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Fighting for Injured Workers Throughout the Central Valley
Male laborer wraps a bandage around his hand and wrist after suffering an injury

Will My Construction Accident Go Through Workers’ Comp?

As you know, construction sites can present seemingly endless hazards to workers and all others on the property. However, you still have the right to expect a reasonably safe workplace and protection against unnecessary risks and harm.

If you’re injured while working construction, you may be able to file a workers’ compensation claim, depending on the status of your employment. Read on to learn more.

Filing a Workers’ Compensation Claim for a Construction Site Injury in California

In general, most California construction worker employees are covered by workers’ compensation insurance. Workers’ compensation is typically a “no-fault” system when it comes to the payment of benefits. That means you don’t have to prove that someone else was responsible for your injury. All you have to prove is:

  • You were injured, and
  • The injury occurred as a result of the course and scope of your employment.

However, if you are an independent contractor, you are not eligible for workers’ compensation coverage. This is because employers are not legally obligated to purchase coverage for independent contractors.

Filing a Lawsuit Outside of Workers’ Compensation

While workers’ compensation is the main form of receiving benefits as a result of a workplace injury, there are several situations that may warrant the ability to sue for damages caused by your injuries.

For instance, you may be able to file a lawsuit if you were hurt as a result of any of the following:

  • Defective product
    • Can warrant a products liability case against the product manufacturer
  • Toxic substance
    • Can prompt a toxic tort lawsuit against the substance manufacturer
  • Your employer’s intentional actions
    • Can warrant a personal injury case against your employer
  • Your employer lacks workers’ compensation insurance
    • Can prompt a lawsuit against your employer in civil court or you may be able to collect money from a state fund
  • A third party causes your injuries
    • Can warrant a personal injury lawsuit against the party that hurt you

If you’ve suffered an on-the-job injury, you may be entitled to benefits. Let us see if we can help you obtain the compensation you are entitled to.

Contact Rancaño & Rancaño, APLC today by calling (209) 850-7379 or by filling out the online contact form with the details of your case to learn more about how we can help you.

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