Workers’ Compensation vs. Personal Injury Claims After Construction Accidents—What You Need to Know
Construction sites are dangerous places, which is why this industry has some of the highest injury rates in the United States. If you’ve been injured while working on a construction site, you may be wondering about your options for compensation. Depending on the circumstances of your injuries, you could be entitled to workers’ compensation or a settlement from a personal injury claim. Having the right workplace accident law firm by your side can help you explore your options and take the next step. At Pisegna & Zimmerman, our team of workers’ compensation lawyers in California tries to make it as easy as possible for our clients to seek legal advice. We meet our clients over Zoom and handle documents with DocuSign so you can start your claim from the comfort of your home. Call us at 818-888-8888 to get started.
Personal injury claims aren’t always an option after a construction injury. Under state law, employees cannot sue their employers over a work-related injury or illness. If your injury was caused by your employer or a co-worker, a personal injury claim is not a viable option for you. However, there are circumstances in which a personal injury case is your best option, and we’ll explore those further.
Understanding Workers’ Compensation in the Context of Construction Accidents
Workers’ compensation serves as a safety net for employees injured on construction sites, offering a form of insurance that steps in to cover partial income replacement and medical expenses. This system ensures that if you’re hurt while working, you can receive help without having to prove that someone else was at fault for your injury. It can provide financial support for your medical bills, replace a portion of the income you lose if you’re unable to work, and offer benefits if you’re left with a disability. It’s designed to offer quick assistance, eliminating the need for a lengthy legal battle over who was responsible for the accident. The no-fault nature of the system focuses on rehabilitation, rather than figuring out blame.
The Basics of Personal Injury Claims in Construction Accidents
When someone gets hurt on a construction site due to someone else’s carelessness, they might consider filing a personal injury claim. This type of legal action is taken when another party’s negligence is to blame for the accident and your injuries. For instance, if a construction company didn’t follow safety protocols or a machinery manufacturer provided defective equipment, they could be held responsible.
It’s important to note that you can’t simply file a personal injury claim because someone else caused your accident. The responsible party must not be your employer or someone employed by your company. So if a coworker mishandles the forklift and pins you between the forklift and a wall, you cannot sue them. However, if a contractor brought in to fill in an employment gap does the same, you may be able to sue them, as they are not an employee of your company.
Deciding Between Workers’ Compensation and Personal Injury Claims
There are upsides and downsides to both options, but it’s also important to remember that this doesn’t have to be an either/or situation. It’s common for an injured worker to immediately file for workers’ compensation, begin receiving benefits, and then explore their other legal options with the help of a workers’ comp attorney in California. Since workers’ comp claims generally move fairly quickly, you may be able to get some money coming in and seek medical care without the delay that comes with personal injury claims.
If you have a valid personal injury claim that results in compensation, either via a settlement or a court award, that generally pays out far more than workers’ compensation. While workers’ comp is limited to medical expenses and partial income replacement, personal injury claims cover full lost wages, pain and suffering, future medical expenses and lost wages, and other related expenses. When you receive compensation, workers’ comp will generally be repaid out of that settlement. Your workers’ comp attorney will then receive their share of the settlement and you get your share.
Pursuing Workers’ Compensation? Call Pisegna & Zimmerman Workplace Accident Law Firm Now
Not sure what your next step is after a construction accident? The team of workers’ comp lawyers at Pisegna & Zimmerman understands your struggles, and we’re here to help. Let’s talk more about your options over a Zoom call and help you navigate your documents over DocuSign. Set up your consultation now by contacting us online or calling us at 818-377-2200.
William Zimmerman is an experienced Los Angeles work injury attorney at Pisegna & Zimmerman. He offers invaluable advice and assistance when dealing with the often complicated workers’ compensation system. As part of Pisgena & Zimmerman, he and his team are a full-service law firm that is dedicated to obtaining the maximum amount of compensation from all available sources.