Construction workers are vulnerable to falls, electrocution, and being struck by falling objects, among other hazards. Working on scaffolding can be a hazardous job, and accidents can happen despite all safety precautions. Workers who have suffered injuries on scaffolding may be entitled to workers’ compensation benefits. If you have been injured in a scaffolding accident, it is essential to understand your rights under workers’ compensation laws.
Navigating the workers’ compensation system can be challenging, and many injured workers struggle to obtain the benefits they need and deserve. This guide answers frequently asked questions regarding workers’ compensation for a scaffolding accident, including what to do if you are injured, how to file a claim, and what benefits you may receive.
Workers’ compensation is insurance that benefits employees who suffer job-related injuries or illnesses. It is a no-fault system, meaning that employees do not have to prove that their employer was at fault for their injuries. Instead, they must only prove that their job duties caused their injury or illness.
If you have been injured on scaffolding, you may be entitled to the following types of workers’ compensation benefits:
It is crucial to speak with an experienced workers’ compensation attorney to learn more about your options for vocational rehabilitation services. These services can be invaluable in helping you regain your independence and financial stability after a scaffolding accident.
If you have suffered an injury on scaffolding, the first thing you should do is report the injury to your employer. Do this as soon as possible, but no later than 30 days from the date of the injury. You may lose your right to workers’ compensation benefits if you fail to report the injury within this time frame. However, there are some exceptions to this rule. For example, if you could not notify your employer due to your injury or other circumstances, you may have additional time to report your injury.
Once you have reported the injury, your employer should provide you with a workers’ compensation claim form (DWC-1) to fill out, or you can obtain one from the California Division of Workers’ Compensation website. You should complete this form and submit it to your employer’s workers’ compensation insurance carrier. The insurance carrier will investigate your claim and determine whether to approve or deny your benefits.
If your claim is denied, you can appeal the decision. You should consult an experienced California workers’ compensation attorney who can help you navigate the appeals process.
Workers’ compensation claims are often more complicated than the personal injury claims you’d file for incidents outside of the workplace. Below are some frequently asked questions about workers’ comp cases in California.
In California, most employers are required to carry workers’ compensation insurance. If your employer does not have insurance, you may still be entitled to benefits from the Uninsured Employers Benefits Trust Fund (UEBTF). You should contact the California Division of Workers’ Compensation (DWC) to file a claim with the UEBTF.
In most cases, employees cannot sue their employers for work-related injuries in California. However, there are some exceptions. For example, if your employer intentionally caused your injury or a third party caused your injury, you may be able to file a lawsuit. You should consult an experienced attorney who can help you determine whether you have a viable legal claim.
In California, your employer can choose the doctor to treat your work-related injury. However, after 30 days from the date of injury, you may be able to change doctors within your employer’s medical provider network (MPN). If your employer does not have an MPN, you may be able to choose your own doctor. You should consult an experienced attorney who can help you understand your rights under California’s workers’ compensation laws.
In California, you have one year from the date of the injury to file a workers’ compensation claim. If your employer knew or should have known about your injury but failed to report it to their workers’ compensation insurance carrier, you may have up to five years to file a claim. However, it is recommended that you file your claim as soon as possible to ensure that you receive benefits in a timely manner.
If you have been injured on scaffolding, you need to understand your rights to workers’ compensation benefits. To ensure you receive the benefits you deserve, you must report your injury to your employer as soon as possible and consult an experienced workers’ compensation attorney.
If you have any further questions about workers’ compensation for a scaffolding accident, we recommend that you consult with an experienced attorney who can provide personalized guidance and advice based on the specific details of your case. Contact KCNS Law Group. Our experienced attorneys can help you navigate the complex workers’ compensation system and fight for the benefits you deserve. Call us at (818) 937-9255 or fill out our contact form to schedule a free consultation today.