Subcontractor Construction Site Injury Attorney In San Diego

More than 95,000 construction businesses were operating in the State of California as of the first quarter of 2024. The California Contractors State License Board reported approximately 285,000 licenses issued in various classifications. These numbers make California home to the largest number of construction businesses in America. Understanding the relationship between general contractors and subcontractors is very important, and when it comes to talking about worker’s compensation, even more so because each may have a role in providing a safe workplace.

With the nature of construction projects, the subcontractor business being labor intensive, and the use of equipment of every size for the specific services they are being paid to provide for the overall project, there is an opportunity for injuries to employees that range from strains and sprains to having thousands of pounds of material potentially crush a body part. If you need a subcontractor construction site injury attorney in San Diego, please know that Normandie Law Firm is knowledgeable and experienced when it comes to the subcontractor business and worker’s compensation in the State of California.

You are likely working in a role that will have you on your feet or in a piece of construction equipment, digging, lifting, dragging, and dropping heavy items; the opportunity for a workplace injury exists. If you get injured at work, we want you to understand that our team at Normandie Law Firm is prepared to assist you with your worker’s compensation claim. Our staff is ready to take your call, no matter what time of day or day of the week you call. Our goal is to give you the information you need when you are injured at work. When you contact Normandie Law Firm, we will get the answers to all of your questions. If your first call doesn’t answer the questions you have, we will schedule a free initial consultation with a subcontractor construction site injury attorney in San Diego as soon as you have time to meet with the team.

In that first meeting, you will be asked to share all the facts about your injury and how it occurred, including the events leading up to the accident, your injury details, the diagnosis, and any other relevant information you believe is essential. One of our primary goals in that meeting is understanding who might be responsible for the accident and where it occurred. While your company is going to be responsible for providing worker’s compensation insurance, any 3rd party that is involved needs to be understood and documented. We will cover the questions on liability and responsibility as they may apply to the resolution process for your injuries.

We will take all of that information and focus on explaining to you how the worker’s compensation program in the State of California is ready to go to work for you. Worker’s comp is going to help you get the medical bills and some of your lost income covered if you miss work because of your injury. One very critical detail about worker’s compensation we want you to understand the very 1st day is that you have a limited amount of time to get a claim filed worker’s compensation in the State of California.

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What Is The Time Limit To File A Worker’s Compensation Claim in California?
In the State of California, the time limit to file a claim with the worker’s compensation insurance program is 30 calendar days. The time period begins on the date of the accident. If you need help in opening the claim, or your employer attempts to stop you from using the worker’s comp system and its benefits, do not wait to call Normandie Law Firm to get us involved and working for you before that 30-day deadline arrives. If you wait longer than 30 days, your claim will be denied. This is a rule that is strictly enforced in California. There are some exceptions to that 30 day time limit for injuries that are a result of what is called cumulative trauma.

What Is A Cumulative Trauma Injury?
Cumulative trauma is defined as the cause of injuries that have occurred as a result of actions taken over a period of time. Most of the time, they are repetitive actions like the lifting of heavy items, leading to a back injury. If you are diagnosed with a cumulative trauma injury, you are still allowed to file a claim under worker’s compensation even though it didn’t just occur. The time limit to file a claim with worker’s compensation in the State of California for a diagnosed cumulative trauma injury is 1 year, and it starts on the date of the first day of work you missed due to the injury or pain it is causing you.

Common Injuries And Workplace Hazards In The Construction Business
Many jobs have some common injuries caused by the role you perform and the environment you work in every single day. What is unique about construction businesses is that any particular subcontractor could be delivering services specific to the project. Even the smallest of construction projects is going to encompass things like heating and cooling, plumbing, electricity, interior and exterior structural service, as well as things like security, low voltage services, landscaping, non-foundation concrete and paving, and painting. Even with all those different jobs being done in a short period of time, there are some injuries they have in common. The various injuries and hazards that Normandie Law Firm regularly sees include slip or trip and falls resulting in body injuries and run all the way to machinery accidents as well as electrical shocks.

