If you’ve been injured while working on a construction site, you’ve likely suffered critical injuries that will render you unable to work for an extended period of time. Your recuperation could be made more difficult if you have a family to support and are unsure of how you’ll continue to provide for them while you focus on your recovery.
Thankfully, California law requires employers to carry workers compensation coverage on their insurance policies in the event of a serious injury while on the job. However, sometimes workers comp simply doesn’t cover all of the damages you incur as a result of your injuries.
When this is the case, as it was for a client of ours who was critically injured when a scaffolding platform he was working on collapsed, you might have the option of filing a personal injury claim against the party liable for the cause of the accident.
Further emphasizing this point, a recent accident occurred at Petco Park that left three workers with serious injuries. This accident also involved scaffolding that collapsed, and it occurred just down the street from where our client was injured previously.
Obtaining Workers Comp
Being injured while at work entitles you to workers compensation benefits. To be eligible for workers comp, you must have been performing the duties of your position and been actively employed with your employer at the time of your injury.
These benefits will cover the costs of all medical expenses you accrue as a result of your injury, as well as a portion of your pre-injury income while you are unable to work. This amount is generally set at approximately two-thirds of your weekly income and can be collected until you are cleared to return to work.
Unfortunately, workers compensation benefits usually will not be enough to cover the full extent of your losses. When this occurs, seeking indemnity through a personal injury claim becomes a viable option.
Pursuing a Personal Injury Claim
Since workers comp benefits only apply to a portion of your damages, filing a lawsuit against the person or persons at fault for causing your injuries could be your best opportunity to recover your losses.
If we are able to successfully establish liability, we can obtain compensation for the full impact of your injuries, which often includes pain and suffering, loss of enjoyment of life, the other one-third of your lost income, damage done to your future earnings, emotional distress, and in some cases, punitive damages.
We were able to successfully fight for our construction worker client who was injured in a catastrophic scaffolding accident and win him an award of $6.5 million. You don’t have to accept the minimum in workers compensation when you are injured due to the negligence of someone else.
Consult with a San Diego Construction Injury Lawyer
For more information about obtaining workers compensation benefits or seeking retribution in a personal injury claim, reach out to an experienced San Diego construction injury lawyer with The Kindley Firm, APC. You can contact us via telephone at 619-550-1313 or by filling out the convenient contact form we’ve included below to schedule your free claim evaluation today.
