Construction Accident Lawyers in Ventura Helping Victims Get Justice
Construction site injury cases can involve employees, contractors, or just passersby. If you’ve been hurt on or near one of these sites, you need a construction accident lawyer in Ventura to advocate for you. Contact dedicated Ventura personal injury attorney Craig Murphy for a free consultation today.
The construction industry is a vital part of the US economy and has served as a major source of employment for countless individuals over the years. But as much as the industry benefits society and helps workers provide for their families, it’s also a very dangerous area to work in or even be around. According to OSHA, approximately one out of every five deaths in the private industry occurs in the construction field.
Even when accidents on construction sites don’t result in fatalities, they can still take a serious toll on both the physical and financial health of the victim. In a best-case scenario, the injured party makes a full recovery. But until their recovery is complete and the individual can return to their normal lives, who will cover their medical expenses? And what about keeping the lights on and the family fed while recovering from the construction injury?
In a perfect world, employers and insurance companies would step in to ensure that victims and their families were taken care of. But all construction accident lawyers in Ventura can tell you that this doesn’t often happen. Much of the time, the company 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 these companies don’t care about the safety and well-being of their workers (although, sadly, many don’t). But injured construction workers cannot always rely on their employers, and non-workers can’t always depend on insurance companies to do what’s right.
That’s where an experienced Ventura construction accident lawyer can be extremely helpful. If you ever find yourself hurt in a construction accident, your employer will hopefully do the right thing. Even if they do, though, you should still contact a law office to discuss your legal options. This is the only way to ensure you receive a fair settlement or court award after being hurt. The fact is that you may be entitled to more money than an employer or insurer are willing to admit. That’s why Murphy & Murphy Law Offices provides free consultations. You shouldn’t have to guess what you’re entitled to — or simply hope that you’re being treated fairly.
Types of Construction Accidents
A construction site can result in any number of accidents. However, there are four common accidents that typically result in worker fatalities. There are fewer statistics available for non-workers injured near these sites, but the “fatal four” can put anyone in danger if they’re in proximity to the area. These four accidents are:
- Falls (this is the most common cause of construction deaths)
- Getting hit by an object
- Being crushed by equipment or material
To help reduce deaths and injuries, industry and government entities (including OSHA, the Occupational Safety and Health Administration) create workplace safety rules. But these rules aren’t perfect, and as we often hear during litigation, they 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 of these accidents, you will have two possible options to pursue: a workers’ compensation claim or a personal injury civil lawsuit. A construction accident attorney in Ventura can help figure out which is appropriate in your situation.
Workers’ Compensation or Personal Injury Claim?
For construction workers injured while working, their first and frequently sole source of relief will 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 this California law (and most other states’ similar laws) is that — even if you were at fault for causing your construction injuries — you will still receive these benefits. Experienced Ventura construction accident attorneys can still be useful, though, particularly in cases where their clients are denied benefits.
In most cases, though, workers’ comp remains advantageous because it allows victims to receive the medical care and income replacement they need while recovering. This happens while avoiding a contentious battle over who caused the accident and who should pay your medical expenses and lost wages. Sounds nice, right? It can be, but there are two situations when it doesn’t always work so smoothly.
First, applying for and getting workers’ comp benefits isn’t always easy. The benefits get paid out by an insurance company that your employer paid premiums to. When you file a claim, it can lead to higher insurance costs for your employer. This means they won’t always cooperate during the claims process and may even try to prevent you from getting benefits or filing a claim at all. Then there’s the workers’ compensation insurance company — who naturally would prefer to deny the claim and pay nothing for injuries at construction sites.
Second, when construction workers are injured because of employer negligence, they typically can’t file a lawsuit. This is a general rule, but it is subject to some exceptions. For example, if your employer didn’t have workers’ comp 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 instances when you may sue, but these are more complex cases. These typically focus on employers being unable to enjoy immunity from liability if they refuse to play by the rules or act 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. For those who don’t work for these companies, it typically comes down to seeking a settlement or going to trial. In either situation, it’s beneficial to have construction accident lawyers on your side. Regardless of your situation, insurers and the company may try to fight back. If you find yourself facing resistance to your workers’ comp or insurance claim — or if you think your injuries may be the result of employer misconduct — it may be in your best interest to consult with a construction accident attorney in Ventura and gain a full understanding of your options.
Contact a Construction Accident Lawyer in Ventura, CA
When you suffer injuries on a construction site, you could have a difficult road ahead of you. This is particularly the case if you suffered serious harm or the death of a loved one occurred. Regardless of your specific situation, though, you may be entitled to damages. Whatever you do, don’t speak with an insurance company prior to meeting with potential lawyers for your case. It only takes one slip of the tongue or accidental admission to derail your case.
At Murphy & Murphy Law Offices, we’re ready to work on your behalf as an advocate. Contact us today at (805) 330-3393 for your free face-to-face consultation and get started on receiving the compensation you deserve.