Construction Workers Workers' Compensation in California

Many construction workers are misclassified as independent contractors when they should legally be considered employees. Factors include: who controls your work schedule and methods, who provides tools and equipment, whether you work for multiple clients, and the permanency of the relationship. Even if you're paid as a 1099 contractor, you may still be entitled to workers' compensation coverage. An experienced attorney can help determine your true employment status. Additionally, even true independent contractors may be covered if they're working on a job site where the general contractor has workers' comp insurance.

Yes. Immigration status is completely irrelevant to workers' compensation claims in California. You have the same rights as any other worker, and your employer or their insurance company cannot report you to immigration authorities. California law specifically prohibits discrimination based on immigration status in workers' comp cases. Your immigration status cannot be asked about during the claims process, and any attempts to threaten or intimidate you with deportation are illegal and can result in additional penalties against the employer.

Workers' compensation is a no-fault system in California. Even if you weren't wearing required safety equipment, failed to follow safety protocols, or made a mistake that contributed to your injury, you're still entitled to workers' comp benefits. The only exceptions are if you were intoxicated at the time of injury or intentionally hurt yourself. However, if your employer failed to provide required safety equipment or training, they may face additional penalties, and you may have grounds for additional compensation beyond workers' comp.

Yes, construction workers often have third-party claims in addition to workers' compensation. If you were employed by a subcontractor and injured due to unsafe conditions created by the general contractor, another subcontractor, or the property owner, you may have a personal injury lawsuit separate from your workers' comp claim. Similarly, if defective equipment, tools, or machinery caused your injury, you may sue the manufacturer. These third-party claims are not limited to the workers' comp settlement amounts and can include pain and suffering damages.

Temporary disability (TD) payments continue as long as your doctor certifies you're unable to work due to your injury, up to a maximum of 104 weeks (2 years) within a 5-year period from the date of injury. You receive 2/3 of your average weekly wage, subject to annual maximum limits ($1,764.11/week in 2024). If you can return to modified or light-duty work, you may receive reduced TD benefits. Once you reach maximum medical improvement (MMI)—meaning your condition won't improve further with treatment—TD stops and you transition to permanent disability evaluation.

If your injury prevents you from returning to your usual construction work, you may be entitled to: (1) Permanent disability benefits based on your impairment rating and how it affects your earning capacity; (2) Supplemental job displacement benefits (voucher worth up to $6,000) for retraining or skill enhancement if your employer doesn't offer modified work; (3) Vocational rehabilitation assistance to help you transition to a new occupation. In cases of severe permanent disability, you may receive ongoing disability payments for life. An attorney can help maximize these benefits and ensure you're not undervalued.

Construction injury settlements vary widely based on: injury severity and permanence ($45K-$300K+ range), your age and occupation (younger workers and skilled trades typically receive higher settlements), wage loss (both temporary and permanent earning capacity reduction), need for future medical care, and permanent disability rating (percentage of impairment). Falls, crush injuries, and spinal injuries typically result in higher settlements. Many construction cases also include third-party liability claims that can significantly increase total compensation. An experienced workers' comp attorney can provide a more accurate estimate after reviewing your specific case details.

It is illegal for your employer to retaliate against you for filing a workers' compensation claim. Retaliation includes firing, demotion, reduction in hours, harassment, or any adverse action taken because you filed a claim. If you're terminated or face retaliation, you may have a separate claim for workers' comp discrimination under Labor Code 132a, which can result in additional compensation including reinstatement, back pay, and penalties against the employer. While some workers fear industry blacklisting, your claim is your legal right, and California has strong protections against retaliation. Many construction workers successfully file claims and continue their careers.