One of the riskiest jobs in the US is in the construction industry. According to a 2018 study, 11 of every 100,000 construction employees die at the workplace yearly. Construction accidents are never far behind transportation accidents as the most frequent cause of worker injuries, whether fatal or not.

In reality, around 7% of construction employees sustain work-related injuries that necessitate time off for medical care and injury recovery. With so many injuries, it's natural to wonder if unsafe working conditions are to blame.

This article answers frequently asked questions by people who want to know if they can receive compensation for a work-related accident on a construction site in Los Angeles. Contact our workers’ compensation attorneys at The Workers Compensation Law Firm if you cannot find an answer.

What are the Most Frequent Fatal Construction-Related Accidents?

According to the US Bureau of Labor Statistics, 40% of all fatal work-related incidents involve transportation. About 45% of all other fatal accidents in 2018 were common construction-related mishaps, including:

  1. Slips and falls
  2. Machinery mishaps
  3. Exposure to hazardous materials or surroundings
  4. Fires or explosions

The reality is that the most frequent construction accidents account for a sizable portion of the fatal work-related accidents in the United States each year, even if many of these incidents can happen elsewhere, such as in a factory or warehouse.

What are the “Fatal Four,” or the Top Four Fatal Construction Accidents?

According to the Occupational Safety and Health Administration (OSHA), four top categories of construction accidents result in fatalities. These are known as the "Fatal Four." The four accident categories mentioned above might cause roughly 600 fatalities annually.

  1. Nearly 34% of fatal accidents on construction sites involve falls.
  2. Over 11% of all fatalities in the construction industry are caused by workers being injured by objects falling, moving, or swinging.
  3. Electrocutions cause 8.5% of all fatalities in construction.
  4. Other construction workers are killed after being caught, squashed, or crushed by machinery or a structural collapse, such as a wall or roof.

Non-fatal accidents provide additional evidence of the inherent risks of the construction industry. The most frequent non-fatal construction accidents are similar to those mentioned above and include electrocution, slip, trip, and fall incidents, as well as accidents involving scaffolding and ladders.

What is the Occupational Safety and Health Administration (OSHA)?

The Occupational Safety and Health Act of 1970 authorized the United States Department of Labor's Occupational Safety and Health Administration, more commonly known by its abbreviation, OSHA. As a government organization, OSHA's job is to safeguard employees across all industries from harmful working conditions and to further this cause by establishing rules and regulations. Activities on an ongoing construction site are governed by regulations that OSHA provides. OSHA violations are involved in the vast majority of construction accidents, whether they are deadly or not.

What Role Does OSHA Play?

Construction site injuries are one type of workplace injury that may include OSHA standards and a potential OSHA inspection. Even though your employer was irresponsible or committed OSHA violations, your workers' compensation claim is not contingent on who was at fault. Therefore, you are not required to file a lawsuit before applying for benefits under the program.

However, employers subject to an OSHA investigation risk receiving harsh penalties and warnings. Depending on who had managed the job site, when, and to what extent, OSHA fines may be paid by the general contractor or an independent subcontractor. You have the right to report such violations to OSHA if your workplace is unsafe. Workers have the right to attend any inspection to alert the inspector to any infractions they see.

Are My Damages only Limited to Workers' Compensation Benefits?

You generally cannot bring a lawsuit against your employer or a coworker if you file for and receive California workers' compensation benefits for your job-related construction accident. That does not necessarily imply that you have no other options for payment, though.

For instance, a tort claim for defective products may occasionally be brought against a third party, for example, a manufacturer of materials, tools, or equipment. Also, a landlord or an independent contractor can be liable. An expert attorney can search for every avenue of receiving compensation on your behalf.

Does Workers' Compensation Cover All Construction Site Injuries?

The quick answer is that practically all accidents on a job site, such as one for construction or while performing activities linked to the job, will be covered by the employer's workers' compensation coverage. Because workers' compensation in California is a no-fault system, it makes no difference who was negligent or at fault.

There are a few potential exceptions, though. There is an exception to coverage if the employee was under the influence of alcohol or illegal drugs while at work or if the injury was willfully self-inflicted. Furthermore, you cannot additionally collect on workers' compensation if you decide to sue your company.

Workers' compensation ensures they receive full financial and medical benefits when a worker sustains an injury at work. The purpose of the workers' compensation system is to relieve the employee of stress and related medical and financial costs while they recuperate. Workers' compensation insurance will typically pay for workplace injuries as long as the event happened while the victim was performing their duties.

