I was working at a construction site and was injured, who can I sue?
In California, most injuries that occur on a construction site are covered by the state's worker compensation program. Unfortunately, oftentimes recovery under workers compensation is far from adequate. However, injured workers may have both a workers compensation claim and a separate civil claim for the injury. This "third-party" claim maybe the only way to be fully compensated for your injury. It is critical if you were injured on a work site that you and your lawyer consider all the potential defendants responsible for your injury. Each case is unique and requires a thorough and complete investigation of the underlying facts.
I was working as a subcontractor at a construction site and received an injury. Can I sue the owner and general contractor in a lawsuit?
The owner and general contractor are potential third-party defendants when there is a construction site injury. In general, the property owner has a duty to maintain the premises in a safe condition for the construction workers and the general contractor has a duty to coordinate the subcontractors and oversee the implementation of reasonable safety procedures. The extent of each party's responsibility will vary depending on your case. Determining the rights of an injured worker against potential "third- party" defendants requires a thorough investigation of the undying facts and should be discussed with your attorney as soon as possible.
What if my employer is at fault for causing my injuries?
In California, you are barred from suing your employer for simple "negligence". This means that if you or your employer is 100% at fault, your remedies will be limited to workers’ compensation benefits. However, there is a narrow exception if conduct of the employer is so outrageous as to be considered "intentional" or reckless. In this instance, they can be sued outside of workers' compensation.
Can a family member bring a wrongful death suit for an accidental death at a work site?
The California wrongful death statute ( Code of Civil Procedure 377.60 ) allows the survivors of the deceased to seek compensation for lost support or services after the death of their loved ones. These survivors include spouses, children, or parents, as well as any other relatives or adoptive siblings that were dependent on the deceased for financial or emotional support. IMPORTANT: There is a time limit for filing wrongful death lawsuits in California; failure to file within this time limit can prohibit potential claimants from ever seeking compensation for their losses, so it is always advisable to discuss the matter as soon as possible with a construction site wrongful death lawyer.
Should I contact a construction site accident lawyer?
If you or a family member has been injured at a work site or construction site, it is always a good idea to talk to an attorney as soon as possible. First, there are strict time limits for presenting a claim for personal injuries and if an injured person waits too long, they may lose all rights to recover for their injuries. Second, oftentimes who might or might not be responsible for the injury is not easy to determine. An experienced construction site injury lawyer can review witness statements, accident reports, and medical records to help determine the best legal course of action to maximize recovery for the injury. Third, there are a number of California state and federal laws involving injuries at work or construction sites, which may or may not apply depending upon the facts of the accident. At the Phillips Law Offices, the initial consultation is free and without any obligation, we invite you to call us today at 530-265-0186 to discuss any questions you may have.