Los Angeles Construction Accidents
The Los Angeles construction industry is booming. From towers and skyscrapers going up on every other block in downtown LA to huge residential projects across Hollywood to a $2.5 billion, 80,000-seat stadium in Inglewood, the construction industry is keeping workers busy across the Southland. But with that breakneck level of construction comes the danger of construction accidents as contractors and employers push workers to meet deadlines while trying to meet budgets.
When a worker is injured on the job in a construction accident, he or she can file a claim against the employer in a workers’ compensation claim, and may in certain circumstances be able to file a civil claim. Many construction accidents are caused by an employer’s failure to follow safety protocols in an attempt to cut corners and save the employer time and money. Common causes of construction accidents include:
- Failure to follow federal and state safety laws and guidelines
- Failure to provide workers with proper safety equipment
- Extended working hours, leading to worker fatigue and oversight
- Lack of proper training
- Lack of employer safety planning
While many construction accidents are the result of the fault of an employer, a worker may generally recover in a workers’ compensation claim regardless of who was at fault.
What Recovery am I Entitled to in a Construction Accident Claim?
A worker filing a workers’ compensation claim in California is entitled to have his or her medical care costs covered by the employer, as well as to receive temporary or permanent disability benefits for time spent away from work. A deceased worker’s family may also receive death benefits in a workers’ compensation claim.
In a civil claim related to a construction accident, a worker may receive similar benefits as in workers’ compensation claim, but the injured worker may also recover for additional damages, including the lifetime pain and suffering endured by the worker in connection with the injuries, and other damages such as loss of consortium and even punitive damages in certain circumstances. Thus, the recovery in a civil claim could be much higher than in a workers’ compensation claim.
Should I Bring a Workers’ Compensation or Civil Claim?
In many cases, a worker is limited to bringing a workers’ compensation claim and may not bring a civil claim. This will depend on the nature of the accident and the identity of the defendant. When a worker wants to recover from his or her employer for an accident where there was simple negligence or no fault, workers’ compensation is often the only avenue for compensation. Where the accident was the result of recklessness, an intentional act, or was caused by a third party – for example where a defective piece of machinery caused the injury – a civil action may be possible. Work with an attorney to determine whether a workers’ compensation claim or civil claim is right for your construction accident matter.
Work with the Law Office of Tal Rubin, PC to Bring Your Southern California Construction Accident Claim
Attorney Tal Rubin has handled thousands of personal injury cases, including construction accidents involving the most catastrophic injuries, in Los Angeles and throughout southern California. Call the Law Office of Tal Rubin, PC at 818-986-9030 for a free consultation on your potential claims.