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After a construction accident, is workers' comp it?

A San Diego construction worker who gets hurt while on the job may have a lot going through his or her mind right after the accident. In addition to everything else, the worker is likely going to start doing some fast math to figure out how much he or she is going to need to both pay all the bills and keep a steady stream of income flowing in to his or her household.

Of course, this worker can, and should, file a workers' compensation claim after the accident to get help in this respect. Workers' compensation benefits are available to employees on a no-fault basis, meaning that they don't have to prove someone else was at fault or negligent before getting benefits. Ordinarily, just proving that an injury accident happened at work is enough.

However, workers' compensation will cover medical bills but only pay a portion of a person's lost wages. Furthermore, workers' compensation gives no credit to a victim's pain and suffering or other non-economic losses. Unfortunately, because of the legal tradeoff between employers and employees, California workers also generally cannot sue their employers for these extra damages, however significant and well-deserved they may be.

This does not mean that workers' compensation benefits are the only means of compensation available to injured workers after California construction accidents. For instance, an injured worker may be able to pursue a third-party liability claim against someone else, other than the employer, whose negligence may have contributed to the accident. In these sorts of cases, additional compensation may be available.

An injured construction worker in the San Diego area has legal options available to him or her beyond workers' compensation, but he or she should go over these options with an experienced construction accident attorney.

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