Reporting Workplace Injuries: Your Legal Obligations and Rights
Construction sites are some of the most dangerous workplaces in California. Because of the nature of the work—handling heavy machinery, working at heights, and exposure to hazardous materials—there’s always a risk of injury. That’s why it’s important for construction workers to understand their legal rights and obligations when it comes to reporting workplace injuries.
Your Obligation to Report Injuries
Under California law, if you get hurt on the job, you must report the injury to your employer as soon as possible—ideally within 30 days. If you don’t report the injury within this time frame, you might lose your right to receive workers’ compensation benefits. The report can be verbal at first, but it’s best to put it in writing too, so there’s a record.
After you report your injury, your employer is required to provide you with a workers’ compensation claim form (DWC-1). Fill it out and return it quickly. This starts the official claims process.
Your Right to Medical Care and Benefits
Once your injury is reported, you have the right to receive necessary medical treatment through your employer’s workers’ compensation insurance. These medical expenses must be covered by the insurance provider, so you won’t have to pay out of pocket. You also have the right to receive benefits while you recover, including:
- Temporary disability benefits: Payments if your injury prevents you from working temporarily.
- Permanent disability benefits: Compensation if your injury results in permanent limitations.
- Supplemental job displacement benefits: Help if you can’t return to your previous job.
- Death benefits: Payments to your family if the injury results in death.
What If Your Employer Retaliates?
It is illegal for employers in California to retaliate against a construction worker for reporting a workplace injury or filing a workers’ compensation claim. This includes firing you, cutting your hours, or threatening you. If you believe you are being treated unfairly because you reported an injury, you can file a complaint with the California Division of Workers’ Compensation (DWC).
Common Challenges Construction Workers Face
Some construction workers don’t report injuries because they fear losing their jobs or being seen as weak. Others may be unsure if their injuries are serious enough to report. Additionally, some employers might discourage workers from filing claims. These actions are illegal and can put the worker’s health and future at risk.
When to Get Legal Help
If you’re facing challenges while trying to report a workplace injury—such as a denied claim, retaliation from your employer, or confusion about your legal rights—it’s a good idea to speak with an attorney who understands California workers’ compensation laws, especially as they apply to construction workers.
If you’re having issues reporting your injury or claiming your benefits, don’t wait. Call Jonny Law today for a free consultation at 800-566-4868. You deserve to be protected and supported while you recover.
Conclusion
Knowing your obligations and rights when it comes to workplace injuries is crucial—especially in the high-risk construction industry. Report your injuries promptly, understand your benefits, and don’t hesitate to stand up for your rights. Help is available when you need it most.