California Construction Site Injuries: Workers' Compensation Lawyer
Find out more about the most common types of accidents that take place on construction sites in California and the compensation benefits that you can claim based on the injury sustained.
Had a work injury on a construction site in California? Claim your workers comp benefits.
Construction sites are definitely on the list of workplaces with a higher risk of injury. According to the California Division of Occupational Safety and Health, construction accidents are the second-leading cause of death for workers in California. Accidents on construction sites happen often and it’s important that your know the necessary steps to take in order to claim the necessary benefits.
If you have suffered a work-related injury on a construction site, you may be eligible for workers’ compensation benefits. On this page, you’ll find information on what you should do to receive the compensation you deserve on this page.
What are the most common types of accidents on construction sites?
In a workplace with plenty of heavy machinery, tools, and dangerous materials, it’s no surprise that accidents occur more often compared to other industries. Although there are many safety regulations meant to protect workers, accidents still happen at a faster rate than in other industries. Here are the most common causes of work accidents that take place on construction sites in California:
Scaffolding accidents
Car and truck accidents
Crane accidents
Forklift accidents
Explosions
Slips, trips and falls
Ladder accid
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What type of work accident can I claim benefits for?
There are two main categories of injuries covered by the workers’ compensation law in California:
Traumatic work event
Most injuries occurring on construction sites are the results of a one-time event, such as a crane accident, an explosion or a trip or fall. In case your work injury was caused by a single event, you should let your employer know as soon as possible. Failing to notify your employer 30 days after the accident can cause you to lose your workers’ compensation benefits. Read more about what should you do after suffering a work accident in California here.
Repeated exposure
Not all work injuries happen in the sport due to a workplace accident. Unhealthy working conditions might cause workers to develop an injury gradually. It’s important that you notify your employer as soon as you become aware that your injury was caused by your work environment.
Don’t miss out on the benefits you’re entitled to. Talk to a workers compensation attorney for free to get help with your case.
We’re here to ensure you’re receiving the right treatment and yield all the benefits you’re entitled to. Schedule a free consultation with a workers’ compensation attorney and get professional representation with the personal attention you deserve.
What workers comp benefits can you claim for accidents on construction sites in California?
Construction accidents can cause damage on many levels such as physical, psychological and financial for their victims. The benefits included in the workers’ compensation program in California are designed to help the injured employee recover from:
loss of wages for the period of disability
medical and physical therapy costs
Ongoing living expenses
Loss of consortium for widows/widowers
Based on the gravity of your injury and the circumstances in which it occurred you’re probably entitled to a certain amount of workers’ compensation benefits. Below, we had listed the types of benefits available for work accidents on construction sites.
Medical Cost Covering
In this case, the workers’ compensation benefits should cover the costs of physical rehabilitation, tests, medicines and doctor visits. This will ensure a correct and speedy recovery after the accident.
Permanent disability benefits
If the currently available treatments cannot help you recover completely from the injury you sustained, you’re probably entitled to financial compensation.
Temporary disability benefits
In case the injury you had sustained on the job keeps you from returning to your usual work activities, you might be entitled to financial compensation until your health condition allows you to return to the job.
Supplemental job displacement
In case you’re entitled to receive permanent disability benefits and your employer does not offer you work, you can also receive financial support for professional training and skill enhancement.
Death Benefits
Legal dependents of a construction worker that gets killed after an injury sustained in the workplace, can receive money for funeral expenses and weekly financial compensation.
In order to qualify for any type of workers’ compensation benefits you must be able to prove the following:
The sustained injury wasn’t intentionally caused
The type of sustained injury is covered under the California workers’ compensation laws
The accident was not caused by intoxication with drugs or alcohol
The accident occurred while the employee was performing a job-related task
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How can a workers compensation attorney help your case?
Normally, the compensation program is designed to facilitate your access to the benefits you’re entitled to. With some accidents on construction sites, the compensation claims are not being disputed by any of the parties and the injured worker should be able to handle the process by himself. However, the compensation claim process might not develop as smoothly as expected in certain cases. Employers, insurance companies and their legal representation might try to settle your case for as little as possible. That’s when a workers compensation attorney might come in handy.
Professional Expertise
A work injury lawyer can offer you the necessary guidance to ensure you receive fair treatment during the workers compensation claim process. At the same time, it can provide you with multiple settlement options, assistance with litigation and help you avoid any paperwork injuries. A minor error in the paperwork might result in your case being denied in certain cases. Given the fact that paperwork can get quite complicated, having professional guidance by your side will ensure your claim is being correctly handled and processed.
