Palmdale is a beautiful suburban community, and the construction industry in the area has been crucial for many infrastructure projects and the consistent growth in the area over recent years. Local construction companies like JRD Construction and RL Remodeling have been serving the community for years, but construction is inherently dangerous work. If you are hurt while working construction, you need to talk to a Palmdale construction accident lawyer.
The attorneys at Wax & Wax, A Law Corporation have been helping injured workers recover in the Palmdale area for decades. We are fluent with California’s workers’ compensation laws and know how to resolve the complex legal issues many injured workers face in the aftermath of damaging workplace accidents. Construction is one of the most dangerous industries, and you need to know what you can do if you are hurt in this line of work.
The Bureau of Labor Statistics recorded about 363,900 nonfatal workplace injuries and illnesses from private sector employers in California during 2023. Of these, about 236,700 were considered severe, meaning affected workers needed time off to recover, required new job training, or faced duty restrictions, limiting their ability to work and earn income during recovery.
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The workers’ compensation system of California aims to protect both employers and employees when accidents happen on the job. If you have been hurt at work, it is crucial to hire a construction accident lawyer at your first opportunity so they can review the details of your situation and determine your most viable recovery options.
Almost every private employer in California is required to have workers’ compensation insurance, and most regular workers are covered when they are hurt on the job. If the employee is severely injured in a traumatic accident, their employer will likely be made aware of the situation right away, but if not, the injured worker should report the injury to their employer quickly.
Workers’ compensation insurance protects the employer from civil liability for their workers’ damages. The employer is required to document the injury in an incident report and provide the injured worker with the forms needed to file their workers’ compensation claim. The employer may not interfere with this process; otherwise, they can face penalties for retaliation. Their insurance company is also required to process the claim in good faith.
Before your claim is reviewed, the insurance company is likely to require a functional capacity evaluation from a local workers’ compensation doctor. This doctor will assess the severity of your injury and how much it will limit your ability to work, assigning a disability rating that reflects the severity of your condition. This rating will then be used to determine the scope of workers’ compensation benefits you will be eligible to receive.
It’s possible to encounter issues with your employer and/or their insurance carrier during this process. You need a Palmdale construction accident lawyer on your side to ensure you are treated fairly and receive an appropriate determination of benefits. Your attorney can guide you through each step of the claim-filing process and confidently resolve any unexpected complications that might arise.
Some of the most commonly reported construction accidents include falls, accidents involving heavy equipment, struck-by accidents, vehicle crashes, and illness resulting from toxic exposure. As long as your injury happens on the job, you are likely qualified to file a workers’ compensation claim, even if you caused the injury yourself. Workers’ compensation in California is resolved on a no-fault basis.
However, there are scenarios in which an injured worker could be disqualified from workers’ compensation benefits due to their conduct. For example, if you caused your own injury because you were working under the influence of drugs or alcohol, or if you intentionally violated workplace safety rules, these factors would likely work against you. Your Palmdale construction accident lawyer can identify any such issues you might face in your recovery efforts.
A successful workers’ compensation claim in Palmdale will typically result in full medical expense coverage for all your medical expenses resulting from your work injury, as well as disability benefits during the time you are unable to work. Disability benefits can be paid in partial or total designations depending on whether the injured claimant is able to work at all during their recovery.
If you can still work after your injury but cannot earn your usual income, you could receive partial disability benefits that can help make up the difference in your earnings. If you cannot work at all, total disability benefits can be paid each week, accounting for a large portion of your average weekly earnings with each payment.
You typically cannot sue your employer for an injury at work if they have workers’ compensation insurance, except under very specific circumstances. You may, however, have grounds to file a third-party personal injury case if anyone outside of your work is directly responsible for injuring you.
Success with a third-party personal injury case could enable you to recover compensation for damages that workers’ compensation won’t cover, such as pain and suffering.
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Navigating the legal aftermath of a construction accident in Palmdale can be incredibly difficult unless you hire a construction accident lawyer to help you. The right attorney can determine the full scope of your legal options, assess the severity of your injury, and make sure that your workers’ compensation claim is handled in good faith. They can also help with a third-party personal injury case if you have grounds to file one.
The team at Wax & Wax, A Law Corporation has successfully represented many injured construction workers in Palmdale. We know the challenges you might face in your efforts to recover and how to help you overcome them. With our team on your side, you can approach your recovery process with confidence and have a better chance of maximizing your compensation. Contact us today to schedule a free consultation with a Palmdale construction accident lawyer.
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(818) 247-1001
At Wax & Wax, A Law Corporation, our attorneys are prepared to fight for your rights and best interests, whether you need help with workers’ compensation, Social Security disability (SSD), a personal injury matter, or an employment law concern. We are proud to bring a wealth of experience, knowledge, and legal ability to the courtroom on behalf of our clients. Complete the online contact form or give us a call at (818) 247-1001.
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