Construction Accident Attorney in Tracy

Are Construction Workers Covered by Workers’ Comp in California?

Most construction employees in California are covered by workers’ compensation. State law generally requires employers with at least one employee to carry workers’ compensation insurance, including general contractors and construction companies. California roofing contractors must carry workers’ compensation insurance or a Certification of Self-Insurance regardless of whether they have employees.

Worker classification can affect available claim routes, but an independent contractor label doesn’t automatically decide coverage. California workers’ compensation coverage and employment status depend on the facts of the working relationship. A worker who is unsure about classification can seek a review of the work arrangement and available options.

Common Construction Accidents & Injuries

The Occupational Safety and Health Administration (OSHA) identifies construction industry safety as a major workplace concern.

Construction accidents can occur because of safety standard violations or improper safety procedures, including unsafe scaffolds, ladder hazards, inadequate fall protection, hazardous energy, machinery hazards, and missing protective equipment.

Common construction safety concerns include:

• Improper Fall Protection
• Failure To Properly Communicate Hazards
• Lack Of Sufficient Respiratory Protection
• Unsafe Scaffolding
• Ladder Safety Violations
• Improper Or Lack Of Control Of Hazardous Energy
• Violations Involving The Use Of Powered Industrial Trucks
• Inadequate Training Regarding Fall Protection
• Insufficient Face Or Eye Protection
• Machinery Or Machinery Guard Failures

These safety failures can cause serious or fatal on-the-job accidents.

Some of the most common construction accident-related injuries include:

• Fall-Related Injuries
• Broken Bones Or Fractures
• Accidental Amputation
• Hearing Or Vision Damage Or Loss
• Head Injuries
• Traumatic Brain Injuries
• Spinal Cord Injuries
• Paralysis
• Entanglement Injuries
• Caught-Between Or Crush Injuries
• Internal Bleeding And Hemorrhaging
• Back, Neck, And Shoulder Injuries
• Overuse Or Overexertion Injuries
• Toxic Exposure
• Burns

People with catastrophic injuries may suddenly face physical pain, emotional trauma, and financial hardship. Depending on the severity of the injury, they may be unable to return to work for months, years, or the remainder of their lives.

What Does Workers’ Compensation Cover?

Workers’ compensation is a no-fault system that covers medical treatment and replaces part of the wages lost because of a work injury. Eligible employees may also receive supplemental job displacement benefits, which assist with job retraining and education when a permanent disability prevents them from returning to their previous employment and their employer doesn’t offer suitable modified or alternative work.

Injured construction workers in California may be eligible for workers’ compensation benefits. This may include the following:

• Medical Benefits: Workers’ compensation covers medical care and treatment associated with your work-related injury. This includes surgeries, hospital stays, rehabilitation, medications, medical equipment and devices, co-pays, and follow-up appointments. It also includes mileage reimbursement for travel to and from medical appointments.
• Wage Replacement Benefits: Workers’ compensation also provides wage replacement benefits for injured workers who are temporarily or permanently unable to return to work. This includes temporary partial disability, temporary total disability, permanent partial disability, and permanent total disability.
• Supplemental Job Displacement Benefits: Also known as job retraining benefits, these benefits assist with the costs associated with education and training for new employment when a permanent disability prevents an injured worker from returning to his or her previous job and the employer doesn’t offer suitable regular, modified, or alternative work. Eligibility depends on the circumstances of the claim and injury date.
• Death Benefits: The California workers’ compensation system also provides certain monetary benefits to the surviving spouses or dependents of covered employees who die due to work-related injuries or illnesses. This includes ongoing payments to eligible surviving individuals, as well as compensation for funeral and burial expenses up to a set amount.

Because workers’ compensation is a no-fault system, injured construction workers who are eligible for benefits don’t need to prove that their employer or another party was negligent or otherwise at fault for their accidents, injuries, or illnesses. However, in exchange, covered employees are generally limited in their ability to sue their direct employers after sustaining a job-related injury or medical condition.

When to File a Third-Party Construction Accident Claim

A third-party work injury claim may be available after a construction accident if someone other than the injured worker’s direct employer contributed to the injury. This type of claim involves a person or entity outside the direct employment relationship.

Some examples include:

• When A General Contractor Or Subcontractor Contributed To Unsafe Site Conditions
• When A Property Owner Had Control Over A Hazardous Condition
• When A Product Manufacturer Supplied Defective Construction Equipment
• When Another Non-Employer Party Caused Or Contributed To The Injury

If a general contractor, subcontractor, property owner, or other non-employer party contributed to the accident, a separate claim may be available. Additionally, if a construction worker is injured by a defective product, they could have a claim against the manufacturer in addition to a workers’ compensation claim. A person other than a construction worker who is injured on or near a construction site may also have a negligence claim, depending on the circumstances.

Our construction injury attorneys serving Tracy investigate each claim to determine whether workers’ compensation benefits or a third-party claim may be available.

Get in Touch with Our Team Today

After a construction accident, we can review your employment arrangement, injuries, and claim status, then explain the workers’ compensation benefits and potential third-party claims available under California law.

To date, our attorneys have recovered more than $355 million for injured workers and their families. We offer free initial case evaluations with no obligation, and you don’t pay attorney fees unless we recover benefits. Construction injury claims can involve reporting, medical, and filing deadlines, so it’s important to seek a timely legal review.

Call our office at (888) 740-6434 or submit a free online case evaluation form today to get started.