Despite the recent decrease in the number of deaths, construction accidents remain as the major hazard to construction industry workers, not only in California, but in the whole United States as well.
There are just too many dangers surrounding a construction worker compared to other industries.
Now a construction worker has two choices after being injured in a construction accident.
He can either avail of the worker’s compensation insurance or make a workplace accident insurance claim against the employer.
However, you have to choose one and give up the other.
To understand, here is an overview of California’s Worker’s Compensation Law.
Definition
This refers to the state-mandated insurance coverage that provides you, as an employee, monetary and medical benefits in the event that you sustained an injury while on the job, regardless if your work on or off-site.
This benefit is usually given on a weekly or bi-weekly basis and is a percentage of your current income.
Aside from the monetary payment, this insurance coverage would also provide evidence based medical treatment, which means that it will only cover treatments that are scientifically proven to cure or treat the injury.
No Fault System
Worker’s compensation works in a no-fault system, which means that regardless if their injury was caused by the employee, the employer or a third party, the employee will still be eligible for the benefit.
However, as stated above, this insurance coverage will only cover injuries that are sustained while the employee was on the job.
Right to sue
This will answer the question why the employee cannot sue the employer for his injuries once he taken advantaged of Worker’s Compensation.
Since worker’s compensation is a no fault system, the employer will cover all injuries sustained by employees while he is at work, even if he is not the one at fault.
However, in exchange, the employee will surrender his common law right to sue the employer for the same injuries.
3rd Party Lawsuit
However, only the employer is shielded by Worker’s Compensation from being sued for damages.
If the accident that caused the injuries was caused by a third party such as a supplier or an independent contractor, then he can consider filing a lawsuit against them.
Insurance Companies
The insurance adjuster will be the one determining if you will be approved or not for benefits.
As with other insurance companies, the insurance adjuster may try to discredit your claim by various methods such as showing that your injuries was not sustained on-the-job by connecting it to a previous injury.
To avoid these problems with an insurance adjuster, consult with a Los Angeles Personal Injury Attorney for guidance and help.
The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.
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