Ventura Construction Accident Lawyer
If you are a construction worker hurt on the job, you could be facing serious, life-changing injuries. Unfortunately, you can’t always rely on your employer to help. Contact experienced Ventura construction accident lawyer Craig Murphy for a free confidential consultation. Let his experience work for you.
The construction industry is a vital part of the US economy and serves as a major source of employment for numerous individuals. But as much as the construction industry benefits society and helps workers provide for their families, it’s also a very dangerous area to work in. According to OSHA, approximately one out of every five deaths in private industry occurs in construction.
Even if the construction accident doesn’t result in a fatality, it can still take a serious toll on both the physical and financial health of the worker. In a best-case scenario, the worker makes a full recovery. But until the recovery takes place and the individual returns to work, who will pay for the worker’s medical bills? And what about keeping the lights on and the family fed while the construction worker recuperates?
It would be nice if the employer would step in to help the victim of a construction accident to ensure that the worker and the worker’s family are taken care of. But that doesn’t always happen. Much of the time, the employer is only thinking about protecting itself from liability and making sure the construction project still gets done on time. This isn’t to say that construction companies don’t care about the safety and well-being of their workers (although sadly, many don’t care). But injured construction workers cannot always rely on their employers to take care of them if they are injured.
That’s where an experienced Ventura construction accident lawyer can be extremely helpful. If you ever find yourself hurt in a construction accident, hopefully your employer will do the right thing. But even if they do, you should consult with an attorney to discuss your legal options ensure you receive all of the compensation you are entitled to under the law. You don’t know what you don’t know, and what may seem like fair treatment from your employer or an insurance company may actually be them trying to deprive you of your legally protected benefits.
Types of Construction Accidents
A construction site can result in any number of accidents. However, there are four common accidents that typically result in a worker fatality. These “fatal four” include:
- Falls (this is the most common cause of construction deaths).
- Getting hit by an object.
- Electrocution.
- Being crushed by equipment or material
To help reduce deaths and injuries, industry and government entities, such as OSHA (Occupational Safety and Health Administration) create workplace safety rules. But these rules aren’t perfect and are often ignored. As a result, construction accidents occur far more often than they should.
If you find yourself hurt in a construction accident, you may be wondering what sort of legal and financial remedies are available to you. For most construction accidents, you will have two possible options to pursue: a workers’ compensation claim or a personal injury civil lawsuit.
Workers’ Compensation
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.
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.
The above is just a sample of potential hurdles you could face when trying to obtain compensation for injuries sustained on the job. There are so many rules and procedures you need to be aware of, as well as an insurance company or even your employer who is trying to derail your workers’ compensation or personal injury claim. If you find yourself facing resistance to your workers’ compensation claim or think your injuries may be the result of your employer’s misconduct, it may be in your best interests to consult with a Ventura construction accident lawyer and gain a full understanding of your legal options.
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