Construction work can be extremely dangerous and lead to serious, life-threatening injuries. When construction site accidents happen, injured workers may be entitled to workers’ compensation benefits.
At James Koh, we have seen the devastation a construction accident can bring to the injured workers and their families. We understand the physical, psychological, and financial toll of work-related injuries in the construction sector and are committed to helping workers and their families recover the compensation they are owed.
Have you or someone you love been injured in a construction site accident at work? Speak with our construction workers’ compensation attorney James Koh to understand your rights and the workers’ comp system.
Workers’ Compensation For Construction Workers
Workers’ compensation is a form of insurance that provides wage replacement and medical benefits to employees injured in the course of employment. Here’s what you need to understand about workers’ comp in the construction industry:
- Eligibility. Most construction workers are covered by workers’ compensation insurance. In California, employers must provide workers’ comp insurance even if they have only one employee, according to the California Department of Consumer Affairs. Whether you are a full-time, part-time, or sometimes even a subcontractor, you may be eligible for workers’ comp benefits following an on-the-job injury.
- Benefits. If you have been hurt on the job, workers’ comp can cover your medical expenses, a portion of your lost wages, and rehabilitation costs. It may also provide benefits for permanent disability and vocational retraining if required.
- No-fault system. Workers’ compensation is a no-fault system, meaning you can receive benefits regardless of who was at fault for the injury. However, there are certain exceptions to the general rule, such as when an injury is the result of the employee’s intoxication or infliction of self-harm.
Sometimes, workers’ compensation is not the only avenue for a construction worker injured on the job. If an employer’s intentional or fraudulent conduct caused your accident, you might be able to sue outside of workers’ comp. This can result in a larger settlement but requires proving your employer’s liability.
Third-Party Injury Claims For Construction Workers
In certain accidents, a party other than your employer may be liable. In these cases, you might be able to file a third-party claim in addition to your workers’ comp claim:
- Third-party liability. If your injury was caused by someone other than an employer or coworker (such as an equipment manufacturer or a different contractor on the same site), you may be able to file a claim against that third party.
- Combination of claims. Receiving workers’ comp does not necessarily disqualify you from pursuing a third-party claim. The two types of claims can often be combined to ensure you receive full compensation for your injuries.
Each case is unique, so you might want to consider consulting with a construction workers’ compensation attorney to better understand your situation and determine the benefits you could be entitled to.
Workers’ Compensation Process
Understanding the critical steps involved after a construction accident at work is key to ensuring that you receive the benefits to which you are entitled. Typically, the workers’ compensation process consists of the following steps:
Step 1: Report the Injury
Notify your employer immediately or no later than 30 days after the incident occurs. Failing to report within this timeframe can threaten your right to workers’ comp, according to the California Department of Industrial Relations (DIR).
Step 2: Obtain and Fill Out the DWC-1 Claim Form
After you report your injury, your employer should provide you with a claim form (DWC-1) within one working day. Ensure you fill out this form accurately and return it promptly, retaining a copy for your own records.
Step 3: Medical Treatment Authorization
Your employer is expected to authorize medical treatment in accordance with the workers’ compensation claim you filed. This ensures you get the necessary medical attention for your injury.
Step 4: Temporary Disability Benefits
If you are unable to work due to your injury, you become eligible for temporary disability benefits after missing three days of work or if you are hospitalized overnight, according to the California DIR.
Step 5: Claims Evaluation and Denial Process
During this step, the insurance company evaluates the claim. If your claim is denied, the insurer is obligated to send you a denial letter, detailing their reasoning. You have a right to appeal this denial at the Workers’ Compensation Appeals Board (WCAB).
Step 6: Medical Appointments Compliance
It is critical to attend all medical appointments and adhere to the prescribed treatment plans after a construction work injury. Your cooperation and commitment impact not only your recovery but also the claims process.
Step 7: Permanent Disability Evaluation
If you sustain a permanent disability, following your recovery, your doctor will assess the extent of your injury and prepare a report. This assessment plays a crucial role in determining your eligibility and potential amount for permanent disability benefits.
Step 8: Settlement
After your treatment concludes, and any permanent disability is evaluated, negotiations for a settlement or a reward can take place. The amount of the settlement depends on the nature and impact of your injuries.
Common Types Of Construction Accidents
Construction workers face a variety of hazards every time they step onto the worksite. It is critical to understand these dangers to remain vigilant and practice the utmost caution during daily operations. However, accidents may occur even when workers exercise caution.
Construction workers may get injured in a variety of accidents, including:
- Falls from heights. Falls are the leading cause of fatalities on construction sites, according to the Centers for Disease Control (CDC). Workers are at risk of falling from scaffolding, ladders, roofs, or any elevated work areas. Without proper safety measures, these falls can result in serious injuries or even death.
- Struck-by accidents. Struck-by accidents occur when a worker is hit by a moving object. This can be vehicles, falling loads, or flying debris. Such incidents often happen when workers are underneath cranes or hoists or when vehicles are reversing without clear visibility.
- Electrocutions. Electrocution accidents stem from workers coming into contact with live electrical wires or equipment. The extensive use of electrical power tools and machinery on construction sites increases the risk of such dangerous encounters.
- Caught-between accidents. These accidents typically involve a worker being caught, crushed, or squeezed between two or more objects, or struck, caught, or crushed in equipment. Trench collapses are common examples where workers can be buried under soil and debris.
- Exposure to dangerous chemicals or toxins. Hazardous chemicals and toxins, such as asbestos, lead, or silica, are commonly present on construction sites. Workers may inhale or come into direct contact with these substances, which can lead to chronic health conditions or acute injuries.
