Accidents are common at construction sites. Such disasters pose a great risk to construction workers. There are varied and numerous causes of injuries that result from construction accidents. Some are obvious and easy to spot while others are obscure and thus take long to be noticed. If you are involved in a construction workers’ accident, it is advisable to seek compensation.
Project managers and owners in San Diego are required to have workers’ compensation insurance, which comes in handy in the aftermath of construction accidents. Injuries that are considered to be compensable under workers’ compensation are those that can be clearly connected to your employment condition or requirement.
Purpose of Employee Compensation Benefits
Workers’ compensation laws in San Diego are basically enforced with the objective of ensuring that employees who get injured while at work receive necessary monetary rewards. In doing so, it negates the need for injured employees to kick start legal proceedings against their employers. Construction worker accident benefits equally provide co-workers and employers with protection since it limits the amount of money that they are obligated to pay the injured workers.
Construction accidents fall under the no-fault system. This means that you are responsible for your own safety provided that your working conditions are satisfactory. Therefore, injuries that result from your own negligence are not compensable. Your employee might not be involved directly in your third-party claims since such claims mainly occur in civil actions rather than the workers’ comp system.
Workplace accidents compensation is generally considered to be a better alternative to filing lawsuits against employers. You still qualify for worker’s compensation even if your injuries were caused by someone else apart from your employer. This can also be the case if your injuries resulted from defective apparatus or malfunctioning machinery that you used while at work.
How to File Compensation Claim
You need to notify your employer as soon as you get injured. If the injury occurred over a long time, the notification should be given the moment you realize that you can no longer attend to your duties as it was the case before. Thereafter, you should fill a claim form, which shows that your employer is responsible for your injuries and therefore, must compensate you. A construction accidents lawyer can help simplify the process, more so when your employer’s insurer denies responsibility.