Concrete Pouring Workers Comp Attorney sue liable lawyer attorney compensation
You might be shocked to learn that there are nearly 8,500 concrete contractors in California. As a state, California is routinely among the top three states in concrete use each year, primarily due to the massive scale of many of the new buildings and projects in the state. For example, the UC Davis Energy and Efficiency Institute required 77 million tons of concrete during construction. What that means for the workers in the state is that there are always opportunities for those who are or want to learn to be concrete pouring workers.

But before you decide that concrete pouring is the ideal job for you, it is wise to really learn about the hard work that is required to succeed in this profession. Not only is concrete heavy and somewhat awkward when in its liquid or slurry state, but it can be dangerous if you are the person who is moving through the wet concrete, managing the boom during the pour. It takes strength, agility, and concentration to avoid suffering an injury while working to pour concrete.

If you or a loved one has already experienced the challenges of concrete pouring and has suffered harm due to a workplace injury, please know that you are not alone in dealing with the stress, costs, and other challenges of this unfortunate incident. California Labor Law Employment Attorneys Group, instead of suffering and worrying about how to pay medical expenses and live with no paycheck coming in while you heal, reach out to the caring and helpful staff at California Labor Law Employment Attorneys Group for guidance and help in handling this delicate matter. Our office staff can be reached around the clock to provide you with general information and reassurance that there are solutions that will work for you. In addition, they will help you book your free consultation with a seasoned concrete pouring worker’s comp attorney to evaluate your claim and potential for benefits or even a lawsuit.

All we ask is that you contact our staff at your earliest opportunity, as there is a time limit for you to open a claim with the California Worker’s Compensation Program or to pursue legal action. And some of the time limits could be shorter than you might expect.

What You Should Know About Getting Worker’s Comp

The California Worker’s Comp Program was created to protect workers who get hurt on the job from the cost of medical care, the impact of lost wages, and other hardships that were common among victims of workplace injuries. The secondary benefit is that the program drastically reduced the number of lawsuits filed by injured employees against their employers. Workers should also know and appreciate that the program in California is one of the most robust of its kind in the country.

The benefits provided by worker’s comp to a concrete pouring worker who gets hurt on the job are funded through the employer paid fees for the insurance coverage for all of their employees. It is also important to know that all employers in the state are legally required to participate and cover all of their employees. In addition, there are never any fees charged to the employee, there are no co-pays for services, and the employer is never permitted to try to prevent the hurt worker from opening a worker’s comp claim, nor are they permitted to punish or fire the employee for a legitimate worker’s comp claim.

If you get hurt while on the clock and performing the tasks associated with your job of concrete pouring, then you are covered by the worker’s comp program and have the right to open a claim and seek any benefits as needed from the program.

Common Concrete Pouring Accidents

When you think about the working conditions for a concrete pouring professional, you quickly discover that the work is made more difficult by the location of the job and other factors like the weather. It is not uncommon for concrete pouring to be undertaken in the hottest part of the year in California. In addition, the areas around the job site could still be at a very rough grade, so the terrain could pose a safety issue. Finally, it is common for the person pouring the concrete to be in high boots and wading through the concrete as it is poured to manage or control the location of the conveyor used to complete the pour. With these challenges and others, it is not uncommon for a concrete pouring worker to suffer many injuries from these incidents:

  • Slip and fall or trip and fall while walking in the concrete slurry
  • Impact from a falling object on the job site
  • Injuries due to compression or crushing, due to a vehicle striking the worker or another piece of equipment hitting the worker
  • Falls from an elevated platform or work area, such as scaffolding
  • Injuries from damaged or malfunctioning power tools

The Most Common Injuries Sustained By Concrete Pouring Workers

Giving thought to the environment where concrete pouring workers labor, it is not hard to understand how these hard-working tradesmen can suffer many severe injuries. It is disheartening in some cases to think that these people are often innocent victims of one or more of these severe injuries that can impact the rest of their lives:

  • Fractured, broken, or shattered bones
  • Severe lacerations or puncture wounds
  • Damage to internal organs or internal bleeding
  • Soft tissue damage and the destruction of the nerves in that tissue
  • Back, neck, and spinal cord damage
  • Joint dislocations and the destruction of the soft connective tissue of the joints
  • Compound fractures
  • Partial or complete amputations
  • Facial injuries that can involve harm to the eyes, ears, nose, mouth, or the delicate skin on the face
  • Compression or crushing injuries
  • Contact or electrical burns
  • Burns from contact with chemicals
  • Damage to the respiratory system due to the inhalation of chemical vapors or fumes
  • Head injuries that can include a skull fracture, severe concussion, brain bleed or other traumatic brain injuries

How Can Worker’s Compensation Help A Concrete Pouring Worker Who Is Hurt On The Job?

