Rancho Mirage Construction Accident Workers’ Compensation Attorney
The construction industry is one of the most dangerous for California workers. Employers are required to offer workers’ compensation coverage to protect their employees and provide compensation for damages in the case of an accident. Navigating a workers’ compensation claim can be a lot to take on, especially if you are recovering from serious injuries. A Rancho Mirage construction accident workers’ compensation lawyer can help you secure fair compensation.
English Lloyd & Armenta has been helping California workers recover damages for their losses after serious accidents for over 35 years. Our attorneys understand California’s construction accident laws and know how to navigate the claims process to secure fair settlements and recoveries.
Construction Accident Cases in California
Employees in any industry can be injured on the job, but certain classes of workers tend to face more risk than others. Construction is consistently ranked as one of the most dangerous industries in California. There were 27,000 non-fatal injuries recorded in California’s construction industry in a single year. That year, the construction industry also had a high number of fatalities at 81 work-related deaths.
Under California’s workers’ compensation laws, all employers in the state must carry workers’ compensation insurance, which kicks in when an employee is injured or falls ill at work. Workers’ compensation claims typically cover economic losses related to medical treatment and incapacitation for employees, including:
- Death benefits
- Lost wages and future earnings
- Medical treatment and rehabilitation
- Permanent disability benefits
- Temporary disability benefits
The Division of Workers’ Compensation (DWC) handles workers’ compensation claims throughout the state of California. Workers’ comp is a no-fault system, which means an employee’s entitlement to benefits does not change based on how their injury occurred or whether they were at all responsible. If you plan to access your workers’ compensation benefits, you typically must report your injury within 30 days.
Workers’ compensation is the sole remedy available to employees in almost all workplace injury cases. This means that employees generally are not able to take their employers to court for injuries, except in cases of intentional harm.
If your employer was illegally uninsured at the time of your injury, you could also have grounds to pursue legal action against them in civil court. You may also be able to claim benefits through California’s Uninsured Employers’ Benefits Trust Fund (UEBTF). Not having the right coverage as a California employer is a misdemeanor punishable by fines, imprisonment, or both.
If you are injured on the job and are experiencing any issues with securing compensation, it is imperative that you begin collecting evidence and relevant documentation as soon as possible to help with your case.
Filing Third-Party Injury Claims in Rancho Mirage, CA
In addition to filing a workers’ compensation claim, you may be able to file a third-party injury claim against at-fault parties who are not your employer. Potential liable third parties in construction cases can include:
- Architects and engineers
- Equipment manufacturers and suppliers
- General contractors
- Negligent drivers
- Property owners
- Subcontractors
It is possible for more than one party to be at fault in a construction accident. It is vital that you understand the scope of your injuries under California’s workplace injury laws. That way, you can identify all potential at-fault parties and recover the full scope of damages you are owed.
If you are eligible to file a third-party claim, doing so can allow you to recover a fuller scope of damages. Workers’ comp claims do not cover non-economic damages like pain and suffering; personal injury claims do. Workers’ compensation claims also do not include punitive damages.
Recoverable damages in construction accident claims of this type can include:
- Compensation for damaged personal property
- Loss of companionship (such as the failure of a marriage due to the consequences of the injury)
- Lost earnings and earning capacity, as well as missed job opportunities
- Medical expenses and rehabilitation costs
- Pain and suffering
- Permanent disability or disfigurement
- Punitive damages in egregious cases
You typically have two years from the date of the incident to file a third-party personal injury claim for a construction accident. That said, it is wise to act as quickly as possible, especially when it comes to documenting the scene and collecting evidence for your claim.
You can file a workers’ comp claim and a personal injury claim at the same time, but the order in which you do so may matter. For example, if you recover damages from a third-party claim before your workers’ compensation claim is processed, your employer may be able to assert a lien against the recovery or even receive their own reimbursement from the third party.
A Rancho Mirage construction accident workers’ compensation attorney can align your claims and help you file everything at the right time.
It may be possible to pursue additional legal action against your employer in cases of intentional harm or fraud. If you suspect your employer is withholding your benefits from you, contact a California personal injury lawyer right away. If you are in a union, do not forget to contact your union representative as well.
Common Types of Construction Accidents in Rancho Mirage
There are many types of incidents that can occur on a jobsite that can lead to serious injuries or even fatalities. Common types of construction accidents include:
- Caught-in or between accidents
- Collapsing scaffold
- Defective tools or machinery
- Dropped objects
- Electrical accidents
- Falls from heights
- Slips-and-falls
- Struck-by injuries
- Toxic exposure
You can expect a construction site to be busy with activity throughout the workday. You should know what steps to take to keep yourself safe and avoid these situations altogether.
Unfortunately, even the safest workers can be the victims of a workplace accident. If you are injured at work, a Rancho Mirage construction accident lawyer can help you form a strategy for recovering the damages you rightfully deserve.
