Filing a Construction Accident Claim in San Bernardino

September 22, 2022 Posted In Work-related injury

After a construction accident in San Bernardino, you will likely need to take time off of work to recover. Unfortunately, that will mean lost income while bills start to pile up. Fortunately, you have options for compensation. 

Filing a Workers’ Compensation Claim

Under California law, employers are required to carry workers’ compensation insurance. Therefore, construction workers can file a workers’ compensation claim after a work-related injury in San Bernardino regardless of who was at fault for their injury. Immediately after the accident, seek medical care and tell your physician how you were hurt on the job. Make sure to get a note from the doctor if you are unable to return to work. 

Notify your employer as soon as possible and give them the note from your physician. You have 30 days to report a work injury, but the sooner, the better. If you fail to do so within this time, you may forfeit your right to benefits. Once you tell your employer, they should supply you with a workers’ compensation claim form. File the claim form with your employer in person, by first-class mail, or certified mail. Your employer should then submit it to its insurance company and give you a copy. 

Your employer’s insurer is required to authorize payment for up to $10,000 in medical treatment even before they have accepted your claim. Temporary disability benefits should start within 14 days if you must miss work, which is two-thirds of your wages. The insurer will complete an investigation, and if they do not begin payments by then, you should hear from them regarding their need for additional information or that your claim is denied. 

Filing a Third Party Construction Injury Claim

In some construction accidents, a third party is also liable. If a third party, such as a contractor, subcontractor, engineer, property owner, etc. contributed to your injury, they can be held accountable. When that is the case, you have the right to file a personal injury lawsuit for further compensation in addition to your workers’ comp claim. If you believe another party was at fault, it is best to consult a construction accident lawyer. 

Not only can they help you with your workers’ comp claim, they have the resources to investigate the accident and determine who can be held responsible. They will collect evidence, take eyewitness statements, gather documentation, and work with experts to build your case. Once negligence on behalf of another party has been established, they will handle all of the paperwork related to filing your lawsuit and negotiations with the at-fault party’s insurer. If necessary, they will prepare your case for trial if the insurer is unwilling to settle for the compensation you deserve. 

We Can Help

If you or a loved one has been injured in a construction accident, speak to a San Bernardino Construction Accident Lawyer today. We offer free consultations to discuss your legal options and how we can help you recover the compensation you deserve. Call (951) 688-0006 or send us a message online today.