You most likely fall within the umbrella of worker's compensation if:

  • You sustain an injury while carrying out a job-related task. Workers' compensation insurance covers employees compelled to leave their job site if they are hurt while carrying a duty off the job site. For instance, if you were picking up building supplies away from the project site when an automobile accident occurred, you would be covered by workers' compensation insurance because the accident happened while you were engaged in work-related activities.
  • As a result of psychological abuse from an employer, an employee, or work-related stress, you become mentally ill. To successfully file a workers' compensation claim in these situations, documentation from a professional, such as a doctor or psychologist, is required.
  • When exposed to toxins at work, you contract a disease. Toxins exist in workplaces all over the United States yet go unreported for a long time. If you are exposed to asbestos over time, mesothelioma or other malignancies could develop in you. The law requires your boss and the corporation to maintain a safe workplace, and if they do not, you could be eligible for workers' compensation.
  • Your employment circumstances make your current predicament worse. You may be eligible for workers' compensation benefits if your knee, neck, or back discomfort has been made worse by your working conditions.

What Injuries Are Not Covered By Workers’ Compensation?

Benefits are provided through workers' compensation to employees who have been hurt in an accident. If you caused your injury, workers' compensation might not apply to you. Most of the time, workers' compensation ensures that your negligence is protected; yet, there are some circumstances where workers' compensation may be rejected. Your benefits could be withheld if you are intoxicated or your behavior violates the company's code of conduct.

Your claim may also be rejected if:

  • You cause harm to yourself.
  • If you are harmed while playing with a different employee at work.
  • You suffer an injury while intoxicated while using a scaffold or carrying out other tasks at work.
  • You are breaking the law and the company's safety and workplace policies.
  • You become hurt while completing a personal task outside of the job.

Workers' compensation rules protect honorable employees and their families from financial strain in work-related accidents or deaths. To avoid breaking rules that can prohibit you from receiving your workers' compensation benefits, you must become familiar with the workplace safety and regulations at your place of employment. It's important to remember that workers' insurance covers almost all workplace incidents. Please call our offices if any of your rights are being violated.

Is The Property Owner Responsible For Construction-Related Injuries?

The owner of the building that hosts your workplace could be held accountable for damages if their negligence led to your injuries. However, it also depends on whether the property owner had control over how the project was managed and how the building site was kept up.

It is uncommon for a property owner to be held accountable, although it occasionally happens. And if that is the case, your eligibility to apply for benefits under workers' compensation does not end as a result. Remember that the contractor and the property owner are responsible for maintaining a safe working environment. The level of each person's responsibility varies.

How Do I File A Workers’ Compensation Claim?

There are easy steps to filing for workers' compensation.

  1. To submit your case, you should have first obtained written documentation and proof of your accident. You ought to have photos of your injuries and where they happened. It's also a good idea to obtain the names and numbers of everybody who saw the collision.
  2. Second, request a workers' compensation form from your company. If your employer cannot provide one, you can download one at CA.GOV or online at dir.ca.gov/dwc/FileAClaim.htm. After completing the "employee" portion, give it back to your employer.
  3. Third, the "employer" section should be completed by your employer and sent to the insurance provider.

The insurance provider must give you a letter with a response to your claim no later than 14 days after your employer has filed the claim form at your address.

What Benefits Do I Receive If My Claim Is Accepted?

Construction workers sustain injuries that frequently leave them disabled and prevent them from working for weeks or even months. Construction workers are eligible to receive the benefits offered by the workers' compensation program in the event of a work-related injury.

Among the advantages are:

  • Benefits for temporary disabilities offer a wage structure while the person is out of work. Typically, you receive biweekly installments for 2/3 of your monthly salary.
  • Benefits for people with permanent disabilities include wage payments for a significantly longer time and, in some circumstances, supplementary payments.
  • Medical care and expense coverage offer protection for all medical costs and procedures.
  • Death Benefits: Provide cash and other benefits to the employee's family
  • Benefits for vocational rehabilitation, also known as supplemental job displacement (SJDB), give employees the chance to pick up a new skill so they can stay on as employees of their organization.

What Happens During an OSHA Inspection?

The OSHA inspector will meet with the employer, describe the purpose of the inspection, and go over any records the firm may have on accidents and dangers at work. The inspector will physically inspect the workplace while walking around the plant.

An employee representative and the employer may accompany the inspector on the walk-around. Additionally, the inspector will speak with and query the staff. The inspector will inform the employer of any potential violations discovered after the examination.

An Investigation Into My Workplace Injury Revealed That My Company Had Broken OSHA Rules. How Would This Help to Prove My Point?

The answer will determine whether the violation resulted in your injury and the venue where your case is tried. According to some courts, breaking an OSHA law that led to an injury constitutes simple negligence.

What Are the Most Common OSHA Violations?

The most frequent OSHA infractions involve a lack of proper protective equipment, inadequate employee training, and a breakdown in communication between teams working on the same job site. OSHA violation fines are either suggested or required for six distinct infraction categories.

What Is A Third-Party Claim?

In addition to workers' compensation claims, people hurt in construction accidents may be able to file "third-party claims." These claims are often made against a party other than the employer, whose activities may have contributed to or caused the construction accident. Some examples of third parties are general contractors, subcontractors, property owners, and people who make goods that aren't up to par.

