[{"@context":"https:\/\/schema.org\/","@type":"Article","@id":"https:\/\/www.habbaspilaw.com\/punitive-damages-in-construction-site-accident-claims\/#Article","mainEntityOfPage":"https:\/\/www.habbaspilaw.com\/punitive-damages-in-construction-site-accident-claims\/","headline":"Punitive Damages in Construction Site Accident Claims","name":"Punitive Damages in Construction Site Accident Claims","description":"Construction sites can be a hotbed for serious accidents and injuries. When an accident happens, employers generally cannot be sued. Instead, injured workers have to seek benefits through a workers\u2019 compensation claim. Workers\u2019 compensation provides for payment of certain losses, including medical bills and disability income. It does not, however, pay for punitive damages. If… Continue reading Punitive Damages in Construction Site Accident Claims<\/span><\/a>","datePublished":"2018-07-10","dateModified":"2026-03-26","author":{"@type":"Person","@id":"https:\/\/www.habbaspilaw.com\/author\/admin\/#Person","name":"Samer Habbas, Esq","url":"https:\/\/www.habbaspilaw.com\/author\/admin\/","identifier":1,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/328046d5a3bfc49c9999e96862d136a3f4bc810c33ae5a18d4d702bce2c20ecf?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/328046d5a3bfc49c9999e96862d136a3f4bc810c33ae5a18d4d702bce2c20ecf?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Samer Habbas & Associates","logo":{"@type":"ImageObject","@id":"https:\/\/www.habbaspilaw.com\/wp-content\/uploads\/2022\/08\/1241504_HabbasLogoUpdates_Logo1_Op1Black_060822-scaled.jpg","url":"https:\/\/www.habbaspilaw.com\/wp-content\/uploads\/2022\/08\/1241504_HabbasLogoUpdates_Logo1_Op1Black_060822-scaled.jpg","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/www.habbaspilaw.com\/wp-content\/uploads\/2017\/10\/Construction-accident.jpg","url":"https:\/\/www.habbaspilaw.com\/wp-content\/uploads\/2017\/10\/Construction-accident.jpg","height":1513,"width":2000},"url":"https:\/\/www.habbaspilaw.com\/punitive-damages-in-construction-site-accident-claims\/","about":["Construction Accident"],"wordCount":513,"articleBody":"Construction sites can be a hotbed for serious accidents and injuries. When an accident happens, employers generally cannot be sued. Instead, injured workers have to seek benefits through a workers\u2019 compensation claim. Workers\u2019 compensation provides for payment of certain losses, including medical bills and disability income. It does not, however, pay for punitive damages. If a construction worker is able to sue a party other than their employer, they may be able to seek punitive damages.Construction Accident Claim & Punitive Damages Under California LawPersonal injury claims allow for construction accident victims to recover broader compensation from non-employers than the compensation available in a worker\u2019s comp claim alone. Accident victims are typically entitled to their actual financial losses and compensation for their non-economic damages. Punitive damages are completely different. This type of damage is designed and awarded to serve as a punishment to discourage future bad behaviors.California Code of Civil Procedure \u00a7 3294 defines when punitive damages can be awarded in an injury claim. The relevant law states:\u201c (a) In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.\u201dThis code section further defines oppression, fraud, and malice as:Malice means the defendant\u2019s conduct was intended to harm the plaintiff or the defendant\u2019s conduct was despicable and showed a \u201cwillful and conscious\u201d disregard for safety or for the rights of others.Oppression is defined to include \u201cdespicable conduct,\u201d which causes a plaintiff\u00a0to suffer cruel hardship or unjust hardship. \u00a0Oppression occurs when the plaintiff\u2019s rights are disregarded.Fraud refers to intentionally concealing material facts or misrepresenting facts the defendant knows to be true, with the intent to cause injury or to deprive the plaintiff of any property or any legal rights.Under CCP \u00a7 3947, companies can be liable to pay punitive damages if it can be proven that any of their officers, directors, or managing agents acted with fraud, oppression or malice. If they knew of the wrongful or malicious conduct, or approved of the conduct after the fact, this can result in punitive damages.What You Need to Seek Punitive Damaged in a Construction Accident ClaimConstruction accident victims need to prove the following in order to seek punitive damages:Prove that \u00a0non-employer or a third party negligently caused the accident which resulted in the injuriesThe third party or non-employer\u2019s malice, oppression, or fraud \u00a0justifies the award of punitive damagesCall a Los Angeles Construction Accident Attorney Today!The legal team at the Law Offices of Samer Habbas is dedicated to helping our injured clients reach the best monetary settlement when they are involved in any type of accidents. Our experienced Los Angeles construction site accident attorneys are available to personally review your case. \u00a0Call us at 1-888-848-5048 to schedule a free, complimentary consultation with our legal team today."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Punitive Damages in Construction Site Accident Claims","item":"https:\/\/www.habbaspilaw.com\/punitive-damages-in-construction-site-accident-claims\/#breadcrumbitem"}]}]