San Bernardino Construction Site Injury Claims

Exclusive Immunity: Precluded Claims Under the Workers’ Compensation Act

Under California’s workers’ compensation law, construction site employees (general contractors) are prohibited from suing their employer, provided they have workers’ compensation insurance. What they can do, following a construction site injury, is claim workers’ compensation benefits. In the exclusive remedy provision, the worker cannot prosecute an employer for negligence unless the law follows a ‘no-fault’ system. Consequently, an injured employee only has to prove workplace-related injury and not fault-finding to recover compensation.

What This Means

The downside of the exclusive remedy rule is that even high-wage earners in the construction industry receive a fraction of their payments in workers’ compensation benefits. Under workers’ comp law, employees cannot be awarded damages for pain and suffering or emotional distress brought on by their construction accident. A worker can only sue an employer if they prove actionable negligence on the general contractor or construction owner’s part. A general contractor or construction site owner is not required to warn workers of an “obviously” dangerous situation.

Exceptions

However, they owe those in their employ a duty of care to prevent workplace-related injuries, even in a hazardous work environment like a construction zone. A construction site’s liability cannot be based solely on an owner or general contractor’s failure to warn the workers of obvious dangerous circumstances. Yet, both may be found legally responsible for their failure to correct a hazardous situation if they were aware of its presence on the construction site.

This is where a San Bernardino construction accident lawyer comes in handy. They’re well-versed in violations of safety statutes that can constitute the basis of liability against a construction site owner or general contractor. In cases where the non-delegable labor code has been broken, victims of construction site fall accidents can introduce evidence in personal injury cases. This has made safety regulations admissible into evidence under the California Occupational Safety and Health Administration.

Seeking Damages Following a California Construction Accident

California’s workers’ compensation laws require employers to pay benefits irrespective of who was at fault for employee injuries. As such, employers are protected against personal injury lawsuits from laborers, but in some scenarios, the injured plaintiffs can hold employers accountable for their losses. For example, a worker can sue an employer who does not provide workers’ compensation insurance, per the CAL/OSHA law. In addition to the breached duty of care, a construction site accident claim may be based on defective products, premises liability, and vicarious liability.

If you were injured on the job, you might be able to file charges against your employer. For this reason, you need an experienced construction accident lawyer with a proven track record representing injured workers. Note, under California’s workers’ compensation law, the immunity rule only applies to the employer.

Therefore, plaintiffs may pursue a third-party personal injury claim if someone other than their employer, like a contractor, property owner, manufacturer of defective machinery, etc., caused their injuries. It’s equally important to consult with a lawyer sooner rather than later because you have a time limit for filing a lawsuit. Although the statutes of limitations vary depending on the type of lawsuit filed, the time limit for personal injury claims in California is generally two years from the date of the injury.