Had a Construction Site Injury in Anaheim? Know Your Rights and Options
Construction workers face many risks while on the job. From heavy machinery, harmful chemicals, to working at heights, the dangers of a construction site are real and can lead to serious injuries. If you are a construction worker who has been injured on the job in Anaheim, it is important to know your rights and options.
In California, construction site injuries fall under a hybrid of workers’ compensation and personal injury law. This means that if you are injured on the job, you may be entitled to compensation through both workers’ compensation and a personal injury claim. However, the circumstances surrounding your injury will determine which type of compensation you are eligible for.
What is a Workers’ Compensation Claim?
It is a common misconception among construction workers that they can sue their employers directly if they suffer injuries on the job. However, this is not the case. Rather than filing a lawsuit against their employers, injured workers must file a workers’ compensation claim to seek compensation. The workers’ compensation system offers benefits that cover medical expenses related to the injury, and workers receive a portion of their weekly wages to help them cope with the financial strain while they recover. It is important to note that every injured worker has the right to file a workers’ compensation claim.
The process of filing a workers’ compensation claim can be complicated, and injured workers can greatly benefit from the guidance of an experienced construction accident attorney. A skilled attorney can help ensure that the injured worker receives the full benefits that they are entitled to. The construction accident attorney can also help the worker navigate through any legal complexities that may arise during the claims process specific to Anaheim, California.
It is essential for workers to understand that filing a workers’ compensation claim is their legal right. This is a safety net that helps protect employees in the event of an injury. Even if the employer is not directly responsible for the injury, the worker is still entitled to workers’ compensation benefits. This means that regardless of fault, the injured worker can receive medical care, wage replacement, and other benefits.
While filing a workers’ compensation claim may seem daunting, it is important to remember that injured workers do not have to go through the process alone. An experienced attorney can provide legal guidance and support throughout the entire process. The attorney can help the worker file the claim and ensure that all necessary documentation is in order. They can also help the worker appeal any denied claims.
Can I Sue Anyone Else if I am Injured?
However, if someone other than your employer is responsible for your injury, you may be able to file a personal injury claim. For example, if you were injured by a defective piece of machinery or equipment, you may be able to file a claim against the equipment manufacturer.
It is important to note that if you file a workers’ compensation claim, you may be unable to file a personal injury claim against your employer. However, if your employer’s actions were intentional or involved gross negligence, you may be able to file a personal injury claim in addition to your workers’ compensation claim.
What Should You Do If Injured in a Construction Accident in Anaheim?
If you have been injured at a construction site in Anaheim, there are several steps you should take to protect your rights and ensure you receive proper medical attention and compensation for your injuries. Here are the steps you should take:
- Seek medical attention: Your health and safety should be your top priority. If you have been injured, seek medical attention as soon as possible. Even if you don’t think your injuries are severe, getting checked out by a medical professional is essential.
- Report the incident: Report the incident to your supervisor or employer as soon as possible. California law requires employers to report any serious workplace injury or illness to the Division of Occupational Safety and Health (Cal/OSHA) within eight hours.
- File a workers’ compensation claim: You can file a workers’ compensation claim for your injuries. This claim can provide benefits to cover your medical expenses and lost wages while you recover.
- Contact a construction accident attorney: Injured workers greatly benefit from an experienced attorney guiding them through the workers’ compensation process. An attorney can help ensure you receive the benefits and compensation you are entitled to under the law.
- Keep detailed records: Keep track of all medical treatment and expenses related to your injury. This information will be vital if you need to file a workers’ compensation claim or pursue legal action.
By taking these steps, you can protect your rights and ensure you receive the proper medical attention and compensation for your injuries.
Why You Need JSM Injury Firm for Your Construction Site Injury Case in Anaheim
JSM Injury Firm has a lawyer with years of experience dealing with construction accident cases and workers’ compensation claims. He can help you in many ways after a construction site accident in Anaheim:
- Investigating the accident: A personal injury lawyer can investigate the accident and gather evidence to determine who was at fault for the accident. They can interview witnesses, gather photos and videos of the scene, and review medical records.
- Identifying responsible parties: In some cases, multiple parties may be responsible for a construction site accident, including contractors, subcontractors, equipment manufacturers, and property owners. A personal injury lawyer can identify all parties that may be held responsible for your injuries and pursue compensation from them.
- Evaluating damages: A personal injury lawyer can help you determine the full extent of your damages, including medical expenses, lost wages, pain and suffering, and future medical needs. They can work with medical experts to evaluate the long-term effects of your injuries and the associated costs.
- Negotiating with insurance companies: Insurance companies will often try to minimize the amount they pay out for a claim. A personal injury lawyer can negotiate with insurance companies on your behalf to ensure that you receive fair compensation for your injuries.
- Filing a lawsuit: If necessary, a personal injury lawyer can file a lawsuit on your behalf and represent you in court. They can argue your case and fight for the compensation you deserve.
Employers have a responsibility to provide a safe work environment for their employees. This includes providing proper safety equipment, training employees on safety procedures, and maintaining equipment and machinery. When it comes to construction site injuries, prevention is key.
If you have been injured on a construction site in Anaheim, knowing your rights and options is important. Whether you are eligible for workers’ compensation benefits, a personal injury claim, or both, seeking the advice of an experienced attorney can help ensure that you receive the compensation you deserve. Remember, prevention is key, and taking steps to prevent workplace injuries can help keep you and your fellow workers safe. If you want to learn more about workers’ compensation or if you have recently been through a construction site accident, call (949) 404-4826. You may also contact us through our website.