Maison Law helps people in California that get hurt or sick at work. As a carpenter or other type of employee, you can fall victim to unsafe conditions or accidents that leave you facing injuries or illnesses. In this situation, you can file for workers’ compensation, but there’s still things you need to know about the process. Our lawyers can answer your questions. Contact us today for a free consultation.
What Do Carpenters Need to Know About Workers’ Compensation?
If you’re a carpenter or more of a general contractor that does carpentry work on a regular basis, you’re probably fairly aware of the injury risk that comes with your job. But in terms of what you need to know about workers’ compensation laws, the most important thing you need to know is that your employer is legally required to carry workers’ compensation insurance–unless you’re self-employed.
This is obviously important, especially in the face of potential accidents. But there’s a few other things you need to know about the workers’ comp process:
- Report your injury right away – Tell your employer about your injury as soon as it happens. In California, you have 30 days to report it, but the sooner you do, the better. This helps you get the benefits you need more quickly.
- Getting medical care – Your health is the most important thing. Seek medical help right away. Your employer may send you to a specific doctor, but if it’s an emergency, go to the nearest hospital. Quick medical care also helps document your injury for your claim.
- Filling your claim – After reporting your injury, your employer should give you a workers’ compensation claim form (DWC-1). Fill it out and submit it quickly. This officially starts your claim for benefits. Keep a copy for your records.
- Seeing a Qualified Medical Evaluator (QME) – In the vast majority of cases, you’re going to have to see a Qualified Medical Evaluator (QME). This is a doctor (chosen by the workers’ comp insurance company) who looks at your case independently and gives an opinion about your condition.
- Working with the investigation – Once you file your claim, the insurance company will investigate it. They’ll look at medical records and might talk to you and your employer. Make sure to provide all necessary information to help your case.
- Resolving any disputes – If there’s a disagreement about your injury or benefits, you may need to go through a resolution process. This can involve mediation or a hearing. Having legal help can be beneficial during this time.
While this is a fairly general outline, these steps are going to be present in virtually every workers’ compensation claim that you file as a carpenter. And while it’s clear that you have the right to file one of these claims (in most cases), you still need to know what to watch out for in terms of accidents–and what benefits you can get in a claim.
How Do Workplaces Cause Injuries or Illness For Carpenters?
Being a carpenter is pretty physically demanding, and although accidents can always happen, injuries or illnesses can certainly disrupt your life. Of all the different injuries and illnesses that are covered by workers’ comp insurance in California, many of them can happen to carpenters. However, like any situation, you have to look at the underlying causes to set up your claim. Here’s how workplace accidents can cause injuries and illnesses for carpenters:
- Unsafe conditions – Things like slippery floors, messy workspaces, or bad lighting. For example, if a job site is cluttered with tools and materials, it can cause trips and falls. Poor lighting makes it hard to see hazards, which can lead to accidents while using power tools. Weather issues, like rain or strong winds, can also make it dangerous, especially when working on ladders or scaffolding.
- Not having the right equipment – When carpenters don’t have the right tools or safety gear, the risk of accidents goes up. Using dull or broken tools can cause slips or cuts. If safety gear–like hard hats, gloves, or goggles–isn’t provided or worn, carpenters can be hurt by falling objects or sharp materials. Also, using makeshift tools instead of the right ones can lead to accidents.
- Not enough training – Proper training is essential for safety. If carpenters aren’t taught how to use tools or follow safety rules, they might make mistakes that lead to injuries. For instance, without training on how to safely use a ladder, a carpenter could fall. Training on recognizing hazards can also help workers avoid dangerous situations.
- Lacking maintenance – Tools and equipment need regular maintenance to stay safe. If tools aren’t kept in good shape, they can break or not work correctly, leading to accidents. For example, a power saw that isn’t properly maintained might suddenly stop working or kick back, causing injuries. Other necessary equipment like scaffolding also needs regular checks; if it’s not maintained, it could collapse.
- Understaffing – When there aren’t enough workers on a job site, it can lead to rushed work and mistakes. If carpenters are expected to do too much too quickly, they may skip safety steps or miss hazards. For example, if one carpenter is tasked with completing a project alone, they might take shortcuts or overlook safety protocols, increasing the risk of accidents.
It’s pretty easy to see how these issues and conditions lead to accidents for you and other coworkers. But remember, you still have certain legal rights and options. And it’s these options that can allow you to get benefits that will help you get better.
What Benefits Can You Get As a Carpenter in a Workers’ Compensation Claim?
When you get hurt or sick on the job as a carpenter, one of your main options is to file a workers’ compensation claim. This is effectively an insurance claim that’s going to help cover the losses you go through. While every situation is different, here’s what you can potentially receive when you file a claim:
- Medical expenses
- Temporary or permanent disability benefits
- Lost income or wages
- Job retraining
- Death benefits
The great thing about workers’ compensation is that you don’t have to prove that your employer did anything wrong to receive benefits. However, if your injury is severe, the benefits might not fully cover all your needs. What’s worse, they run out after 104 weeks in California.
In such cases, you may also have the option to file a lawsuit against your employer or others responsible for your injuries, such as the manufacturers of tools or materials you used. The standard of proof in a legal claim is a bit higher, but it also allows you to get additional financial support (called “damages”) for medical expenses, ongoing care needs, lost wages, pain and suffering, and wrongful death expenses.
Free Consultations For Carpenters in California Workers’ Compensation Claims
At Maison Law, our team of workers’ compensation lawyers is here to help you with your claim. We can guide you through the entire process from start to finish, making sure you have the support you need every step of the way. If you’re a carpenter and have been injured at work, contact us today for a free consultation.