Injuries That Warrant Filing a Workers’ Compensation Claim
The nature and scope of your injuries can determine how much you can recover through your construction accident claim. Common types of injuries that our Rancho Mirage construction accident lawyers at English Lloyd & Armenta have seen include:
- Amputations
- Burns
- Complex regional pain syndrome (CRPS)
- Crush injuries
- Electrocutions
- Exposure to hazardous materials
- Musculoskeletal injuries
- Nerve damage
- Overexertion
- Reflex sympathetic dystrophy (RSD)
- Sensory loss
- Spinal cord injuries (SCIs)
- Strain injuries
- Traumatic brain injuries (TBI)
- Wrongful death
You can recover compensation for your losses based on both immediate injuries and long-term disability or impairment.
It is critical to your overall case to seek medical treatment as soon as possible after an accident. In addition to protecting your health and safety, getting professional medical attention can start creating a paper trail of evidence for your claim.
Evidence in a Rancho Mirage Construction Accident Case
It is easy to become overwhelmed in the wake of a workplace accident, but it is important that you keep a clear head to protect yourself and your right to compensation. You can expect the scene of an accident to be cleaned up quickly after an incident. It is up to you to document as much of the scene as possible before this happens. Take notes, take pictures and videos, talk to witnesses, and gather as much information as possible.
If law enforcement is called to the scene, be sure to leave a statement for the police report. You can also request a copy of the report for your records. Once you have left the scene, you can seek medical attention and get cleared by a doctor. Their notes about your condition and treatment, as well as copies of your medical bills, can also be used to support your claim.
You can gather a lot of evidence on your own, but it is highly recommended that you hire a construction accident lawyer to help you build your case. You can count on your attorney to use their knowledge of California construction accident laws to help you through your case. They can evaluate your situation and open their own investigation to gather more intel.
Your attorney may even be able to invalidate some part of the defending party’s claims to help you secure a fairer settlement. They can also talk to doctors, financial advisors, and other industry professionals to establish the scope of your injuries and damages.
Wrongful Death in Rancho Mirage Construction Accident Cases
Some accidents in the workplace can result in fatal injuries, leaving the surviving family of the deceased worker dealing with the loss of their loved one. Workers’ compensation plans typically cover death benefits for the family of an employee. This covers costs like:
- Burial and funeral expenses
- Loss of companionship/consortium
- Loss of inheritance
- Loss of parental guidance
- Lost economic contributions/benefits
- Mileage reimbursement for travel expenses
- Medical expenses before the victim passed
In severe cases involving felony crimes, punitive damages may be awarded as well. The primary factor in how much you can recover is how many dependents are in the household.
About Our Rancho Mirage Construction Accident Workers’ Compensation Lawyers
At English Lloyd & Armenta, our primary goal is to help you get the most out of your workers’ compensation and medical benefits. Our team has been navigating workers’ comp and third-party personal injury cases throughout Riverside County and beyond for over three and a half decades. We understand how much is at stake when you are navigating serious losses, and we are dedicated to helping you recover the compensation you rightfully deserve.
Local insurers know us for our work in and out of the courtroom. We have earned a stellar reputation in California, reflected in a list of accolades that includes the following:
- A 10.0 Avvo rating
- Being named Top Lawyer by Palm Springs Life for eight years in a row
- A spot on the list of Expertise.com’s list of Best Employment Lawyers in Indio
- An Avvo Top Contributor Award
- An Avvo Client’s Choice Award
Although awards and recognition are not guarantees of future results, and selection criteria vary by organization, this is a reflection of our dedication to protecting your interests and helping you pursue a fair recovery. We are proud of the work we have done to help Californians through complex workers’ compensation claims.
How Much Does It Cost to Hire a Rancho Mirage Construction Accident Attorney?
Rancho Mirage construction accident workers’ compensation lawyers typically charge a contingency fee, which means claimants only pay if they secure a settlement. If they do recover damages, they can expect their attorney to collect their fees based on a percentage of the total amount recovered.
Different factors can affect the final cost of hiring an attorney, including the complexity of the case and the lawyer’s level of experience. When hiring an attorney, ask about their fees and payment plan options during your initial consultation.
Attorney fees for workers’ compensation cases are typically capped at a certain amount. If you hire a construction accident workers’ compensation lawyer to represent you, you can expect their fees to range from 9 to 12 percent of your total benefits awarded. Attorney fees in these cases receive approval from the Workers’ Compensation Appeals Board.
Hire a Construction Accident Workers’ Compensation Lawyer in Rancho Mirage
Sustaining an injury on the job does not just affect your immediate future; the event can leave you out of work for extended periods of time and have a major impact on your long-term physical and mental health. It is imperative that you think about the scope of your losses to make sure you are receiving fair compensation through your employer-provided benefits. A Rancho Mirage construction accident workers’ compensation lawyer from our team can help.
Our lawyers at English Lloyd & Armenta understand how much you can potentially lose when you are injured at work. You can count on us to use our skills and knowledge of California construction accident laws to help you understand your recovery options and pursue the compensation you are rightfully owed.
If you are ready to learn more about how we can help with your upcoming case, come visit us at our office in Rancho Mirage, located in Building G of Agua Blanca Plaza. Call us to set up an initial meeting with a member of our team today. Se habla español.
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