How to File a Construction Accident Claim in California

by Mona Deldar on Dec. 05, 2019

Accident & Injury 

Summary: Construction work is a hazardous occupation, making site accidents a frequent occurrence. It is a highly regulated industry that has safety training requirements, regulations, and other procedures designed to prevent injuries to construction workers. No matter how many rules OSHA puts into place, a construction site is unpredictable.

How to File a Construction Accident Claim in California

Construction work is a hazardous occupation, making site accidents a frequent occurrence. It is a highly regulated industry that has safety training requirements, regulations, and other procedures designed to prevent injuries to construction workers. No matter how many rules OSHA puts into place, a construction site is unpredictable. Construction accident lawyers in Los Angeles, CA have seen exposure to dangerous chemicals, falling hazards, and electrocutions occur throughout the city. Workers who sustain construction accident injuries are eligible for workers’ compensation benefits by filing a claim with the company’s insurer. Here are a few legal considerations regarding your claim:

Filing a Construction Injury Claim in California

The first and most sensible action to take following a construction accident injury is to seek medical attention. Even if your injuries seem minor, waiting to visit a doctor may affect your chances to receive maximum compensation.

After treatment, contact your employer or private insurer to report the injury in writing. Save a copy for your records. Finally, you may want to contact a construction site accident attorney in Los Angeles, CA, at this point. He or she can oversee your claim to ensure you are receiving the most benefits possible.

Construction injuries are subject to California workers’ compensation laws. Your attorney may also advise you to file a personal injury lawsuit for individuals or entities responsible for your injuries. They are two different claims, but both can work in tandem for the best possible result.

Making a Workers’ Comp Claim for a Construction Accident

Most accidents that occur while on the job qualify for workers’ compensation benefits. California operates under a no-fault system. Therefore, it does not matter who was responsible for causing the accident and subsequent injuries.

You only need to prove two things to file a claim:

  1. You were injured, and
  2. The injury occurred at work

Contract construction workers must provide their own workers’ compensation insurance. Private employers must offer it to every person they employ. Workers’ comp benefits typically pay for:

  • Current and future medical expenses
  • Lost wages, and
  • Partial or total disability

Workers’ compensation benefits are not as comprehensive as you may think. The insurer limits your coverage to medically necessary treatments only. If someone else was responsible for your injuries, you might be able to receive additional compensation by filing a personal injury lawsuit.

Workers' Compensation vs. Personal Injury

As previously discussed, your workers’ comp claim limits the types of benefits you can receive. However, if you did not negligently cause your injuries, you have the option of filing a personal injury lawsuit. You may also be forfeiting your workers’ compensation benefits by filing a complaint in court.

The main advantage of filing a personal injury lawsuit is that higher award amounts may be available. Plus, additional types of compensation for things like pain, suffering, and mental anguish can be included in your complaint.

Hire a Construction Accident Attorney in Los Angeles, CA

Understanding which type of claim you should file regarding a construction accident in California is imperative to your receiving the most reasonable compensation possible.

At Deldar Legal, our team of construction accident lawyers in Los Angeles CA work tirelessly to make sure injured construction workers receive the compensation they deserve. You can schedule a free consultation in one of our offices conveniently located throughout the state of California by calling (844) 335-3271 or sending us a message through our request.

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