California Construction Workers’ Compensation
Construction workers and contracting professionals know that on-the-job accidents are common in the construction industry despite their best safety efforts. California law requires all licensed contractors to carry workers’ compensation insurance, even if they only have one employee, because of the risks associated with the job. If an employee gets hurt while operating equipment or is exposed to hazardous chemicals, the construction business owner’s workers’ comp insurance should cover the workers’ benefits.
However, injured construction workers may find it challenging to recover their workers’ comp benefits. An insurance company’s goal is to retain as much money as possible, so they will do their best to deny your claim or get you to settle for a low amount. If you’re a construction worker injured in a construction site accident, your next move should be to consult an attorney. An experienced California construction workers’ comp lawyer understands insurance company tactics and can build a strong claim that meets all the requirements needed so you can receive the compensation you deserve. At KCNS Law Group, we have years of experience helping California workers fight for their right to workers’ comp benefits, so our clients have the financial support they need to get back on their feet.
Common Construction Site Injuries in California
Construction workers perform heavy physical labor, including earthmoving, trenching, and excavation that involves moving heavy items that can potentially lead to overexertion and strain. There are numerous reasons accidents may happen at a construction site, even with safety measures.
Injuries that can cause permanent disability and possibly render you unable to return to your former employment in the construction industry may include:
- Fractured bones
- Nerve damage or paralysis
- Partial or complete blindness
- Loss of limbs or amputation
- Traumatic head injuries
The most common cause of construction site accidents is overexertion and strain. The second most common cause is workers getting struck by equipment or objects. Falls are the third most common cause of accidents that result in severe injuries. Electrical hazards are also present at most construction sites, making electrocution a real and significant risk on construction sites.
Sometimes it’s difficult to know the extent of an injury at the time it was caused; that’s why it’s essential that you still report it to management or the department responsible. If the injury worsens over time or becomes more apparent later, the initial report will help alleviate problems.
If you are injured while on duty on a construction site, you should immediately report it to management and request medical treatment. Your employer is required by law to provide medical treatment for your workplace injury. Construction workers in California are entitled to various benefits after a construction site accident. An expert workers’ comp lawyer can help you build a strong claim and give you an estimated value of how much you could receive in benefits.
What Benefits Can a Construction Worker Recover in a California Workers’ Comp Claim?
When a construction worker files a workers’ comp claim, they may be able to receive the following benefits.
Reasonable and Necessary Medical Expenses
Medical costs associated with your injury will be covered under workers’ comp. This may include:
- Doctor’s visits
- Medical exams
- Hospital stays
- Ambulance rides
- Physical rehabilitation
It’s important to note that disputes may arise when insurance companies refuse to pay for medical treatments they deem “experimental” or “above and beyond” care. However, this decision can be overturned with the help of an experienced attorney.
Wage Loss Reimbursement
When workers cannot fully support themselves during treatment, rehabilitation, or recovery, they can receive financial compensation to compensate for their loss of income due to their injury. Generally, workers receive two-thirds pay. However, the amount they receive in wage replacement depends on the severity and duration of their injuries.
If your injury prevents you from resuming work in construction, you may be eligible to receive education or training to work in a new field that pays a meaningful wage.
In the unfortunate event that a construction worker dies due to a construction site accident, their surviving spouses and dependents can receive compensation for the funeral and burial. They may also receive weekly payments if the construction worker was the family’s breadwinner.
A Third-Party Personal Injury Claim for Construction Site Accident
Most construction workers are covered by their employer’s workers’ comp insurance. In California, under the no-fault system, employers are protected from being sued, and employees can file for benefits regardless of fault. However, there may be a need to file a third-party personal injury claim against a negligent party in some incidents.
The need for a third-party lawsuit may arise if, for instance, the employee was injured while using defective equipment. While there is no need to prove liability during a workers’ comp claim, you will need to prove there is a liable party during a personal injury lawsuit against a third party. Proving liability in a personal injury case can be difficult. Working with a skilled personal injury lawyer is your best bet to pursue compensation.
Consult KCNS Law Group’s Expert California Workers’ Comp Lawyers
A job may have risks, but workers should be able to clock in and feel their safety and health are valued. When construction workers sustain injuries at work, they deserve to be fairly compensated for their losses, whether through workers’ comp or a third-party personal injury lawsuit.
KCNS Law Group has years of experience helping California workers protect their rights. We believe in helping injured workers pursue the compensation they’re entitled to and making sure no insurance adjuster or employer is taking advantage of them.
Schedule a consultation to speak with one of our lawyers today. You can call (818) 937-9255 or fill out our contact form.
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