Los Angeles, CA personal injury attorney Narbeh Shirvanian explains how workers’ compensation law factors into construction accident cases. In cases involving injuries on construction sites, the significance of workers’ compensation law cannot be overstated. When an individual sustains an injury while employed, the situation often transforms into a dual case, encompassing both workers’ compensation and personal injury aspects.

The workers’ compensation claim entails interactions with the employer’s insurance company to secure medical treatment, medical benefits, and disability benefits—whether total or partial—spanning the individual’s lifetime. This process is primarily administrative, and workers’ compensation applicant attorneys engage in substantial litigation, with a strong emphasis on medical considerations.

Despite the multifaceted nature of these cases, the primary focus of involvement for the legal team is on the personal injury side. In instances of construction site injuries, the personal injury claim zeroes in on the client’s pain and suffering. Economic facets of the claim are addressed through workers’ compensation, where the board approves settlements for past and future medical bills. Notably, matters of pain and suffering fall beyond the scope of workers’ compensation and necessitate attention through third-party claims, an area where the legal team’s expertise proves valuable.

For a personal injury case to be viable against a third party in the construction injury domain, it must arise from actions by a non-employer defendant. Cases where the employer is the primary cause of the on-the-job injury typically fall under strict workers’ compensation. Initiating legal action against the employer or a third party based solely on the employer’s negligence can result in case dismissal through a motion for summary judgment.

During consultations with clients, the legal team occasionally conveys that their circumstances may not qualify as a personal injury case. In such instances, the recommended course of action is to file a claim with the employer. This approach, however, may pose challenges for individuals still employed by that employer, giving rise to concerns about job security. Despite these concerns, employers are well within their rights to terminate employment, and individuals are protected when exercising their rights under the law. In cases of employer retaliation, the legal team can provide guidance, directing clients to employment litigation specialists to explore potential retaliation cases.