The construction industry is vital to the economy and touches every aspect of our lives. Unfortunately, the heavy machinery, staggering heights, and dangerous tools make the sector one of the most dangerous. In California, more than one in five work accidents occur in the construction sector. More accidents are likely to occur with the expected expansion and growth of employment opportunities in this industry. Construction injuries are often severe and life-changing. If you survive these accidents, you could end up with hefty medical bills to cover and a disability that could affect your future abilities to work.

The California worker’s compensation system protects most workers in the construction industry. If you suffer an injury at our workplace, you have a right to recover compensation for the damages and losses from your employer. It is not uncommon for employers to deny a claim or offer a lower settlement than you deserve. Therefore, you must seek legal guidance to navigate the process. At The Workers Compensation Lawyer Law Firm, we provide legal advice and representation to battle a worker’s compensation claim in Los Angeles, CA.

Overview of Construction Injury

According to the Bureau of Labor Statistics, up to 800 construction injuries occur annually in California. Every worker in the construction industry must be familiar with the severe risk of accidents and injuries while on the job.  Construction sites for bridge elections, road works, demolitions, or residential construction are hazardous.

The Occupational Safety and Health Administration has regulations on safety at construction work sites. Despite the safety efforts, many construction workers always suffer injuries at work. Like other types of workplace injuries, construction workers have legal rights to be protected and compensated in case of injuries.

Construction injuries are often severe, and their impact on your life may be long-lasting. If you have suffered an injury in a construction work environment, you are entitled to compensation from your employer’s insurance company. Some of the most common accidents that could occur at construction sites include:

Crane Accidents

Most construction sites require the movement of heavy objects that require cranes. When the officials at the construction sites fail to prioritize the safety of the workers, crane accidents can occur. Some of the most common causes of crane accidents include:

  • Improper set-up of the cranes
  • Use of the crane outside of the manufacturer's specifications
  • Contact between the crane and power lines
  • Use of faulty cranes
  • Overload of the machine

Slip and Falls

Most construction work involves working at high heights on roofs, ladders, or cranes. Failure to provide proper fall protection for workers could result in serious falls. Injuries resulting from slips and falls are catastrophic.

Being Hit by Heavy Objects

Construction sites have many moving objects. Heavy machinery is constantly at work to move things around. You could suffer severe injuries if a moving machine, vehicle, or object hits you. Sometimes, you could be stuck between two heavy forces. Most workers who survive being hit by heavy objects at construction sites suffer life-changing injuries and potential disability.

Trench Accidents

Construction projects could involve digging deep trenches for excavations and building foundations. The grounds around these holes are often unstable and can cave in when you put excessive pressure. Collapsing trenches can cause severe damage, including broken bones, suffocation, and death.

Equipment Defects

Poorly manufactured or serviced tools and machinery can fail while workers operate them. A malfunction of this equipment poses a serious risk of injury for the construction worker.

Electrocutions

It is common to have unfinished electrical connections on a construction site. Ungrounded electrical systems increase the risk of electrocution. Electrocutions may result in injuries ranging from severe burns to disruption of body functions or even death.

Common Injuries in Construction Accidents

Construction accidents could result in a range of injuries, including:

  1. Traumatic Head Injuries

Brain injury is one of the most severe and life-changing injuries you can suffer from a workplace accident. Head and brain damage results from an impact on your head or penetration of sharp objects into the skull. Some of the symptoms of brain injury include:

  • Ringing in the ears
  • Dizziness
  • Loss of balance
  • Diminish sense of sight and loss of hearing
  • Muscle weakness
  • Mood changes

You must seek medical care if you experience these symptoms after a workplace accident.

  1. Back and Spine Injuries

Your spinal cord is a critical part of the body. Spinal injury occurs when bones and nerves connect your brain to other body parts. In most cases, the spinal cord suffers from heavy impact from heavy objects. Depending on the nature and extent of the impact, you can suffer partial or total spinal cord injury. Most construction accidents have the potential to cause back and spinal cord injury. You could suffer complications like paralysis and loss of bowel and bladder functions with an injured spine.

  1. Burns

The skin is the largest body organ. Burns from construction work occur due to electrocution or chemical burns. Most burns resulting from these incidents are severe, and you may require extensive surgeries to treat the injury. If you have suffered burns from a workplace accident, you should notify your employer and begin the process of recovering compensation.

  1. Broken Bones

A broken bone may seem like a minor injury in the construction industry. Unfortunately, broken bones are associated with various complications even after the initial injury has healed. Common accidents in the workplace, such as being hit by a heavy object or falling, can result in the breakage of the most robust bones in the body. Broken bones take a while to recover, and you may need to spend thousands of dollars on medical bills.

