Most construction workers know that an injury on the job can be devastating. Construction accidents often result in catastrophic injuries, which can mean time lost from work while making a long, painful recovery. Workers’ compensation may help, and an employer can avoid costly lawsuits by carrying this important coverage for his or her employees. However, an accident on the job may allow an injured employee to seek damages in the courtroom under certain circumstances.
While the purpose of workers’ compensation is to avoid injury lawsuits against employers by providing insurance for injured workers, some situations may entitle a worker to seek compensation through the civil courts. For example, a worker who is injured because of the actions of someone who is not the employer of the victim is not necessarily limited to workers’ compensation benefits. Negligence on the part of another contractor, the property owner or another third party may entitle a worker to file a claim for damages in court.
An employer who fails to comply with federal and state safety codes should not be surprised if an injured worker seeks compensation through a lawsuit. This may include unnecessarily exposing workers to hazardous materials or failing to provide protective equipment. An injured employee may also have cause to seek justice in the courts if an injury results from defective, worn or poorly maintained equipment on the job.
Workers’ compensation coverage may not be enough when construction accidents occur through a third party. Additionally, an employee who suffers injuries due to the negligence of an employer may have other options for pursuing financial redress. With the guidance of a California attorney, injured workers may learn how to maximize the compensation they seek.