California Workers’ Compensation Laws
If you have been injured on a job site in California, then you may be worried about not being able to recover lost wages and medical expenses. Thankfully, California workers’ compensation laws exist to protect the rights of injured laborers. Contact our Ventura construction accident lawyer to schedule a free consultation and find out how we can help you recover full compensation.
California Workers’ Compensation Laws | California Workers’ Comp Act
If you get hurt in a construction accident, your first and sole source of relief will most likely be through California’s Workers’ Compensation Act. This law requires certain employers to pay for the medical bills and lost wages of an employee who is injured on the job. What’s nice about California’s Workers’ Compensation Act (and most states’ workers’ compensation laws) is that even if you were at fault for causing your construction injuries, you will still receive these benefits, and an experienced Ventura construction accident lawyer can help.
This is advantageous because it should allow you to receive the necessary medical care and income replacement while you recover. All while avoiding a contentious battle over whose fault it was in causing the accident and who should pay your medical bills and lost wages. Sounds nice, right? It can be, but there are two situations when it doesn’t always work so smoothly.
California Workers’ Compensation Laws | Denied Claims
First, applying and getting workers’ compensation benefits isn’t always easy. The benefits get paid out by an insurance company that your employer paid insurance premiums to. When you file a workers’ compensation claim, it can lead to higher workers’ compensation insurance costs for your employer. This means your employer won’t always cooperate during the claims process and may even try to prevent you from getting any benefits or filing a claim. Then there’s the workers’ compensation insurance company who naturally would prefer to deny the claim and not pay out anything.
California Workers’ Compensation Laws | Personal Injury Lawsuits
Second, if your injuries were the result of your employer’s fault, you can’t sue them in a personal injury civil lawsuit. This is a general rule and subject to some exceptions. For example, if your employer didn’t have workers’ compensation insurance, you can still sue them in civil court. Another exception exists when your employer tries to cover up your workplace injury. There are some other exceptions, but they largely revolve around the idea that your employer shouldn’t enjoy immunity from liability through the workers’ compensation legal framework if it refuses to play by the rules or acts in a deceitful or malicious manner.
If you have been injured on a job site, please contact our experienced Ventura construction accident lawyer today. We will help you get the compensation you deserve while you recover from your injuries.