Bakersfield Construction Accident Lawyer

Even if you are responsible and rule-abiding on site, construction work can still be inherently dangerous because of the materials and machinery you are working with. Another worker’s misconduct can easily harm you as well. For these reasons, construction workers are particularly likely to suffer on-the-job accidents compared to people working in other industries.

The fact that construction work commonly leads to serious injuries and illnesses does not mean seeking fair financial recovery is easy, especially if you try to do it without a skilled personal injury attorney’s help. Fortunately, the legal guidance you need is available from our Bakersfield construction accident lawyer, who—once retained—could work tirelessly to maximize your recovery while navigating procedural obstacles throughout the process.

Workers’ Comp Versus Third-Party Litigation

Under state law, everyone who is formally classified as an employee or who legally qualifies as one based on the nature of their work should have access to workers’ compensation insurance coverage through their employer. If a work-related injury or illness occurs, workers’ comp should provide reimbursement for all reasonable medical expenses and for a substantial portion of lost wages on a fault-free basis. However, you cannot sue your employer directly over a work injury if they already provide you workers’ comp coverage.

If you can trace your accident back to the negligence of someone other than your employer or if you were hurt because of a serious defect in a tool or piece of equipment being used on-site, you may be able to seek additional restitution through a third-party lawsuit. As our Bakersfield construction injury attorney could explain, this could allow recovery for various damages that workers’ comp does not cover, including personal property damage, physical pain, and psychological distress.

What Time Limits Apply to Construction Injury Claims?

If you intend to seek workers’ comp benefits for an injury you suffered in a construction accident, it is vital to notify your employer about that injury in writing soon after it occurs—no more than 30 days afterward. Once you have received a DWC-1 form from your employer following your report, you have one year from the date of your initial accident to fill out that form and return it to your employer in order to formally start the workers’ comp claims process.

For civil lawsuits against contract workers or companies who contributed to causing a construction accident through negligence or who otherwise are liable for injuries, you generally have two years at most from the date of the accident to file suit, as per California Code of Civil Procedure § 335.1. That said, it is still best to contact our skilled Bakersfield construction injury lawyer quickly after this type of incident to ensure that relevant evidence is still available for you to build your claim around.

Contact a Bakersfield Construction Accident Attorney for Help

Construction site accidents can quickly alter your life, affecting you not just physically but financially and psychologically as well. In a situation like this, it can be crucial to understand what options you have for seeking financial restitution and utilize those options soon after you suffer harm.

Our Bakersfield construction accident lawyer could provide the customized support you need to enforce your rights and minimize the negative impacts that your accident will have on your future prospects. Call today for a consultation.