Construction Accident Workers’ Comp Lawyer in San Diego

Common problems with construction injury claims

A job site can have a general contractor, a dozen subcontractors and a staffing company, each with its own insurer. That is where most construction claims get stuck:

• Who was your employer? The first fight is often over which company, and which insurer, is responsible. Your pay stubs and who gave you your daily assignments are the starting point.
• Uninsured subcontractors. Smaller subs sometimes let coverage lapse. When that happens, the general contractor or its insurer may be responsible, or the state’s Uninsured Employers Benefit Trust Fund may pay. You still have a claim.
• “You’re an independent contractor.” Being paid in cash or on a 1099 doesn’t settle it. California looks at the actual working relationship, and many workers labeled contractors are employees for workers’ comp.
• Immigration status. Insurers sometimes ask about it to discourage a claim. Immigration status generally doesn’t affect your right to workers’ comp benefits in California.
• Several employers. Tradespeople and union members move from contractor to contractor. For an injury that builds up over years, such as worn-out knees or a back from decades of heavy work, the claim generally looks to the employers from your last year of exposure, and their insurers may point at each other.
• Union carve-out programs. Some union contracts replace parts of the regular system with their own doctor list and dispute process. The steps are different, and the deadlines still matter.
• Late reporting. Workers often keep going through pain to protect their spot on the crew. California generally gives you 30 days to tell your employer, but every day you wait gives the insurer room to argue the injury happened somewhere else.
• Going back to heavy work. Insurers may push for a release before you can safely climb, lift or work at height, or argue that your restrictions still fit construction work.

When to call a construction injury attorney

Some construction claims go smoothly. Call us if any of these happen:

• Your workers’ comp claim was denied, or it’s stalled while the companies argue over who employed you
• Your employer says it has no insurance, or told you not to file
• You were paid in cash or as a contractor and were told you aren’t covered
• You fell from a scaffold, ladder or roof, or a safety violation played a part
• Another company’s crew, equipment or property was involved
• Your disability checks don’t reflect your overtime or your real hourly rate
• The insurer wants you back on the job before your doctor clears you for heavy work

A workers’ comp lawyer’s fee is approved by a judge and paid out of your award, so there is nothing to pay up front.

When another company caused the accident

Workers’ comp is generally your only claim against your own employer, but it doesn’t shield everyone else on the site. If another subcontractor’s crew, the property owner or the maker of a defective scaffold, ladder or tool caused your injury, you may also have a separate injury claim against them, with its own deadlines. Tell us about every company that was on the job.