Bakersfield Construction
Accident Lawyer

It depends on the reason for the denial and the source of liability.

Some of the reasons that worker’s comp would deny a claim after a worker has suffered a construction accident in Bakersfield include:

• The worker did not seek medical treatment. To obtain benefits, you must have an injury that needs treatment and results in missed time from work. Because personal injury claims also must be proven by medical documentation of the injury, this would likely preclude you from being eligible for compensation through a lawsuit as well.
• Waiting too long to report the injury. Generally, with acute injuries (as opposed to repetitive motion or long-term occupational exposure to toxins), you have 30 days after the injury to file the claim. If your employer had worker’s compensation insurance available, you cannot seek compensation from them through the personal injury claims process. However, if third-party liability exists, you can seek compensation from that liable party through a lawsuit.
• The employer disputes the claim. Employers can despite worker’s compensation claims for several reasons, including your employer not believing that your injury occurred at work, or the belief that you intentionally caused your injuries or were impaired by drugs or alcohol at the time the injury occurred. If you were the cause of your injury and there were no other liable parties, you will not be eligible to file a personal injury claim.

An experienced construction accident lawyer can help you determine if other sources of liability with insurance resources can provide compensation. The Bakersfield construction accident lawyers from The May Firm are happy to provide a free case evaluation and explore your options with you.

In some cases, yes. If the carelessness or recklessness of a third party was at least a partial factor in the accident that caused your injury and you are already obtaining worker’s compensation benefits from your employer, you can seek additional compensation from the at-fault party’s insurance policy. An example in which this situation can arise involves transportation accidents in work zones. If a distracted driver hurts a worker, worker’s compensation will likely provide benefits as the accident occurred on the job. However, you can still file a claim against the at-fault driver as well.

Yes, but before we explain why, it should be emphasized once more: Unless a third party is, at least in part, responsible for the accident that caused your injuries, you were injured while passing by a construction site, or your employer failed to provide worker’s compensation insurance despite being legally required to do so, you cannot file a personal injury claim.

However, if any of these conditions exist, a personal injury lawsuit allows you to pursue non-economic damages for your injury.

Damages refers to the compensation you receive as payment for harm.

Economic damages involve compensation for the expenses of your injury.

The economic damages you can seek in a personal injury claim are similar to those obtained through worker’s compensation benefits, including:

• Medical expenses
• Wage loss
• Loss of future earning capacity resulting from permanent disabilities

Non-economic damages refer to compensation you receive for the psychological impacts of your injury such as:

• Pain and suffering
• Emotional distress
• Loss of the enjoyment of life
• Loss of consortium, which is compensation received on behalf of your spouse for the loss of physical intimacy and companionship that often accompanies serious injuries

Non-economic damages are available through personal injury claims, but they are not available through worker’s compensation claims.

Additionally, in some personal injury cases, you may seek punitive damages, which are not available through worker’s compensation claims. Punitive damages involve compensation awarded to you, not because of the expenses of your injury, but to punish the defendant for the extreme recklessness or intentional act that caused your injury.

Obtain a free case evaluation from our experienced construction accident lawyers. This conversation will cost you nothing, but you may speak directly with an attorney who can help you determine if third-party liability exists in your case. If there is, then the attorney can the legal process of seeking compensation and the services they can provide to assist you.

One important thing to be aware of is that personal injury attorneys such as The May Firm use a contingent-fee billing method. You do not have to pay for the services of your attorney unless they bring a positive outcome to your claim. With only two years after the accident to file a personal injury claim, the contingent fee allows us to begin working on your case immediately while allowing you access to legal counsel, regardless of your financial status.

Generally speaking and without considering other details of your case, you could sue your employer if they do not have worker’s compensation insurance. In California, all construction companies are legally required to carry worker’s compensation insurance, either provided by an insurance company or self-insurance. Failing to do so makes the employer liable not only for your injuries but also for additional penalties imposed by the state for not carrying the insurance.

A third-party construction accident involves accidents that were caused at least in part by someone who is not your employer or coworker.

Some examples of third parties that can cause construction accidents include:

• The drivers of motor vehicles causing accidents in work zones.
• The engineer or architect of the structure where the construction was taking place.
• General contractors or subcontractors also working on the site.
• The owner of the property where the accident occurred.
• Equipment suppliers and product manufacturers who made and distributed a defective product.

One disadvantage of a personal injury claim compared to worker’s compensation is that you must prove negligence in the firmer, while you generally do not have to do so with the latter.

To prove negligence, you must have evidence and witness testimony that reveals:

• The at-fault party owed you a duty of care. The duty of care refers to the actions a reasonable person would take in similar circumstances to protect the health and safety of others.
• There was a breach in the duty of care, meaning the at-fault party took actions that were contrary to protecting the health and safety of others.
• This breach resulted in the injury that caused you to incur expenses and impacts.

Worker’s compensation is no-fault insurance, meaning that, often, you do not have to show who caused the injury to obtain benefits. The other advantage of worker’s compensation is that the timeline for receiving your compensation is generally a lot shorter.

Worker’s compensation provides $10,000 for funeral and burial expenses.

In addition, a death benefit depends on the number of dependent minors in your household.

• For one dependent, the death benefit is $250,000
• For two dependents, the benefit is $290,000
• For three or more dependents, the benefit is $320,000
• For one total and one or more partial dependents, the benefit is $250,000 plus four times the annual support for the partial dependent, not to exceed $290,000
• For one or more partial dependents, the benefit is eight times the annual support for the partial dependents.

A lien is a legal right that one party has against the property of another. In California, if you seek worker’s compensation benefits for your construction accident injury and also file a lawsuit for third-party liability seeking compensation for medical expenses or wage loss, the worker’s compensation insurer can place a lien against the lawsuit to recoup a portion of the benefits the insurer paid to you. Insurers are legally only allowed to recover up to two-thirds of the benefits they paid to you, as the law requires them to also share in the cost of the recovery.

Generally, the compensation you receive either through worker’s compensation benefits or a personal injury lawsuit is not income, as it pays for an injury. Because they are not income, they are not taxed. The IRS makes an exception when it comes to punitive damages. Because punitive damages are a financial consequence for the defendant rather than compensation for the expense of the injury, they are income and taxable.

Your claim may never see the inside of a courtroom, as most construction accident cases resolve before the trial date arrives, many by settlement agreements. However, because your case could go to court, hire an attorney who is as comfortable pursuing compensation on your behalf as they are with negotiating a settlement.

A lawyer can pursue the maximum compensation available for the injuries you sustained. During your initial case evaluation, your attorney will explore your legal options with you and help you determine if there is potential for a third-party personal injury claim.

If so, your attorney may also:

• Establish a value to your claim based on the expenses you already incurred because of your injury and those you will likely incur.
• File your claim in court within the two-year statute of limitations for personal injury claims in California.
• Negotiate with the at-fault party’s insurance provider in an attempt to obtain fair compensation for your injuries.
• Gather evidence and witness testimony to prove your claim in court.
• Evaluate settlements so that you can make an informed decision on whether to reject or accept them,
• Litigate your case in court by delivering opening and closing arguments, presenting evidence, and examining witnesses.
• Collect your settlement or award.

Let the Bakersfield construction accident attorneys from The May Firm help you understand the options for obtaining compensation for your construction accident injury. For your free case evaluation, contact us online or by calling (661) 244-9712.