What Damages Are Recoverable in a Construction Accident?

August 31, 2022 Posted In Work-related injury

If you are injured in a construction accident, either as a worker or a bystander, then you are entitled to compensation. Depending on how the accident occurred and what parties are responsible for the accident, the types and amount of damages you are eligible for may change. It’s important to start the claims process and get a personal injury lawyer immediately after your accident so that you are able to get the maximum compensation that you are entitled to. 

We are going to cover each avenue that you have in a construction accident so that you can get the compensation you deserve. 

Workers Compensation if Injured on the Job

If you are involved in a construction accident while on a job site, your first avenue to recover damages is workers  compensation. You would have to file a claim similar to how someone files a claim for home or auto damages with their insurance. The amount of damages you may receive in this case is typically limited based on what the workers compensation will pay out to injured employees. 

Filing a Personal Injury Claim

You may be able to file a workers’ compensation claim in San Bernardino after a construction accident if either you are a bystander injured as a result of some form of negligence, or even if you are on the job if you meet one of the following criteria: 

• Your employer does not carry workers compensation insurance
• A third party is liable for your accident 
• Your employer acted in a way that was proven to be malicious which caused you harm
• Your employer was grossly negligent which led to the accident. 

If you are able to file a personal injury claim, there are 3 types of damages that you may be awarded. 

Financial Damages

Financial damages are those financial costs that a person suffers as a result of the accident. These may include but are not limited to lost wages, lost ability to earn, medical bills, rehab, medication and other recovery related expenses, travel expenses, legal expenses, damage to property, and any other costs that can be associated with the accident. 

To prove these damages the court will typically accept copies of medical bills, pay stubs, repair bills, receipts and other formal documents 

Emotional Damages

Emotional damages refers to things like emotional trauma that a person suffers as a result of the accident, pain and suffering, loss of relationships, and mental distress. If a person has to receive therapy as a result this may be covered as well. 

These types of damages are a bit more difficult to prove but keeping a personal injury diary or getting testimony from professionals about the victim’s mental state is usually successful in getting these types of damages awarded. 

Punitive Damages

Punitive damages are a type of damage that is awarded to the victim strictly by the court. The court may choose to award these types of damages to the victim in the event that the at fault party was found to be grossly negligent, reckless, or malicious in their intent to cause harm. 

Punitive damages are added on top of other damages that are assessed and usually have a limit that is set for either by law or in the court system. The court may choose to do this at will and evidence is not necessary.