Moving Beyond Workers’ Compensation for Construction Site Injuries
August 5, 2020
Oftentimes when individuals are injured on a construction site, they are told that their sole remedy for compensation is through a workers’ compensation claim with their employer’s workers’ compensation insurance carrier. This is known as the workers’ compensation exclusive remedy.
Such compensation, however, does not include compensation for pain and suffering or emotional distress, which can be ten times, one hundred times, or more in comparison to the value of the benefits received in a workers’ compensation case.
Where injuries occur on a construction site due to the fault of another party such as a third-party subcontractor, an individual is entitled to pursue worker’s compensation benefits and compensation from third parties, concurrently.
Upon the resolution of both cases, assuming benefits were secured from the worker’s compensation insurance carrier and compensation from the third-party, the individual will be required to repay the amount of the benefits received to the worker’s compensation insurance carrier to prevent double recovery of medical expenses and lost wages.
In this setting, our attorneys aggressively work to negotiate and ultimately reduce any amount owed to the worker’s compensation insurance carrier to ensure maximum net recovery to the client. Many times, this will result in a full waiver of any amounts owed to workers’ compensation insurance companies. If you have any questions about this process and how we can help, please reach out to our Orange County personal injury attorneys immediately.