The construction industry is one of the most dangerous fields of employment. Accidents occur at a high rate on construction sites, and the injuries suffered by workers are often severe. If you were injured at a construction site, an experienced Arcadia construction accident attorney may be able to help you recover the money you need to get back on your feet.
At the Simmrin Law Group, we have helped countless injury victims recover the compensation they need and deserve from those responsible for their damages. Reach out to us today to learn more about how we can help through a free case review with one of our Arcadia personal injury lawyers.
Workers’ Comp Claim or Personal Injury Lawsuit
Your options for pursuing compensation after a construction accident will depend on a variety of factors. In most workplace accidents, you are blocked from filing a personal injury lawsuit against your employer, and your only option for compensation is through a workers’ compensation claim.
While workers’ comp offers a quicker and easier path to compensation than through a lawsuit, it also comes with limitations. For example, you will only be eligible to recover limited economic damages like compensation for lost wages and medical expenses.
On the other hand, a personal injury lawsuit enables you to pursue a wide variety of economic and non-economic damages. Furthermore, the details of your case may allow you to pursue punitive damages as well. An experienced construction accident attorney in Arcadia can help you determine your eligibility for filing a lawsuit.
When Your Employer Is Negligent or Causes Intentional Harm
While workers’ compensation protects employers from lawsuits in most workplace accidents, it does not apply in all cases. While a construction site is an inherently dangerous place, employers are still required to limit unnecessary dangers.
If an employer fails to remove unnecessary hazards, provides you with faulty safety equipment, or neglects to ensure you have proper safety training, you may be able to file a lawsuit against them for any losses you sustain.
Your employer may also open themselves up to a lawsuit if they intentionally cause you harm. For example, you can file a lawsuit against your boss if they intentionally strike you or attack you in any other manner.
When a Third Party causes Your Injuries
Another situation where you may qualify to file a lawsuit rather than a workers’ compensation claim is if your damages were caused by someone other than your employer. Common third-party lawsuits in construction accident cases involve defective power tools that injure the user or a nearby party.
An experienced lawyer can help you determine who was to blame for your injury and file a lawsuit against the responsible party.
For a free legal consultation with a construction accident lawyer serving Arcadia, call (310) 896-2723
Pure Comparative Negligence in California
When assessing fault in a construction accident lawsuit case in Arcadia, the state uses a pure comparative negligence rule. This rule allows anyone injured in a construction accident to file a lawsuit to recover compensation, even if they were partially at fault for causing the accident. As long as you are not 100% to blame, you can pursue compensation for your losses.
However, the amount you are eligible to recover will depend on the percentage of responsibility you hold. For example, if you were 20% to blame for your construction accident, you will only be eligible to collect 80% of the value of the losses you sustained.
In this situation, if your losses are valued at $100,000, the maximum compensation you could recover would be $80,000.
Arcadia Construction Accident Lawyer Near Me (310) 896-2723
A Construction Accident Attorney Serving Arcadia Can Help Ensure That You Meet All Deadlines
Following a construction accident, it is critical that you file all of the necessary paperwork by the filing deadline. The filing deadline for your case will depend on whether you are pursuing a workers’ comp claim or a personal injury lawsuit.
Deadline for Filing a Workers’ Compensation Claim
When pursuing damages through a workers’ compensation claim, you will need to report your injury to your employer within 30 days of your accident. The deadline for filing your claim with your employer’s insurer will be one year from the date of your accident.
Deadline for Filing a Construction Accident Lawsuit
If pursuing compensation through a lawsuit, the California personal injury statute of limitations is two years. If you miss the filing deadline, you could be out of options for recovering damages.
However, whatever path to compensation you are pursuing, you need to realize that an exception may apply to your case, which could allow you to file outside the standard deadline. Because of this, it is critical that you speak with an experienced Arcadia construction accident attorney, even if you believe you are out of options for pursuing compensation.
Alternatively, you could find yourself facing a reduction in the amount of time you have to take action under certain circumstances. Contacting a lawyer as soon as possible after getting injured is the best way to protect yourself against an unforeseen deadline. Once you have filed, your attorney will prepare your case for court while also attempting to negotiate a settlement.
Click to contact our Arcadia Personal Injury Lawyers today
Get Help From an Arcadia Construction Accident Lawyer Today
The best way to maximize your compensation after a construction accident is by working with an experienced attorney. At the Simmrin Law Group, we have a long history of helping our clients recover the money they need.
Contact us today by phone or through our website to schedule a free case evaluation with a member of our legal team.
Call or text (310) 896-2723 or complete a Free Case Evaluation form