How Long Do I Have to Claim Worker’s Compensation If I Am Injured in a Construction Accident?
Working at a construction site might be one of the most dangerous jobs in America. Construction accidents injure or kill thousands of workers every year. Construction workers account for one in five workplace fatalities in the United States. A construction accident lawyer diligently pursues these claims to ensure injured workers are awarded money for any and all damage suffered.If you have been injured while working at a construction site, any resulting legal claim may be affected by workers’ compensation laws, depending on your employment situation and the extent to which your employer is responsible for your injuries.
What is Workers Compensation?
If you get hurt on the job, your employer is required by law to pay for workers’ compensation benefits. If you are hurt on the job, report the injury or illness to your employer. Your employer must make sure that you have access to emergency treatment right away, whether you suffer a catastrophic injury, or just a minor injury, and may tell you where to go for treatment. Most likely you are not an employee of the federal government, so your workers’ compensation will come from the state in which you are employed.
Steps to Take if Injured on the Job
After notifying your employer of your injury and seeking immediate medical attention, the next step is to fill out a Workers’ Compensation Claim Form (DWC 1) within one working day after you report your injury or illness. Read all of the information that comes with the claim form. Fill out and sign the “employee”portion of the form. Describe your injury completely. Include every part of your body affected by the injury. Give the form to your employer. This is called “filing” the claim form. If you mail the form to your employer, use first-classor certified mail and purchase a return receipt.
You must report your injury to your employer as soon as you can and your employer must supply you with the DWC 1 form to fill out within one working day after the injury. California requires that you notify your employer of the injury, in writing, within thirty days of the injury or within thirty days of suffering temporary disability and you realize the injury was due to work. (California Labor Code § 5412). California also allows you one year to fill out the DWC 1 form, however, delay will cause your benefits to be delayed and may cause other issues.
Although California allows for plenty of time to file your workers’ compensation claim, doing so sooner rather than later is usually ideal for the injured worker. If you’ve suffered an injury at work, contact the experienced construction accident lawyers at Stoner Grannis LLP to pursue the legal remedies to which you are entitled.