunction and hurt someone. In addition, the property owner or another party could be held liable for their own negligence.
If you have been hurt in a California construction accident, our Walnut Creek personal injury lawyers will thoroughly investigate to determine who might be responsible for your injuries. We will put together a strategy that is designed to maximize your recovery.
Compensation in a Third-Party Construction Accident Lawsuit
In a personal injury lawsuit, you can recover money for all of your losses. Unlike workers’ compensation claims, where your benefits are limited to medical care, disability, and job displacement, you can seek compensation for a broader range of losses with a third-party construction accident claim.
There are three potential types of damages in a construction accident lawsuit:
- Economic damages pay for your direct financial losses. This may include money for your medical bills, future medical treatment, long-term care, lost wages, and reduced earning capacity.
- Non-economic damages pay for your indirect losses. This may include money for pain and suffering, emotional distress, loss of enjoyment of life, scarring, and disfigurement.
- Punitive damages are awarded in cases where a person’s injuries were caused by intentional or reckless conduct. Instead of compensating you for your losses, the goal of punitive damages is to punish someone who behaved “badly.”
A third-party construction accident claim can be brought in addition to a workers’ compensation claim. This means that you can recover a far greater amount of money, including for your non-economic losses, by pursuing both a workers’ comp and a third-party claim.
If you have been hurt in a construction accident, you deserve to be fairly compensated for your losses. Our law firm will work to get you top dollar for your construction accident through the workers’ compensation system and, when appropriate, a third-party personal injury lawsuit.
Hurt in a Construction Accident? Reach Out Today.
The construction industry is unfortunately known for serious, life-changing injuries. If you have been hurt on a construction job site, you might have options beyond filing a workers’ compensation claim. You might be able to seek additional money for your losses through a third-party construction accident lawsuit.
At the Appel Law Firm LLP, we represent injury victims throughout Northern California in both workers’ compensation and personal injury cases. We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. Our experienced Walnut Creek construction accident lawyers will fight to get you the money that you deserve for your injuries. To learn more or to schedule a free initial consultation with a California personal injury attorney, give us a call at 925-938-2000 or fill out our online contact form.