The benefits provided by worker’s comp in California are very generous and include as needed coverage in the following areas:

  • Complete coverage of all medical expenses related to the workplace injuries, with the total coverage per workplace injury incident being $1M
  • Payment of up to 66% of the concrete pouring worker’s regular weekly income if they are off work while they recover from their injuries
  • In the event of more severe injuries that result in a partial or temporary limitation in capabilities and earning potential, the program will provide disability compensation to help cover the impact of the lost earning capability of the victim.
  • If the concrete pouring worker is hurt so severely that they will never be capable of returning to that job, the worker’s comp program will provide free vocational training to help prepare the worker for a new career once they have recovered and are ready to seek employment

Can I Sue My Employer For My Workplace Injuries?

In most cases, a worker who gets hurt on the job is not permitted to sue their employer for personal injuries. The protection from a personal injury lawsuit is the primary benefit provided to employers for their payment of the worker’s comp coverage for their employees. Typically, the hurt concrete pouring worker will need to use only the benefits of the worker’s comp program to cover their losses and expenses.

However, in cases that involve gross negligence on the part of the employer, the victim could have the right to pursue a personal injury lawsuit against their employer. Gross negligence is defined as a complete disregard for the safety of the employee. For example, if a concrete pouring worker reported to their employer that a power tool they use each day in mixing and pouring concrete was damaged and unsafe, the employer should replace the device or, at the very least, have it inspected and any damage repaired to ensure the safety of the workers. If the employer fails to take action and requires the concrete pouring worker to continue using the damaged equipment, the employer could be deemed grossly negligent if that damaged item caused or contributed to the harm of the concrete pouring worker. Please reach out to California Labor Law Employment Attorneys Group today if you feel that your employer was grossly negligent and that caused or contributed to your injuries at work.

How Long Do I Have To Open My Concrete Pouring Worker’s Comp Claim?

The California Worker’s Comp Program is very clear that all claims must be opened within 30 days of the injury incident and that it is the employee’s obligation to ensure the claim is opened, the program has all the vital information, and that the claim will be granted to cover their medical expenses and other losses. If you wait longer than 30 days from the injury incident to attempt to open a worker’s comp claim, it will likely be immediately denied.

If you speak to a California Labor Law Employment Attorneys Group concrete worker’s comp attorney and determine that there could have been gross negligence involved in the incident that caused you harm, you should know that you have two years to file your lawsuit with the court. That time begins on the date of the injury incident and is strictly enforced. If the case is not filed within the two years allotted to all personal injury victims, you will lose the right to pursue legal action related to this matter. In addition, there are minimal exceptions to this time limit that would provide you with added time to take legal action once the original two years have passed. Please reach out to the caring and dedicated office staff at California Labor Law Employment Attorneys Group to learn more about our firm, the services we offer, and how our staff can assist you in getting the worker’s comp benefits you need and deserve.

No Out Of Pocket Costs When You Work With California Labor Law Employment Attorneys Group

After suffering a workplace injury, you are sure to have many questions and concerns. The expert legal team at California Labor Law Employment Attorneys Group is here to provide the information and guidance you need to secure the help you deserve. In addition, we never ask for any upfront payments or fees to begin providing our services. We only get paid once the issues are resolved, and you have the funds needed to cover your legal costs. Finally, if your California Labor Law Employment Attorneys Group concrete pouring worker’s comp attorney fails to win your case and get you the compensation you need, you owe the firm nothing.

Please make time today to reach out to California Labor Law Employment Attorneys Group to learn more about the rules of the Worker’s Comp program and how the system was designed to help workers like yourself so that you can move on with your life instead of struggling and worrying about medical expenses and lost income because of a workplace injury. We are here around the clock to provide valuable information and assistance.

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