  1. Amputations

Amputation involves the complete severing of a limb. An amputation could either be traumatic or surgical. Some of the leading causes of amputations in the construction industry are collapsing of heavy objects on your body and tool malfunction.  If your arm or leg suffers severe damage, the doctor can recommend that you have it amputated. Amputations can significantly change your life and ability to work. Therefore, you must file a claim with your employer and recover your benefits.

Filing a Workers Compensation Claim for a Construction Injury

Involvement in a construction accident is devastating. The injuries that result from these accidents can cause severe pain and take an emotional and financial toll on your life. The worker’s compensation system benefits all workers injured at the workplace.

Although you do not need to prove liability for the injuries, you must follow the correct procedures to claim these benefits. The only requirement to file a worker’s compensation claim is that the injury occurred while you were working. The process of recovering worker’s compensation benefits for construction injuries involves these steps:

Notify Your Employer

Under Section 5400 of the labor code, an injured employee must notify their employer of a workplace injury within thirty days. If you inform your supervisor about the injury, you are considered to have given the notice. Unless your delay in notifying your employer about the damage affects them negatively, the delay in reporting will not affect your ability to recover compensation.

Within one day of learning about your construction injury, your employer must provide you with a claim form. You will offer the incident details when filling out the claim form and signing the document. Some of the components required on this form include:

  • Time and date of your injury
  • Description of where the injury occurred
  • Parts of the body affected by the injury
  • Your social security number

The claim indicates that anyone who provides false or fraudulent information to recover undeserving worker’s compensation benefits is guilty of a felony. When you fill the claim form and return it to your employer, there is a section they must fill indicating:

  • The mane of your employer and address
  • The date they found out about your injury
  • The date you received the claim form
  • Name and address of your employer’s insurance company
  • Insurance policy number

Required Notices

When your employer receives the filled claim form, they must send it to the insurance company. The insurer will then provide you with notices on:

  • The procedure the company will use to start your worker’s compensation payouts
  • A description of different types of compensation benefits
  • A clear description of where you can obtain your medical care
  • The function and roles of the treating physician
  • Your right to change a physician or seek an independent opinion on your injuries
  • How to receive medical care before the settlement of your claim
  • Your right to be involved in decisions that affect your claim

Investigation of Your Claim

Once you file your claim, the insurance company has up to ninety days to accept or reject your claim. Your injury is accepted if the insurer fails to decide on the claim within the required time. You cannot wait on the decision of the claim to seek medical care for your construction injuries. Therefore, the insurer must offer you up to $10,000 for treatment.

Before offering the amount you need for treatment, the insurance company can question you on the legitimacy of your injuries and claim. Additionally, you may need to provide your medical records dating before the injury. The insurance company reviews these records to ensure that the damages for which you seek treatment and compensation resulted from the workplace accident.

Compensation Benefits in a construction Injury Claim

The severe injuries from construction accidents attract hefty financial expenses. Before you can return to your everyday life and working capability, you will need medical treatment, physical therapy, and time out of work, depending on the seriousness of your injuries. Filing a worker’s compensation claim means seeking as much assistance as possible to make your life easier and avoid further financial strain. A successfully worker’s compensation claim can see you recover compensation for:

Medical Expenses

Medical expenses for a substantial part of your worker’s compensation benefits. However, an injured construction worker must receive treatment from a physician from the Medical Provider Network. This ensures that the injured workers receive standardized care. The medical professional will offer treatment based on the guidelines and determine the frequency and appropriateness of all treatments needed for a worker’s compensation case.

The physician will treat your injuries until medical treatment is no longer effective in your case. Medical treatment compensation includes any bill you must pay before recovering from your injury. In cases where your injuries take a while, you will recover compensation for current and future medical expenses.

In addition to compensation for medical treatment, you are entitled to mileage reimbursement. Mileage reimbursement is the amount of money you used to travel for medical appointments. This will include travel for procedures or to pick up prescriptions and medical follow-up checks.

Temporary Disability Benefits

When you suffer a construction injury, you may be unable to return to work for weeks or even months, depending on the nature and severity of your injury. Temporary disability benefits cover the lost wages owing to construction injuries. Compensation for temporary disability begins once your employer’s insurance company has ascertained that the damage is work-related. You will not recover these benefits if the insurance company denies your claim.

Before receiving your temporary disability benefits, the physician must report that you cannot work during a particular time or that your abilities are limited to certain activities. Your employer can decide to put you on modified work or pay your benefits. After reporting your condition, the physician will review you every forty-five days. If you believe you cannot work and the diagnosis from the physician is incorrect, you can request an opinion from a different doctor.

You will receive payments for temporary disability every two weeks, and the first payment is made within fourteen days of receiving the doctor’s report. Temporary disability benefits end when:

  • You return to work
  • The doctor advises that you are fit to go back to work
  • Your condition stabilizes, and you are eligible for permanent disability benefits. Temporary disability benefits are limited to 104 weeks, after which you will either return to work or start receiving permanent benefits.

