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Construction sites are one of the most common places for people to suffer substantial injuries, whether they are workers, bystanders, or visitors. A person’s role at the site can have a huge impact on potential remedies after one of these accidents, so you should understand the factors that impact recovery after an accident.
California is a workers’ compensation state, so employees injured at the workplace, including construction workers, could get their injury costs mostly covered. Even when workers’ comp covers an injury, a victim may have third-party claims against other people at the site. A Burbank construction accident lawyer could help injured employees understand all of their potential remedies after an accident. Call today to consult one of our experienced personal injury attorneys about your case.
Safety is supposed to be a priority at all construction sites, which is why there are regulations to make these sites safer. While these regulations may not all be laws, they are safety standards for a reason. The reality of worksites is often very different from the theoretical scenario. Workers can feel pressured to complete work on a deadline, leading them to take dangerous shortcuts that put the entire worksite in danger.
Accidental non-compliance with safety standards also puts people in danger. People make mistakes. Most of the time, these mistakes are minor and do not lead to substantial injuries. However, the risk of serious injuries is much higher on a construction site. Workers face the highest risk of serious injuries, but other people on site are also at risk, and so are bystanders. An attorney in Burbank could help a construction worker better understand these risks when discussing accident claims.
Workers’ compensation provides a remedy for people who are injured on the job. In the vast majority of cases, workers’ compensation covers employee injuries on construction sites. There are some qualifying factors, such as the fact that the workers need to be employees, not independent contractors, in order to trigger coverage.
Luckily, the workers’ compensation system usually makes it easier for an injured person to file a claim. While personal injury lawsuits require the injured person to prove negligence by a wrongdoer, workers’ compensation does not. If the employee gets hurt on the job, they will likely receive coverage for their claim. Damages under workers’ comp are usually lower than in personal injury claims. The law caps the payment amounts toward injured workers.
While these claims processes are supposed to be simple for injured employers, insurance companies still try to minimize payouts. They may challenge that a worker’s injury occurred on a construction site, question the severity of the injuries, or suggest that an employee can return to work before it is medically safe to do so. A lawyer in Burbank could help injured construction workers pursue their workers’ comp claims after an accident.
When an employee is injured on a construction site, workers’ comp will generally cover their claims, barring them from suing their employer. In some situations, an employee may be able to bring a personal injury lawsuit demonstrating that the employer was negligent, reckless, or malicious.
When anyone other than an employee is injured on a construction site, they may have a lawsuit. Determining the liable person will require examining several factors. Who was responsible for the accident? Do they work for the construction company, a property owner, or a contractor? Was the incident the result of a faulty product? The answer to each of these questions could help Burbank attorneys determine who may be liable after a construction accident.
Workers may also have third-party claims. If anyone other than a coworker directed by the same employer caused the accident, then a worker may have a lawsuit against them or their employer. Likewise, if a defective product contributed to the injury, the worker may have a defective product claim.
Construction accidents are often very complex. You may have claims against various parties in addition to having multiple types of claims. Understanding all of your potential remedies can help you determine what type of claim to pursue. Schedule a consultation with a Burbank construction accidents lawyer to find out more.
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