I was working at a construction site and was injured, who can I sue?

In California, most injuries that occur on a construction site are covered by the state's worker compensation program. Unfortunately, oftentimes recovery under workers compensation is far from adequate. However, injured workers may have both a workers compensation claim and a separate civil claim for the injury. This "third-party" claim maybe the only way to be fully compensated for your injury. It is critical if you were injured on a work site that you and your lawyer consider all the potential defendants responsible for your injury. Each case is unique and requires a thorough and complete investigation of the underlying facts.

I was working as a subcontractor at a construction site and received an injury. Can I sue the owner and general contractor in a lawsuit?

The owner and general contractor are potential third-party defendants when there is a construction site injury. In general, the property owner has a duty to maintain the premises in a safe condition for the construction workers and the general contractor has a duty to coordinate the subcontractors and oversee the implementation of reasonable safety procedures. The extent of each party's responsibility will vary depending on your case. Determining the rights of an injured worker against potential "third- party" defendants requires a thorough investigation of the undying facts and should be discussed with your attorney as soon as possible.

What if my employer is at fault for causing my injuries?

In California, you are barred from suing your employer for simple "negligence". This means that if you or your employer is 100% at fault, your remedies will be limited to workers’ compensation benefits. However, there is a narrow exception if conduct of the employer is so outrageous as to be considered "intentional"  or reckless. In this instance, they can be sued outside of workers' compensation.

Can a family member bring a wrongful death suit for an accidental death at a work site?

The California wrongful death statute ( Code of Civil Procedure 377.60  ) allows the survivors of the deceased to seek compensation for lost support or services after the death of their loved ones. These survivors include spouses, children, or parents, as well as any other relatives or adoptive siblings that were dependent on the deceased for financial or emotional support. IMPORTANT: There is a time limit for filing wrongful death lawsuits in California; failure to file within this time limit can prohibit potential claimants from ever seeking compensation for their losses, so it is always advisable to discuss the matter as soon as possible with a construction site wrongful death lawyer.

Are all on-the-job injuries covered by workers' compensation in California?

In California, most on-the-job injuries are covered by workers' compensation. Workers' compensation is a form of insurance that provides benefits to employees who are injured or become ill as a result of their job. It is a no-fault system, which means that regardless of who caused the injury or illness, employees are generally entitled to workers' compensation benefits.

Workers' compensation benefits in California generally cover the following:

1. Medical Expenses: Workers' compensation pays for reasonable and necessary medical treatment related to the work injury or illness. This includes doctor visits, hospital stays, surgeries, medications, physical therapy, and other medical services needed for recovery.

2. Temporary Disability Benefits: If the work injury or illness causes the employee to miss work, workers' compensation provides temporary disability benefits. These benefits replace a portion of the injured worker's lost wages during the recovery period.

3. Permanent Disability Benefits: If the injury or illness results in a permanent disability, workers' compensation provides permanent disability benefits. The amount of benefits depends on the severity of the disability and its impact on the employee's ability to work.

4. Vocational Rehabilitation: If the injury or illness prevents the employee from returning to their previous job, workers' compensation may provide vocational rehabilitation services. These services help the employee obtain new job skills or find alternative employment.

5. Death Benefits: If a work-related injury or illness leads to the death of an employee, workers' compensation provides death benefits to the employee's dependents. These benefits include funeral and burial expenses, as well as financial support for the dependents.

While workers' compensation generally covers most on-the-job injuries, there are some exceptions. Certain types of injuries or situations may not be covered by workers' compensation, including:

1. Self-Inflicted Injuries: Injuries that are intentionally self-inflicted are generally not covered by workers' compensation.

2. Injuries Resulting from Intoxication or Drug Use: If an employee's intoxication or drug use caused the injury, workers' compensation benefits may be denied.

3. Injuries Occurring during Illegal Activities: Injuries that occur while an employee is engaged in illegal activities or violations of company policies may not be covered.

4. Injuries Outside the Scope of Employment: Injuries that occur outside of work hours or outside the scope of employment may not be covered. However, there are exceptions for certain work-related activities, such as business trips or company events.