The amount you recover for temporary disability benefits following a construction accident is up to two-thirds of your weekly wage. When calculating the amount you deserve, the insurance company will consider the minimum and maximum amount accepted by the state.

Permanent Disability Benefits

You receive permanent disability benefits as compensation for lost earning capacity resulting from permanent injuries. Whether or not you deserve compensation for permanent disability depends on your disability rating. On a scale of 0-100%, you are considered partially disabled if your injury rating is under 100%. In this case, you are entitled to weekly payments for a particular period.

If you are 100% disabled, you are entitled to disability benefits for the rest of your life. There is an entitlement to pension for workers with an injury rating between 70 and 99%. After the 104 weeks for partial disability end, you will receive an additional amount for the rest of your life.

At a certain point in your treatment, the physician can report that you have reached a permanent status, and more medical treatment and procedures will not change your situation. The maximum amount you can recover for permanent disability is $290 weekly.

Supplemental Job Displacement Benefits

If you are utterly incapable of returning to your job position following the construction injury, you may be eligible for a supplemental job displacement voucher of up to $6,000. If your employer does not want to offer this voucher, offer job modification which must:

  • Offer a commuting distance from your home
  • Offer a salary of up to 85% of what you received before the injury
  • Last up to one year

Within sixty days of receiving the report that your injury is permanent or stationary, your employer must send you the voucher or offer you modified duties. If you receive the supplemental work voucher, you can use it for:

  • Placement and resume services
  • Computer equipment
  • Examination and licensing fees
  • Tools for another training program

Injuries covered by the worker’s compensation

The worker’s compensation scheme in California ensures that all events of work-related injuries are treated with full medical and financial benefits. The construction industry is often hazardous for all workers. Therefore, the worker’s compensation claim exists to free you from the financial expenses associated with workplace injuries. Your injury is most likely covered by the worker’s compensation if:

You suffered the injury while performing a job-related task. There are many dangerous scenarios on a construction site. If you suffer an injury and you are not an employee at the place, your only option is to file a third-party claim against the site owner.

  • You suffer mental disorders as a result of work-related stress
  • You suffer a disease or illness after prolonged exposure to a dangerous environment at the work-place
  • The environment worsens your existing medical condition at the workplace

Statute Of Limitations For A Worker’s Compensation Claim

The statute of limitations is a common defense used by your employer’s insurance company to deny your claim and avoid paying for your benefits. Filing the claim notifies your employer of your injuries, and the clock on benefit recovery starts ticking. After a construction injury, you have up to one year from the date of injury or the last date of your medical treatment to file the worker’s compensation claim.

If your employer fails to inform you of your right to file a compensation claim or denies you a claim form, the statute of limitations will not apply. If you file a claim after the statute of limitations has elapsed, you could lose your right to recover compensation.

What Should I Do If My Worker’s Compensation Claim Is Denied?

Although the worker’s compensation scheme protects all workers, there are situations where your construction injury compensation claim could be denied, including:

  • Failure to seek treatment. After a workplace injury, you must seek immediate medical care. If the injury has developed over time, you must consult with a physician as soon as you find out. Evidence of medical treatment is vital in your ability to recover compensation. Missing out on medical treatment could cause the insurance company to assume that your injuries are not severe.
  • Waiting too long to notify your employer about the injury. After a work-related injury, you must notify your employer so you can begin the claim process. Waiting too long to give notice of injury could increase the chances of a claim denial.
  • Your employer disputes the claim. Your employer will not always receive your worker’s compensation claim lightly. They can fight your claim if your employer does not want to pay you for the injuries. Mostly, your employer has a solid legal team to fight the lawsuit. Therefore, you must hire and retain a knowledgeable worker’s compensation attorney.

You can appeal the decision if your employer and insurer deny your claim.

Find a Competent Workers’ Compensation Attorney Near Me

While the workers at construction sites receive many protections, they often fall victim to serious construction injuries. Construction injuries are severe and can be a source of physical, emotional, and financial stress for you and your family. The no-fault system makes California worker’s compensation benefits available to you regardless of where the fault lies after a construction injury.

The process of recovering compensation is lengthy, and it involves notifying your employer and gathering all the necessary documentation to prove your injuries. Unfortunately, the construction companies and their insurer do not like giving out large payouts, and they will attempt to challenge your claim to justify their low offers. The moments following construction accidents can be traumatizing.

As you recover from the injuries, you are still expected to file the claim within the deadline. Therefore, you must seek the guidance of a skilled attorney to help you navigate your claim. At The Workers Compensation Lawyer Law Firm, we will help you gather the necessary documentation and file a successful worker’s compensation claim. If you want to file a claim with your employer for construction injuries in Los Angeles, CA, you will need our expertise by your side. Contact us today at 424-501-9228.