- Machinery accidents. Heavy machinery accidents can occur due to mechanical failure, human error, or lack of proper training. Backhoes, bulldozers, and excavators present significant threats if not operated or maintained correctly.
- Demolition accidents. Demolition work is inherently risky, with the potential for unexpected collapses and flying debris. If not carefully managed, demolitions can lead to catastrophic injuries among workers at and near the demolition site.
- Crane and forklift accidents. Cranes and forklifts are essential for lifting heavy materials on construction sites, but they can also be a source of devastating injury. Accidents often happen due to tip-overs, falls from cranes, and individuals being struck by forklifts or loads falling from them.
Each year, workers in the construction industry suffer more than 162,000 nonfatal injuries and over 6,700 occupational illnesses, according to the U.S. Bureau of Labor Statistics (BLS). Regardless of how your accident occurs, our construction workers’ compensation attorney James Koh can offer you his highly personalized legal services and guide you through the claims process.
Why Hire A Construction Workers’ Comp Attorney
At one point, an injured construction worker may begin to wonder, “Do I need an attorney to help me secure workers’ comp benefits?” If this question resonates with you, you might want to find out about the key benefits of having an attorney following a construction accident at work.
Legal Expertise
A construction workers’ compensation attorney comes equipped with a deep understanding of the laws and regulations specific to the construction industry. These lawyers possess:
- Knowledge of construction industry standards. They know the ins and outs of construction job sites and the Occupational Safety and Health Administration (OSHA) standards governing them.
- Understanding of workers’ comp laws. They are deeply familiar with state and federal workers’ compensation laws, which ensures your claim is handled correctly and is compliant with all applicable legal requirements.
- Capability to handle complex claims. Construction injury claims can be complicated, which is why having an attorney ensures all the nuances of your case will be addressed properly and in a timely manner.
Guidance Throughout the Process
From the moment a claim is initiated until it is resolved, a construction workers’ comp attorney provides:
- Step-by-step assistance. They guide you through the paperwork, deadlines, and procedures that are part of filing a claim.
- Representation in court. If your case goes to trial, your attorney will be your advocate and voice to ensure that your side is heard.
- Moral support. Being injured can be a stressful experience. An attorney offers support and helps alleviate some of that stress.
Assistance with Insurance Companies
Dealing with insurance companies can be a daunting task. A construction workers’ compensation attorney will:
- Negotiate on your behalf. They have the experience needed to negotiate with insurance companies to get you the compensation you deserve.
- Protect your interests. They know the tactics insurance companies may use to deny your claim or minimize the payout and will protect you from potential pitfalls.
You Are More Likely to Receive the Best Possible Settlement
With an attorney’s negotiation skills and legal knowledge, you:
- Increase your chances. With a skilled attorney on your side, you can increase the likelihood of a favorable outcome.
- Maximize your settlement. Your attorney will know what your claim is worth and will work tirelessly to secure full compensation.
- Get an expert valuation of your claim. An attorney can accurately calculate your losses, ensuring you are adequately compensated.
If you are ready to discuss your case with an attorney, reach out to James Koh. Our California-based construction workers’ compensation attorney can assist you with all aspects of your claim to ensure that you receive the benefits you deserve.
Construction Workers’ Compensation Attorney Frequently Asked Questions (FAQs)
Below are some of the most frequently asked questions about workers’ compensation for construction workers as well as our concise answers to guide you through the process. However, the information below should not be taken as legal advice. Everyone’s situation is unique and requires careful consideration and personalized attention from an attorney.
What does workers’ compensation insurance cover?
Workers’ compensation insurance provides benefits to employees who are injured while on the job. Coverage usually includes medical care benefits, rehabilitation costs, and a portion of lost wages during the period of recovery. If a construction worker suffers long-term or permanent impairments, workers’ comp insurance can also provide disability benefits.
Are all on-the-job injuries covered by workers’ compensation?
Most job-related injuries are covered by workers’ compensation, regardless of who was at fault for the injury. This can include sudden accidents, repetitive stress injuries, illnesses caused by the work environment, and more. However, there are exceptions – such as injuries sustained while the worker was intoxicated or committing a crime – which may not be covered.
Besides receiving workers’ comp benefits, can I file a personal injury claim for a construction injury?
In some cases, you might be able to file a personal injury claim in addition to receiving workers’ comp benefits. This is generally possible if someone other than your employer or a coworker was responsible for the injury. For example, if a defective piece of equipment at the construction site caused the injury, you might have a claim against the manufacturer. Third-party claims can provide compensation for damages not covered by workers’ comp, such as pain and suffering, diminished quality of life, emotional distress, and full loss of income.
How can a workers’ compensation attorney help me?
A workers’ compensation attorney can help ensure that you receive all of the benefits you are entitled to after a work-related construction accident. They can assist with the initial filing of your claim, advocate for your interests in case of any disputes or denials, and negotiate favorable settlements. An attorney can also evaluate the possibility of a third-party claim and advise you on the best course of action to maximize your compensation. Having an attorney handle the legal proceedings allows you to focus on recovery.
James Koh: Contact a Trusted Construction Workers’ Compensation Attorney
As a construction worker, it is essential to know your rights and the types of compensation you may be eligible for if you are injured on the job. If you are ready to discuss your situation with a construction workers’ compensation attorney, contact James Koh today. We can explain your legal options, answer your questions, and help you find a path forward. Reach out now to schedule a case evaluation.
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If you or a loved one has been injured on the job, please contact us to assist you with your workers’ compensation claims.
