If you work in the California construction industry, the average amount of time you could spend away from work if you suffer an injury is 10 days. According to Cal/OSHA data, California construction workers face higher risks of falls, struck-by incidents, and caught-in/between accidents compared to many other industries. Depending on your injuries, you could spend a significantly higher amount of time away from work.
While you should focus on your recovery, financial issues could plague you. In many cases, if you aren’t working, you aren’t making money. Adding to the pressure of lost income are the medical expenses you accumulate while receiving the care you need to recover. You may decrease your chances of suffering an injury by understanding the most common incidents leading to injury.
Did You Slip, Trip, or Fall?
If you fell, it was more than likely from a height. This tends to make up the majority of falls in the construction industry. According to Cal/OSHA Title 8, Section 1670, employers must provide proper fall protection systems when working at elevations of six feet or more.
To protect yourself, consider the following tips regarding safety:
- Make sure that the surfaces you will walk on are not covered in debris or construction materials lying around causing hazards.
- Make sure you request and use fall protection equipment like harnesses, lanyards, guardrails, and safety nets.
- Make sure you inspect the fall arrest system provided to you to ensure it all works as designed and does not require any repairs.
- Cal/OSHA reports that falls account for over 35% of fatal construction accidents in California. Employers who fail to provide fall protection may face fines exceeding $25,000 per violation.
You may be able to keep yourself from becoming part of the statistics regarding construction slips, trips, and falls by thinking about the above.
Did an Object on the Construction Site Strike or Pin You?
Construction sites are full of equipment, materials, debris, and more. You could end up struck by just about any of them, including vehicles. Moreover, you could end up pinned or compressed between objects. As you can imagine, severe injuries could result.
In addition to remaining alert at all times while you work:
- Avoid standing under suspended loads or areas where work is being performed overhead.
- Use netting or lanyards to secure materials that could fall on you.
- Always wear your Cal/OSHA-compliant hard hat while on the job site.
OSHA’s Fatal Four hazards list includes struck-by and caught-in/between incidents, which cause approximately 15% of construction fatalities nationwide.
Did You Suffer Injuries Due to Some Other Incident?
Other than the two incidents above, you could be involved in a vehicle accident, an overexertion injury, or toxic exposure. The equipment, materials, and work that go on at construction sites make your job one of the most dangerous out there.
Real-World Case Example: Juan’s Story
Juan, a 29-year-old laborer, was exposed to silica dust on a demolition site in San Diego. Despite wearing a dust mask, no proper respirator was provided. He developed a severe respiratory condition, resulting in a $60,000 workers’ comp settlement, covering medical expenses, lost wages, and ongoing treatment.
Even if you take all the precautions possible, injuries still happen. Fortunately, you can turn to the workers’ compensation system for assistance with your medical bills, lost income, and other needs.
How to File a Workers’ Compensation Claim in California
If you suffer an injury on the job:
- Report the injury to your employer within 30 days.
- Complete and submit the DWC-1 Claim Form.
- Get medical treatment from an approved provider.
- Keep records of all medical visits, time off, and related documents.
California law guarantees benefits such as:
- Medical treatment at no cost to you.
- Temporary or permanent disability payments.
- Vocational rehabilitation services for retraining if you cannot return to your prior job.
- Compensation for lost wages and permanent impairment.
Even if your employer did not provide proper safety equipment, you are still entitled to these benefits. Under California Labor Code 6400-6401, employers must maintain a safe workplace and correct hazards.
The Financial and Legal Impact of Construction Injuries
- Average claim for a serious injury in California construction: $45,000-$85,000.
- Average days lost per injury: 10+ days, often much more for serious cases.
- Cal/OSHA fines for safety violations: $18,000+ per serious violation, higher for willful or repeat offenses.
- Retaliation for filing a claim is illegal under California Labor Code 132a.
FAQs: Construction Safety and Workers’ Comp in California
What are the most common construction injuries in California?
Falls, struck-by incidents, caught-in/between hazards, overexertion, and toxic exposures.
How do I file a workers’ compensation claim?
Report your injury within 30 days, submit a DWC-1 form, and get medical care.
What happens if my employer didn’t provide safety gear?
They may face penalties, but you can still file a claim for benefits.
Can I get vocational rehabilitation if I can’t return to my job?
Yes, California offers vocational rehab services to help injured workers return to the workforce.
Does Cal/OSHA investigate construction sites?
Yes. Cal/OSHA inspects sites for compliance and investigates reported injuries.
Need Legal Help After a Construction Injury?
Injured on a California construction site? Don’t navigate the complex workers’ comp process alone. At Hussain & Gutierrez, we fight for construction workers’ rights, ensuring you receive the medical care, lost wages, and benefits you deserve.
Contact us today for a free consultation: Hussain & Gutierrez Workers’ Compensation Attorneys