It's important to note that workers' compensation is the exclusive remedy for most on-the-job injuries in California. This means that employees generally cannot sue their employers for additional damages beyond what workers' compensation provides. However, there are exceptions for cases involving intentional acts of harm by the employer or cases where a third party's negligence caused the injury. In such situations, the employee may have grounds for a personal injury lawsuit.

If you have been injured on the job in California, it is crucial to report the injury to your employer as soon as possible and seek medical attention. Notify your employer of the injury in writing, and keep copies of all relevant documentation. It is also advisable to consult with an experienced workers' compensation attorney who can guide you through the process, ensure your rights are protected, and help you receive the benefits you are entitled to under the law.

I was injured on the job, and an investigation showed that my employer violated OSHA regulations. What will this do to support my case?

If an investigation shows that your employer violated Occupational Safety and Health Administration (OSHA) regulations and you were injured on the job, it can significantly support your workers' compensation case. Here's how the employer's violation of OSHA regulations can impact your case:

1. Establishing Employer Negligence: OSHA regulations are designed to ensure a safe and healthy work environment for employees. When an employer violates these regulations, it suggests negligence on their part. By demonstrating that the employer failed to comply with OSHA standards, you can establish their negligence, which can strengthen your claim for workers' compensation benefits.

2. Evidence of Unsafe Work Conditions: OSHA violations indicate that the employer did not provide a safe work environment. This evidence can be crucial in proving that the work conditions directly contributed to your injury. It shows that the employer failed to take necessary measures to prevent accidents and protect employees from harm.

3. Causation of Injury: OSHA violations can help establish a direct link between the employer's actions or lack of action and your injury. It demonstrates that the violation created a hazardous condition or increased the risk of injury. This evidence can be essential in establishing the causation necessary to prove your workers' compensation claim.

4. Compliance with Safety Standards: OSHA regulations set specific safety standards for various industries and workplace activities. When an employer violates these regulations, they may be held accountable for their failure to comply with industry norms and best practices. This strengthens your case by showing that the employer did not meet their legal obligation to provide a safe workplace.

5. Enhanced Damages: In some cases, if the employer's violation of OSHA regulations is deemed willful or egregious, it may open the possibility of pursuing additional damages beyond workers' compensation. These additional damages, often referred to as "serious and willful misconduct" or "penalty damages," can result in higher compensation for your injuries.

It's important to note that the impact of OSHA violations on your case may vary depending on the specific circumstances. Consulting with an experienced workers' compensation attorney is crucial to understand how the OSHA violations in your case can support your claim. They can evaluate the evidence, gather necessary documentation, and present a strong case on your behalf.

Remember to report the OSHA violations to your attorney and provide them with any relevant information or documentation related to the violations. Your attorney can then use this information to build a solid case, negotiate with the employer's insurance company, and advocate for your rights to receive the workers' compensation benefits you deserve.

Should I contact a construction site accident lawyer?

If you or a family member has been injured at a work site or construction site, it is always a good idea to talk to an attorney as soon as possible. First, there are strict time limits for presenting a claim for personal injuries and if an injured person waits too long, they may lose all rights to recover for their injuries. Second, oftentimes who might or might not be responsible for the injury is not easy to determine. An experienced construction site injury lawyer can review witness statements, accident reports, and medical records to help determine the best legal course of action to maximize recovery for the injury. Third, there are a number of California state and federal laws involving injuries at work or construction sites, which may or may not apply depending upon the facts of the accident. At the Phillips Law Offices, the initial consultation is free and without any obligation, we invite you to call us today at 530-265-0186 to discuss any questions you may have.

WHAT THE BIG PRINT GIVETH, THE SMALL PRINT TAKETH AWAY: This content is intended for educational purposes only. Phillips Law Offices is authorized to practice law only in California and the above content is intended for California residents only. This content provides only general information, which may or may not reflect current legal developments and you are advised to directly speak with an attorney who is familiar with all the facts and circumstances of your specific case and relevant laws. Phillips Law Offices expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship and the Phillips Law Offices does not represent you unless you have expressly retained us in writing.