How Many Parties Could Be Involved With A Construction Accident Claim In California?
Answer
Most of the time, if you suffer a work-related injury in California, workers’ compensation covers that injury. However, when there’s a third party – other than the worker and employer – that may be responsible for the injury, the situation can become more complicated. Indeed, there are sometimes multiple third parties involved, and this is often the case with construction accidents.
Construction Sites Are Often Complex, Sprawling And Unsafe
Obviously, construction sites aren’t all the same. They vary largely with the scope of the project. If it’s a residential job, then you will typically have fewer subcontractors on the job. But when you have a commercial construction project, the construction site can be like a small city. You’ll have lots of different subcontractors reporting to the general contractor.
This can easily lead to the introduction of work-related hazards by someone other than your employer or co-workers. This is especially true if the general contractor doesn’t have a superintendent that is hands-on in terms of strict safety compliance. Then, once the standards start to slip, you can see all kinds of accidents crop up.
I’ve worked with sites where people fell off roofs because they weren’t wearing harnesses. It wasn’t that they chose not to wear them; they just weren’t issued any. The general contractor hadn’t brought enough harnesses for everyone. There weren’t enough to go around, and the result was that workers fell and suffered serious injuries.
In situations like these, the injured workers may deserve more than workers’ compensation. They commonly file third-party claims against:
- General contractors
- Other subcontractors
- Manufacturers
- Maintenance teams
- Architects
- Property owners
Workers can pursue compensation from anyone who may have negligently contributed to their injuries. Often, more than one of these parties will have contributed to the injury, and the injured worker may have a workers’ compensation claim as well as several third-party, personal injury claims.
Securing The Appropriate Compensation Requires A Team Effort
Workers’ compensation can be complex and confusing by itself, but once claims against other parties get involved, injured workers will really want to be sure that they have skilled, competent teams working for them.
The workers’ compensation attorney will frequently run point on construction accident claims. This is because workers’ comp is a no-fault system, and workers often take their medical expenses and information to the workers’ comp system first. However, once you and your lawyer introduce other claims, you will find that fault matters a great deal. You will need to show:
- That the other parties were at fault and that their negligence contributed directly to your injuries
- How much your employer might have contributed to your injuries
The reason you need to address your employer’s fault is that the insurance company that pays for the workers’ compensation will see the personal injury claims. The insurance company will believe that those claims cover the injury and that it deserves to be repaid for the money it put forward. So, you need an attorney who can educate the workers’ comp insurance company to explain what it owes and what it can expect to recover.
Altogether, when you have an injury that involves multiple claims like this, you’ll often have a workers’ comp attorney and one or more personal injury lawyers. They’ll work together to get the information about the accident, collect evidence from the worksite, gather your medical records and start building your case. However, you also want them to work together to figure out how they can shape your claim in the way that works best for you. Should they emphasize the third-party personal injury claims? Should they emphasize the workers’ compensation?
It Shouldn’t Be The Worker’s Job To Navigate The Legal Complexities Of A Case
If you suffered a serious injury on the job, you want to be able to focus on your physical recovery. You likely have your hands full with doctor appointments, tests, treatment and physical therapy. You also have your responsibilities at home, and you may face challenges adjusting to the new ways you need to get things done.
Accordingly, you want to be able to trust your attorney or attorneys to deal with the complexities of your legal case. You want them to explore the evidence, locate the parties responsible for your injury and file the appropriate claims. You want them to look at the relative strengths of the different arguments to figure out the best way for you to pursue your claims.
For example, you might start with a workers’ compensation claim, but your workers’ comp lawyer might decide it’s in your best interests to focus on other claims. I had one client who filed a claim for a leg injury, but, as I was putting together the workers’ comp claim, we learned that there were three different outside parties at fault. The work we did with the workers’ comp claim eventually led to personal injury claims that, in total, dwarfed the amount that the client would have received from workers’ comp.
In the end, getting the appropriate compensation is kind of like building a road. You can just set down some stones, but then you’ll end up with a road that cracks and heaves, leaving you with bumps and craters. Or, you can do the work for a sophisticated road. You can work with someone who will develop a comprehensive plan, go through all the steps and help you pave a smooth path forward.
The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.
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