Negotiation Assistance
Negotiating with insurers over the amount of compensation you’ll receive is without a doubt a hassle. You’re dealing with professionals that have the training, experience and expertise to get their way in any legal debates regarding compensation benefits. Therefore, if you want to even out your chances of winning you should hire a worker’s compensation attorney.
Liability Debates
When it comes to the construction industry, there are multiple parties that can be held liable for any accidents that might occur. From employers that fail to provide safety equipment or training, to the property owner’s negligence or manufacturers of faulty products. Liability can be a complex issue that you might struggle to settle on your own.
Need professional assistance with your case? Schedule a free consultation with a workers’ compensation attorney in Long Beach.
Normally, your employer should provide you with the compensation within one day after being informed about the injury. If your employer fails to provide you with the claim form, you can download it from the DWC website.
In some cases, injured employees are afraid to file their worker’s compensation claim or declare a work injury because they’re afraid that they might lose their jobs as a consequence. You should know that it is illegal for your employer to punish or fire you for filing a workers compensation case.
No, your employer cannot take part of your earnings for any injury-related costs. Workers’ compensation insurance is part of business costs, therefore your employer cannot ask you to pay for any insurance or medical expenses costs.
In the state of California, not having a workers’ compensation coverage is considered a criminal offence. If you sustain a work injury in California, your employer is responsible for paying all the bills associated with your injury/illness.
A lot of workers’ compensation attorneys, like ourselves, work on a contingency fee basis. That means that you won’t have to pay any costs for legal representation until your case is won and settled.
If you deliberately injured yourself or came to work intoxicated you might be denied benefits. However, in most other circumstances you should be entitled to compensation for the sustained injuries.
We’re always here to answer your questions. Click here to contact us or schedule a meeting. If you are unsure if your case qualifies, complete this form to find out.
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Frequently Asked Questions
What are the common causes of construction site accidents in California?
Common causes of construction site accidents in California include:
Scaffolding accidents
Car and truck accidents
Crane accidents
Forklift accidents
Explosions
Slips, trips, and falls
Ladder accidents
How can a lawyer help after a construction site accident?
A lawyer can help after a construction site accident by ensuring you receive the workers' compensation benefits you're entitled to, assisting with legal procedures, negotiating settlements, and representing you in any litigation. They can also protect your rights, handle paperwork, and navigate complex legal processes on your behalf.
What steps should I take if Ive been injured in a construction site accident?
If you have been injured in a construction site accident, follow these steps:
Report the accident to your supervisor immediately.
Seek medical attention promptly.
Document the incident and gather witness statements.
File a workers' compensation claim.
Consult with a workers' compensation attorney for guidance.
What compensation might be available for construction site accident victims?
Construction site accident victims may be eligible for workers’ compensation benefits covering wage loss, medical expenses, permanent disability, and job displacement. Compensation varies based on injury severity and circumstances. It's vital to seek legal advice to ensure rightful benefits are obtained.
How does workers compensation affect my construction site accident claim?
Workers' compensation provides benefits for medical costs, lost wages, rehabilitation, and more for work-related injuries on construction sites. It ensures financial and medical support without the need to prove fault, protecting your rights as an injured worker.
What are the legal rights of construction workers injured on the job?
Construction workers injured on the job have legal rights to workers' compensation benefits in California. These benefits cover medical expenses, lost wages, and disability compensation. Workers can seek help from experienced attorneys to ensure they receive the full benefits entitled to them under the law.
How long do I have to file a lawsuit after a construction site accident?
The statute of limitations to file a lawsuit after a construction site accident in California is generally two years from the date of the incident. It's crucial to consult with a workers' compensation attorney promptly to understand your legal rights and deadlines.
What should I look for when choosing an attorney for a construction site accident case?
When choosing an attorney for a construction site accident case, consider their experience with workers' compensation laws, success rate with similar cases, fee structure, communication style, and dedication to your case. Research their reviews and schedule a consultation to assess compatibility.
Are there specific regulations that protect workers on construction sites?
Yes, California has specific regulations to protect workers on construction sites. Employers must adhere to safety standards outlined by Cal/OSHA to ensure worker safety. This includes providing proper training, safety equipment, and following protocols to prevent accidents and injuries.
How can I prove negligence after a construction site accident?
To prove negligence after a construction site accident, gather evidence such as photos, witness statements, and safety reports. Consult with a workers' compensation attorney for guidance on building your case and navigating legal proceedings effectively.
What types of evidence are critical in a construction site accident claim?
Critical evidence in a construction site accident claim includes:
1. Documentation of the incident
2. Witness statements
3. Medical records
4. Safety equipment reports
5. Inspection and maintenance records
6. Photos or videos of the scene
Can I sue for a construction site accident if I am a subcontractor or a non-employee?
