What Construction Workers Need to Know About California Workers’ Compensation Law

Maison Law supports California employees who get injured or sick on the job. As a construction worker, you’re often vulnerable to unsafe conditions or accidents that could lead to serious injuries or illnesses. In these cases, you have the right to file for workers’ compensation, but it’s important to understand the process. Our lawyers are here to answer your questions and guide you through it. Contact us today for a free consultation.

Should You Get a Lawyer?

Facing an injury or illness at work as a construction worker in California isn’t all that out of the ordinary. But that still means problems for you in terms of your health, income, and general feeling of safety at your worksite. This, in turn, means you’re going to have questions about what your options are and whether or not you should get a lawyer. The answer there depends on your situation. The more hurt you are, the more help you’ll need–either through workers’ compensation or maybe even a lawsuit. Our team can answer these questions and help you through the process by:

• Explaining the process and what your options are
• Gathering and putting together evidence and records
• Negotiating with your employer or workers’ compensation insurer for a settlement or better benefits
• Filing a lawsuit, if necessary

 

If you’re a construction worker or a general contractor who regularly does construction work, you’re likely familiar with the risks of getting hurt on the job. However, when it comes to workers’ compensation, the most important thing to know is that your employer must have workers’ compensation insurance–unless you work for yourself. There’s a process in place to help you if you need to take workers’ compensation, but it’s also important to understand how everything works.

What Do You Need to Know About Workers’ Compensation as a Construction Worker?

Whenever there’s an injury as a construction worker, it’s obviously pretty discouraging. Yet, construction is obviously fairly dangerous and there’s only so much you can do to avoid an injury or illness when that’s your job. Still, given that there’s workers’ compensation and other benefits you can access, you might not know as much about the process. So, here’s what you need to know and what you need to do if you want to take workers’ comp:

• Get medical care – The first thing you should do is get medical attention. Call 911 or go to a hospital or urgent care as soon as possible. If your worksite offers first aid, make sure to use it.

 

• Tell your employer – As soon as you’re injured, report the accident to your supervisor or manager. In California, you need to report any work-related injury within 30 days to be able to get workers’ comp.

 

• File your workers’ compensation claim – Most injuries are going to be covered by workers’ compensation insurance. Ask for the required form, fill it out, and return it to your employer. They will keep a copy, but make sure you get one also

 

• Investigation – The workers’ compensation insurance company will review your claim. This may involve checking your medical records and talking to you and any witnesses.

 

• Medical examination – You’ll likely need to see a doctor selected by the insurance company (known as a Qualified Medical Evaluator) to evaluate your injury and suggest treatment. You can also visit your own doctor for another opinion.

 

• Disability decision – The insurance company will decide whether your claim is valid and what benefits you’ll receive, such as medical treatment, temporary disability payments, or job retraining.

 

• Mediation or hearings – If there are disagreements over your injury or the extent of your disability, you may need to go through negotiations, mediation, or a hearing to resolve the issues.

 

• Return to work – If you’re able to work, your employer might offer you a job that fits your medical restrictions. If you can’t return to your old job, you may receive help with job retraining to find new work.

 

Each case is different. You might recover from your injuries quicker than others, but the main thing is to make sure you follow these steps so you can get the most out of your workers’ comp claim in terms of your benefits.

What Benefits Can You Get in a Workers’ Comp Claim?

Once your workers’ compensation claim is filed, it operates much like a regular insurance claim. This means that you can recover certain benefits and other support from the insurance company based on how strong your claim is. Although your benefits are going to depend on how hurt you are and what actually happened, there’s a set of benefits that’s generally going to be available to you:

• Medical bills – Workers’ comp will pay for your doctor visits, hospital stays, surgeries, therapy, medications, and any other medical treatment you need for your injury, so you don’t have to worry about losing money because of your medical expenses.

 

• Disability benefits (temporary or permanent) – If your injury stops you from working, you can get payments to help replace your lost wages. Temporary disability is for when you can eventually return to work, while permanent disability is for when your injury keeps you from going back to your old job.

 

• Payments for lost wages – If you miss work because of your injury, workers’ comp will help cover part of the income you’re losing while you recover, so you still have some financial support.

 

• Job retraining – If your injury means you can’t go back to construction work, workers’ comp may pay for retraining in a new field. This could include vocational programs, job placement help, or schooling for a new career that fits your physical limits after the injury.

 

• Death benefits for your family – If you pass away because of a work-related injury, your family may receive benefits to cover funeral costs and ongoing financial support to help them cope with the loss of your income.

 

Workers’ comp benefits are probably going to be extremely necessary when you get hurt at work, but arguably the biggest thing you need to know about them is that they run out after a certain period of time–usually you get a maximum of 104 weeks of payments. So, these benefits could run out before it meets all your needs.

At that point,  you may be able to file a lawsuit. This is different from workers’ comp because you’ll need to show proof that someone else caused your injury, but it can lead to extra financial help.

By filing a legal claim, you could get more financial support for:

• Medical bills that workers’ comp doesn’t fully cover
• Ongoing care like long-term therapy or home care
• Lost wages for the income you miss over time
• Pain and suffering, which provides costs relating to the physical and emotional effects of the injury
• Wrongful death expenses for your family if the injury was fatal
  
  

While legal claims take more effort, they can provide more financial support, especially for long-term recovery needs. And remember, our team will be there to support you through each process.

Legal Guidance For Construction Workers From Experienced California Workers’ Compensation Lawyers

If you’re a construction worker who’s been injured or become ill due to unsafe working conditions, you have several options available. Filing a workers’ compensation claim can provide support, but dealing with serious health problems is never easy. At Maison Law, we understand how these challenges affect both your job and your personal life. Our workers’ compensation lawyers are here to guide you through the process. Contact us today for a free consultation to learn more about how we can help you.