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Construction Accident Lawyer: Safety Violations
There is no doubt that the construction industry has come a long way in making job sites safer over the past four decades. Part of this is due to the federal, state and local regulations that set high safety standards with which employers must comply. These regulations have helped reduce the incidents of death and injury significantly, although construction sites remain one of the most dangerous types of workplaces. Employees and visitors alike are hurt every day on construction sites due to faulty equipment or human error.
Victims who have suffered injuries on a construction site–whether as employees or visitors–have the right to collect compensation for these injuries. Most construction accident injuries involving employees are covered under workers’ compensation policies, but there are cases in which there is also liability for another party and the victim may have the right to file a personal injury claim as well.
Sacramento construction accident injury attorneys at Demas Law Group, P.C., are ready to evaluate your injury case and help you determine if you are entitled to compensation from the employer or another party. Demas Law Group, P.C., attorneys will work hard to ensure that you receive the full amount of compensation to which you are entitled.
Receiving immediate and adequate medical treatment should be your top priority. Other steps we would advise you to take include:
- Reporting the injury to your employer or construction site supervisor
- Documenting the accident by taking pictures, notes, and statements from witnesses.
- If you are an employee, consulting with a workers’ compensation attorney and a personal injury attorney to get help in determining liability and legal options.
- If you were a bystander, consulting with a personal injury attorney.
The commercial and residential construction industry is complex, comprised of a vast array of general contractors, sub-contractors and many other entities. Other potential liable parties include property owners, architects, engineers, designers, construction managers, manufacturers of equipment, suppliers of material and insurance companies.
What are some of the major differences between a workers compensation claim and a personal injury lawsuit?
One of the primary differences concerns who is found at fault for the accident. If your injury was caused solely by your company or a coworker, you will be covered by Workers Compensation, but cannot file a personal injury lawsuit. If another company or one of its employees caused your accident, you can file a personal injury lawsuit against that third-party. You can also claim Workers Compensation.In a Workers Compensation case, if the parties can’t agree on a settlement amount, a Workers Compensation board makes the decision and awards are fairly limited. In a personal injury lawsuit, if the parties can’t agree on a settlement, a jury makes the decision, and juries can be highly unpredictable. That’s why many parties will settle before letting a personal injury lawsuit go to trial.
In a Workers Compensation case, compensation is limited to medical expenses, disability and rehabilitation services. In a personal injury lawsuit, those damages are also considered, as well as other physical and mental injury, such as pain and suffering. Legally, you are entitled to be made whole again. That’s why personal injury awards are often higher than Workers Compensation claims.
Workers Compensation claims and personal injury lawsuits are two separate areas of law, and require experienced attorneys.Before you file a Workers Compensation claim, consider contacting an experienced Workers Compensation attorney. We’d be happy to refer you to an experienced Workers Compensation attorney in the greater Sacramento area. Demas Law Group, P.C., specializes in personal injury law.
If you have been injured on a job site by a third-party, you may be able to file a personal injury lawsuit. Please contact one of our experienced Sacramento construction accident attorneys as soon as possible.
Yes, if you’ve been injured on your employer’s work site by a third party, you may collect Workers Compensation benefits and file a personal injury lawsuit at the same time.
Where can I obtain more information on filing a third party claim for my Sacramento construction accident?
- What can I be compensated for in a construction accident personal injury lawsuit (third party suit)?
- What is my case worth?
- How long do I have to file a personal injury lawsuit after a construction accident?
- How much does it cost to hire one of your Sacramento construction accident attorneys?
- The Occupation Safety and Health Administration keeps up-to-date statistics on workplace injuries. http://www.osha.gov/oshstats/commonstats.html
- The Bureau of Labor Statistics construction industry page. http://www.bls.gov/iag/tgs/iag23.htm
- A Brief History of Workers Compensation. http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1888620/