Construction work can be very dangerous. Every worker in the industry knows this. You’re working with heavy machinery, doing repetitive physical tasks, and being exposed to dangers unique to your profession. When you get hurt, the consequences to your health and finances can be significant. Workers’ compensation in California is designed to help with much of these costs, but you need to know more about your rights in order to adequately protect them.
At Ratto Law Firm, P.C., our California workers’ compensation attorneys help you understand and enforce your rights under the law. We’re ready to meet with you to learn about your situation.
Workers’ Compensation Covers Most Construction Injuries
California workers’ comp covers most types of injuries. Nearly every employer within the state has to carry workers’ compensation insurance. This means that whether you work for a construction company, subcontractor, or staffing agency, you’re likely covered. Workers’ comp is also no-fault, meaning it doesn’t matter who caused the accident, even if you caused your own injury.
Common construction-related injuries covered by workers’ comp include:
- Fall injuries
- Struck by foreign object injuries
- Crush injuries
- Repetitive stress damage
- Back and shoulder injuries
- Knee injuries
- Hearing loss
- Burns
- Electrical shocks
- Chemical exposure
Even if you might be partially to blame for your own harm, that’s OK. The system is designed to cover accidental injuries, even those caused by yourself.
What Benefits Are Available to Injured Construction Workers?
Workers’ comp gives you access to benefits such as:
Medical Treatment
All reasonable and necessary medical care is covered, including:
- Doctor visits
- Surgery
- Physical therapy
- Diagnostic testing
- Medications
- Medical equipment
There are no co-pays or deductibles. Treatment must be provided through the employer’s medical provider network unless exceptions apply.
Temporary Disability Benefits
You can receive coverage for a temporary disability. This can help with a portion of your lost wages.
Permanent Disability Benefits
If your injury is long-lasting or permanent, your benefits go up. The amount of these benefits is based on many factors, including a medical evaluation and state guidelines.
Job Retraining (Supplemental Job Displacement Benefit)
If you can’t go back to work at your old job, you could get a voucher to help pay for training to a new profession or skill development.
Death Benefits
Workers’ compensation in California covers burial expenses to the family of a worker killed on the job, as well as some other financial support.
Why Construction Accident Claims Are Often Disputed
Construction injuries are common, but that doesn’t mean insurance companies approve claims easily. Disputes often arise because:
- Multiple contractors or employers are involved
- The insurer argues the worker is an independent contractor
- The injury is blamed on pre-existing conditions
- The worker delayed reporting the accident
- Medical records do not clearly link the injury to work
- The insurer claims the worker was not performing job duties at the time
What to Do After a Construction Injury in California
Taking the right steps early can make a significant difference in the outcome of your claim.
1. Report the Injury Immediately
Tell your supervisor or employer as soon as possible. Delays can lead to disputes or denials.
2. Request and Complete a DWC-1 Claim Form
Your employer must provide this form. Submitting it officially starts your workers’ comp claim.
3. Get Medical Treatment Right Away
Explain clearly that the injury happened at work. Consistent documentation is critical.
4. Keep Detailed Records
Document how the injury occurred, your symptoms, and any limitations you experience.
5. Follow All Medical Instructions
Missing appointments or ignoring restrictions can harm your claim.
6. Seek Legal Guidance if the Claim Becomes Complicated
Construction accident claims often involve multiple employers, subcontractors, and insurance carriers. An experienced workers’ compensation attorney can help navigate disputes, coordinate medical evaluations, and ensure you receive the full benefits you’re entitled to.
Workers’ Compensation vs. Third-Party Claims
Workers’ comp is not the only option for injured construction workers. If someone other than your employer contributed to the accident, such as a negligent subcontractor, equipment manufacturer, or property owner, you may also have a third-party injury claim. These claims can provide compensation for pain and suffering, which workers’ comp does not cover.
Seek Workers’ Compensation Benefits After a California Construction Accident
You work hard and put your health at risk to create the homes we live in, the buildings we work in, and much more. You deserve the workers’ compensation benefits promised you by state law. While insurers may try to deny claims to save some money, we know how to fight back.
Our team at Ratto Law Firm, P.C. provides you with the advice and representation you need. Contact us today for a consultation.