Construction work can be very dangerous, but you don’t need us to tell you that. You already know that heavy machinery accidents, scaffolding falls, and dangerous chemical exposure cause daily injuries to California construction workers and tradespeople across the state. Instead, there are some key things you should know about the risks, your rights, and the solutions that could win you substantial compensation.
At Ratto Law Firm, P.C., our California workers’ compensation attorneys know how to help. We help teach you what you need to know and what to do about it after an injury. Schedule a consultation so we can provide you personalized advice and representation.
Common Construction Injuries Covered by California Workers’ Comp
California workers’ compensation covers a wide range of injuries that occur on construction sites, including:
- Falls from heights
- Struck-by accidents
- Crush injuries
- Electrocution
- Burns
- Chemical exposure
- Inhalation injuries
- Repetitive stress injuries
- Hearing loss from prolonged noise exposure
- Lost limbs
- Death
No matter your injury, you should report it right away. Even minor injuries could worsen over time. If you do not report them right away, you may lose your rights to compensation. Early reporting is always a good idea.
Your Rights Under California Workers’ Compensation Law
As a construction worker or other tradesperson, you are entitled to:
- Medical treatment for your injury at no cost
- Temporary disability benefits
- Permanent disability benefits
- Supplemental job displacement benefits
- Death benefits for surviving dependents
Does Fault Matter Under Workers’ Comp?
Unlike most types of legal claims, fault does not matter under the workers’ compensation system. It is designed specifically to compensate you for work-related injuries, without having to prove who was at fault. In fact, even if you caused your own injury, you are still entitled to compensation for your injuries.
This system is meant to reduce the conflict between employees and employers, protect injured employees, and save money across the spectrum. However, some cases require legal intervention, especially if an employer tries to deny a claim.
How to File a Workers’ Comp Claim in California
If you were injured as a construction worker, you should:
- Report the injury immediately
- Discuss it with your supervisor
- Seek medical treatment from a provider on the approved list
- Complete a DWC-1 claim form
- Submit all documents to your employer
- Keep records of all medical visits
- Track missed workdays
- Keep all communications about your injury
The employer must forward your claim to their insurance carrier, which will investigate and determine your eligibility for benefits.
What Deadlines Should I Be Aware Of?
You must report your injury within 30 days of the incident. Reporting it sooner is even better. Failing to do so may jeopardize your claim.
Additionally, you generally have one year from the date of injury to file a formal workers’ compensation claim.
What If Your Claim Is Denied?
If your claim is denied or delayed, you have the right to:
- Request a Qualified Medical Evaluator (QME) to assess your condition
- File an appeal with the Workers’ Compensation Appeals Board (WCAB)
- Hire a California workers’ compensation attorney to represent you
Legal representation can be especially helpful in complex cases involving permanent disability, denied claims, or employer retaliation.
Independent Contractors and Misclassification
Some construction workers are misclassified as independent contractors to avoid paying workers’ comp. However, California law uses a strict “ABC test” to determine employment status.
If you’re treated like an employee, such as taking direction, using company tools, or working regular hours, you may be entitled to benefits even if labeled a contractor.
Work with a Workers’ Compensation Attorney After Your Construction Injury
Construction workers and tradespeople put their health at risk every day. They do this so the rest of us can enjoy the fruits of their labor, from the things we purchases to the buildings where we work and live. The workers’ compensation system is supposed to protect you and compensate you after an accident. We are here to help you get the compensation you deserve.
Our team at Ratto Law Firm, P.C. provides you with the advice and representation you need. Contact us today for a consultation.