Yes, subcontractors and non-employee workers can pursue a lawsuit for a construction site accident if a third party, such as the property owner or equipment manufacturer, is liable for the injury. Consulting with a construction accident attorney can help determine the best legal course of action.
What defines a construction site accident?
A construction site accident is defined as any incident that results in injury to a worker while performing job-related tasks. Common causes include scaffolding collapses, crane malfunctions, slips, trips, falls, and machinery accidents. These accidents are eligible for workers' compensation benefits in California.
Can family members sue for wrongful death?
Family members can sue for wrongful death in cases where a loved one has died due to someone else's negligence or intentional actions. The lawsuit seeks compensation for the family's financial and emotional losses resulting from the death. Key family members can typically file these lawsuits, such as spouses, children, or parents of the deceased.
Who is liable for construction site injuries?
In California, employers are liable for construction site injuries, covering all associated costs. Workers' compensation benefits are designed to assist injured employees without impacting their personal earnings or requiring any out-of-pocket expenses from the employee.
How do I document my accident injuries?
To document your accident injuries for a construction site-related injury in California, follow these steps:
1. Report the incident to your employer immediately.
2. Seek medical attention and keep a record of all treatment.
3. Document the details of the accident and injuries in writing.
4. Take photographs of the accident scene and your injuries.
5. Keep copies of all medical records and reports related to the injury for your workers' compensation claim.
Are emotional damages compensable in these cases?
Emotional damages are compensable in construction accident cases if they are a result of the work-related injury. Seeking legal advice can help determine the eligibility and process for claiming compensation for emotional distress.
What if my employer doesnt have insurance?
If your employer doesn't have insurance in California, it is considered a criminal offense. Your employer is responsible for paying all the bills associated with your work injury. Contact a workers' compensation attorney for guidance in such cases.
Can I also claim for equipment malfunctions?
Yes, if you were injured due to equipment malfunctions on a construction site in California, you may be eligible to claim workers’ compensation benefits. It's essential to document the malfunction and resulting injury to support your claim effectively.
How do I dispute a denied claim?
If your workers' compensation claim is denied, you can dispute it by filing an appeal with the California Division of Workers' Compensation. Gather evidence, seek legal advice, and follow the formal process to challenge the denial effectively.
Whats the role of OSHA in accidents?
OSHA, or the Occupational Safety and Health Administration, plays a crucial role in accident prevention by setting and enforcing safety regulations in the workplace. They conduct inspections, provide training, and ensure employers comply with safety standards to protect workers' health and safety.
Are bystanders eligible for compensation after accidents?
Bystanders may be eligible for compensation if they are injured during a work-related accident on a construction site in California. Workers' compensation benefits can cover medical expenses, loss of wages, and other related costs for bystanders injured in such incidents. It's important to seek legal advice to understand eligibility requirements.
How do settlements work in these cases?
Settlements in workers' compensation cases involve financial compensation for injuries. They can cover medical costs, lost wages, permanent disability benefits, and job training if necessary. Employers typically handle these expenses, and workers' compensation attorneys often work on a contingency fee basis to help secure fair settlements for injured workers.
Can I sue for unsafe working conditions?
You may have grounds to sue for unsafe working conditions if workers' compensation benefits are insufficient or denied. Consult with a workers' compensation attorney to explore your legal options and potential compensation for injuries resulting from unsafe work environments.
Does contributory negligence affect my claim?
In California, contributory negligence does not bar you from receiving workers’ compensation benefits. Your claim is still valid even if you played a role in the accident. The focus is on ensuring you receive the benefits you deserve for your work-related injury.
Is there a cap on damage awards?
In California, there is no cap on workers' compensation benefits for medical treatment or disability payments. The benefits are based on the severity of the injury and the impact on the individual's ability to work.
How do independent contractors claim for accidents?
Independent contractors can claim for accidents by securing their own insurance, such as liability or personal health insurance, as they are not covered by an employer's workers' compensation. They may also explore options for legal recourse against negligent parties to seek compensation for injuries sustained on the job.
Can I claim for chronic occupational diseases?
Yes, you can claim for chronic occupational diseases under workers' compensation in California if the illness is a direct result of your job duties. Seeking legal advice can help determine if your case qualifies for benefits.
What if multiple parties are at fault?
If multiple parties are at fault for a construction site injury, a workers' compensation attorney can help navigate the complexities of determining liability and maximizing compensation by pursuing claims against all responsible parties. It's essential to identify each liable entity to ensure full and fair compensation for your injuries.
Are fall protections legally required on sites?
Fall protections are legally required on construction sites in California to prevent accidents and ensure worker safety. Employers must adhere to safety regulations to provide proper equipment and training to minimize the risk of falls.
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