What Are Your Rights In Construction Site and Work Related Accidents?
Posted: Monday, May 24, 2010
by Mason Rashtian
The Mason Law Firm
Pursuant to California labor laws, if you are injured during the course and scope of your employment, your only option is to receive workers' compensation benefits. However, there are some exceptions to this rule.
One such exception applies if your employer does not carry workers' compensation insurance. Under this scenario, you can file a lawsuit against your employer, seeking compensation for your medical bills and pain and suffering.
Example 1: During a construction project, a painter is working on top of a scaffolding. However, the scaffolding is not properly built or secured, and as a result, it collapses. In the process, the painter falls to the ground, sustaining serious injuries. Because he was injured during the scope of his employment, the painter is entitled to receive workers' compensation benefit. In addition to workers' compensation, the painter can sue third parties responsible for the incident, including the General Contractor who is responsible for making sure that the job site is safe, and the subcontractor who erected the scaffolding.
Example 2: At work, an employee walks into the restroom. The floors of the restroom are slippery because they were just mopped by the janitorial crew who was hired by building management and there are no warning signs posted. This employee slips and falls. The injured employee would be entitled to workers' compensation benefits and can also sue the janitorial crew who mopped the restroom.
Example 3: As part of your job, you make daily deliveries to clients. During one of your deliveries, you are involved in a car accident with a careless driver. You can apply for workers' compensation benefits and sue the other driver for your injuries.
If you are injured during the scope of your employment and are not sure about your legal rights, it should consult with an attorney. This article strictly talks about California law. Laws in other states may differ. This article is for educational purposes only and is not meant to serve as legal advice.
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