What Makes Construction Work So Dangerous?

Various dangers can cause serious or even fatal injuries to people who work in construction. When a scaffold or trench fails, a worker could be hurt. Workers can also be crushed by falling debris, huge machinery, hefty cargo, or cranes. Construction workers often sustain injuries in accidents caused by things like falls, cranes, power tools, live electrical lines, bad weather, not enough supervision, not enough safety equipment, contractors with little experience, etc. The hard work you must do on a construction job hurts your body sometimes, but not all at once.

What About Injuries Not Caused By A Single Incident?

Sometimes, rather than all at once, the physical exertion required for a construction job hurts your body. This does not exclude you from submitting a workers' compensation claim. The effects of chronic overexertion, a bad back, joint issues, muscular strains and sprains, heat stress-related damage to the brain or internal organs, and other conditions may manifest gradually rather than immediately.

Without a clear commencement, it might be difficult to determine the origin and severity of injuries. This alters how you must complete the application and deliver your supporting documentation. Once more, this is an unambiguous indication that you need legal counsel before filing your claim.

What Happens When Exposure Causes Your Condition?

Some injuries are brought on by exposure to toxic substances, for instance, long-term overexertion or a single mishap. This exposure may occur in low quantities over a long time or in high concentrations over a short time. In either case, do not hold off on requesting workers' compensation payments to cover this kind of injury.

Construction workers make up one in every six cases of people with hazardous levels of lead in their system. People exposed to asbestos, coal dust, or silica risk developing "pneumoconiosis" or other long-term respiratory conditions. This damage frequently results in a workers' compensation claim or a lawsuit against the manufacturer.

What is “TD” Versus “PD” in Terms of Benefits?

The workers' compensation insurance for the injured employee's employer will provide temporary disability (TD) benefits every two weeks until the employee is fully recovered and able to return to work. For TD benefits, you typically receive two-thirds of your pre-accident average salary.

Permanent disability (PD) benefits may be provided indefinitely or for at least a long time. PD benefits may be necessary if you can never recover to your pre-accident abilities. The benefits are calculated using a disability rating. The rating is a percentage of how much the injury is thought to have reduced your ability to work.

How Do I File My Workers' Compensation Claim?

The first step is to inform your employer formally about the injury. Then, you must ask them for a workers' compensation claim form that they are required to give you. Once you have completed it and returned it to him, he is required to notify their insurance of your claim request. A personal duplicate of your claim form should be kept for your records, and you might want to consult your attorney before submitting it.

In most circumstances, you must file your claim within 30 days of the injury to retain your workers' compensation benefits eligibility. Even though they have not yet accepted or rejected your claim, the insurer must provide up to $10,000 for any urgent medical needs you might have. Even though you received a first denial or claim reduction, you could always appeal and enter into settlement negotiations. They have 90 days to make that choice.

If I Had A Preexisting Medical Condition, Could I Still Receive Workers' Compensation Benefits?

You are not automatically unable to receive workers' compensation payments if you have a previous condition. For instance, if your back issue existed before beginning employment, but you informed your employer of it early enough, and it worsened because of work responsibilities, you have a strong case.

Your employer and their insurance will certainly raise the question of how much your condition worsened from where it started, how much employment contributed to that worsening, and whether your off-work duties impacted the outcome. It might be easier if you could prove that a specific occurrence caused the acceleration or aggravated your prior condition. If your case involves long-term stress, you will need even more legal know-how to investigate the specifics and make the most robust case to the workers' compensation judge.

What Would Happen If I Was Hurt During a Rest or Lunch Break?

Whether your injury happened during a rest, lunch break, or even during a work event, for example, a party, it has no bearing on your claim. Workers' compensation insurance could cater to the entire list. Do not trust your boss if they tell you that filing a claim after being hurt while on break is unconstitutional. Call your attorney to walk you through how the system operates.

Is Hiring a Lawyer Worth the Money?

You may be concerned about the expense of hiring a workers' compensation attorney to handle your case, but the truth is that if you don't, you could miss out on a lot of possible advantages. Without legal counsel, your chances of receiving a reasonable offer, much less a fair settlement, are feeble. Only a skilled workers' compensation lawyer can ensure that you aren't buried under a mound of medical debt while also having your income reduced or eliminated.

We at Workers' Compensation Attorney offer a free case analysis and charge a fair, reasonable, and competitive rate. We can let you know what to anticipate and take all reasonable steps to hasten the procedure.

Find a Workers’ Compensation Lawyer Near Me

At The Workers Compensation Lawyer Law Firm, we make no claims that the questions above answer every query you might have about submitting a workers' compensation claim after sustaining injuries while working on a Los Angeles construction site. We are here to answer all your questions and handle your issues.

Call us at 424-501-9228 any time, day or night, for a cost-free consultation. We offer no-obligation legal counsel in addition to providing you with an experienced workers' compensation lawyer to review your case. We can start working to obtain a fair settlement right away!