• Broken or fractured bones, including skull fractures from falling into open holes or trenches, and heavy material falling like roof tiles and HVAC equipment
• Sprains that damage the connective tissue of joints or complete dislocations when moving material across a job site
• Back, neck, and spinal cord injuries are due to the amount of lifting that goes on
• Exposure to prolonged loud noises at a damaging level caused by tools, a generator, and heavy equipment
• The hazards you might find, and they may or may not be related to your job and role, are:
• Malfunctioning equipment in common use, leading to shocks or burns
• Environmental issues like fire or flooding

If you have been injured working as a subcontractor, Normandie Law Firm recommends that you get a complete medical exam when you are treated. The injuries you may have need to be found immediately and treated so you can return to work safely. It is common for someone who is injured to experience shock. It can be a challenge to link injuries that are not diagnosed during your first treatment to your accident. Please do not wait to seek treatment if you have been injured at work.

How Do I Know If My Injury Will Be Covered Under Worker’s Compensation?
Any injury that an employee suffers while at work and in the course of doing their job will usually be covered under the worker’s compensation program. There are some examples of injuries happening at work that would not be covered. They are generally found not to have been work-related due to the actions of the employee. If an attempt at self-harm, or being under the influence of drugs or alcohol, is the cause of the injury, the worker’s compensation program will likely not cover the claim. Each company is required by law to purchase the worker’s comp insurance program and to pay the costs in order to provide the coverage for all employees. It is important to note that only your company covers you for worker’s compensation insurance. The employer, under penalty of law, is not permitted to stop an injured employee from contacting the program for support or from creating a worker’s compensation claim for any injury that happens at work.

What Are The Benefits Offered By The Worker’s Compensation Program In California?
Each employee who is covered by worker’s comp insurance may receive injury benefits that include:

• Up to 1 million dollars in medical care coverage for both hospital and doctor’s bills, the cost of medical devices like a cane, wheelchairs, braces, or crutches, your prescription medications, therapy, and rehabilitation, all on a per incident basis
• Any employee who is unable to return to work until they have recovered from their injuries may get up to 66% of their regular weekly income from the program to support themselves and their families
• If an employee suffers from severe harm and they have long-term limitations or disability due to a workplace injury, the program offers long-term disability payments
• If an employee has an injury that will stop them from returning to work in their current role, they will be eligible for free vocational training so they can get a new job

Can I File A Personal Injury Lawsuit If I Have Been Hurt At Work?
Based on the rules around worker’s comp, you are not allowed to sue for being injured at work. Worker’s compensation is insurance and is referred to as an exclusive remedy for workplace injuries. What it means is that an employee who is hurt at work and files a claim with worker’s compensation is not going to be permitted to file a personal injury lawsuit against their employer, or a property owner, for the same injuries. The employer or property owner liability in regards to the cause or hazard dealing with your injuries may be something you can sue them for. What this requires is the ability to prove that the third party is guilty of gross negligence.

California law defines gross negligence as willful misconduct or a reckless disregard for the safety of others. Some very basic examples of this include:

• Equipment that is dangerous to use in its present condition, which the company is aware of
• The creation of a known hazard on property that is an obvious danger, like an exposed live wire
• The failure to properly train an employee on the use of dangerous equipment

If gross negligence is suspected and can be proven, you can file a personal injury lawsuit against the entity that is responsible, and the court will award damages. You are not permitted to sue for damages received, such as your medical bills or lost wages that you have already received from worker’s compensation, only for things you have not been compensated for. If you suffered an injury and have questions about lawsuits and liability, Normandie Law Firm will help you find the answers.

Normandie Law Firm Policy On Upfront Expenses
When you hire a Normandie Law Firm subcontractor construction site injury attorney in San Diego, you will not be charged any upfront legal fees. If we fail to win your case, you will not owe the Normandie Law Firm anything. Please do not hesitate to contact Normandie Law Firm about any questions or concerns you have while going through the worker’s compensation process.

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