If you have recently been injured on the job, you may be worried about your medical expenses and recovering lost wages. Here are some important things to know about recovering construction accident compensation and possible issues you might face.
Recovering Construction Accident Compensation | California Workers’ Comp Laws
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.
Recovering Construction Accident Compensation | Issues with Recovering Damages
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.
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.
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