When you get hurt in a construction accident while working, you should be protected under your employer’s workers compensation insurance. Usually, you’ll be required to file a claim through workers comp if you hope to obtain any coverage for your medical expenses or lost wages. There are circumstances, however, where you may be eligible to sue for a construction accident instead.
If you’re looking to sue for injuries you’ve suffered as a result of a construction accident, a San Diego construction accident lawyer from The Kindley Firm, APC can help you through the legal process. We’ll investigate your accident, assess your options, and negotiate on your behalf so that your claim is maximized and all liable parties are held accountable.
When You’re Allowed to Sue Your Employer
There are specific situations in which you’ll be able to sue your employer instead of filing a claim for workers compensation. You’ll need to be able to prove that your employer’s negligence was deliberate if you hope to sue them. Some examples of blatant negligence in a construction accident can include physical abuse or forcing employees to work in unsafe conditions.
Third-Party Negligence
You can also file a private lawsuit after a construction accident if you suffered injuries because of third-party negligence.
For example, if you were injured because of a product defect on the construction site such as a nail gun or mechanical saw malfunction, you can sue the product manufacturer for negligence. You can also sue a third-party, such as a machinery manufacturer, if you’re injured by faulty machinery.
Damages You Can Recover in a Construction Accident
When you file a private lawsuit in a construction accident, you’ll be able to obtain compensation for all of the damages you’ve suffered, whereas workers compensation only accounts for your medical expenses and lost wages. Both economic and non-economic damages will be examined by your construction accident lawyer in San Diego.
Economic damages may include medical expenses, lost wages, and property damages. Non-economic damages may include pain and suffering, loss of enjoyment of life, scarring and disfigurement, emotional distress, and loss of consortium.
Reach Out to a San Diego Construction Accident Attorney
When you are injured in a construction accident, obtaining compensation can be a complex process. Your employer may insist that you file a claim through your workers compensation insurance, but if you know that your claim is eligible for a lawsuit, then it’s important to not settle. A lawsuit will help you obtain the rightful compensation you deserve for all of the damages you’ve suffered.
At The Kindley Firm, APC, we strive to help injured workers recover as quickly as possible. When financial stress is eliminated, recovery becomes easier. We’ll do our best to negotiate on your behalf in the courtroom so that, when you walk away from your case, you feel satisfied with the outcome.
If you’re ready to speak with a San Diego construction accident lawyer about your case, fill out the contact form below or call 619-550-1313 to schedule a no-obligation consultation.
