Our lawyers have put together a list of the most commonly asked questions about construction accident injuries. If you were injured in a Orange County construction accident and have a question, browse through our site to find the answer, or simply contact us and we will provide you with a comprehensive answer.
Generally speaking, workers are not allowed to sue their employers if injured on the job. In California, workers’ compensation will be your only recourse. As it is a no-fault system, the fault of the employer is irrelevant.
If your employer does not carry workers’ compensation insurance, you may file a lawsuit against the employer. The issues then become:
The legal issue is one of establishing that the negligence of some person or entity other than your employer was either the sole reason for your injury, or was a contributing factor. This is a complex area of the law. Under certain circumstances, best explained by an Orange County construction accident lawyer, you may be able to sue:
California is a comparative negligence state, which means it will be determined how responsible each party is for the accident. If at least one other person or entity is at fault, you can recover a percentage of your damages. For example, your total damages were $100,000; someone other than your employer was 50% responsible and you were 50% responsible. Your potential recovery is limited to $50,000.
Construction accidents are most often complicated by the number of parties involved. Make sure you realize all you are entitled to. Call Russell & Lazarus at (800) 268-9228.