Construction projects are up in San Diego and contracts for future projects are up 60% from last year according to recent building permit data. With an increase in construction around San Diego County, inevitably the risk of serious or fatal construction accidents will also rise.
If you have been injured in a San Diego construction accident, you may be wondering what steps you should take to obtain fair compensation for your injuries. While most construction workers and laborers are eligible for workers’ compensation benefits under the law, it is important to understand that you may also be eligible to file a civil lawsuit and recover damages for your pain and suffering and other categories of damages. Typically, workers’ compensation benefits are the exclusive remedy for someone injured on the job and as such, would prohibit you from taking legal action against your employer, although there are certain exceptions to this rule. Additionally, you always have the right to pursue money damages from a third party (i.e. someone other than your employer) if they negligently or wrongfully caused your injuries. For example, this could include the manufacturer that supplied defective equipment or another company on the job that created a dangerous condition at a construction site.
Workers’ compensation benefits are oftentimes inadequate to provide full and fair compensation, especially when it comes to recovering from serious construction accidents in San Diego. Pain and suffering damages are not recoverable under the California worker’s compensation statutes and often only pay a percentage of lost wages. For that reason, you should not hesitate to discuss your options with a San Diego or Riverside construction accident attorney from Martinez & Schill LLP as soon as possible. While workers’ compensation benefits will provide you with the bare necessities—including reimbursement for your medical treatment and a percentage of your lost earnings—you would be able to maximize your financial recovery if you could pursue a civil case against a third party. Call our office today at 619-512-5995 to find out if you are eligible.