Every year, over 5,000 workers lose their lives on the job in the United States – and one in five of those fatalities occurs on construction sites. This is an alarming figure considering construction workers make up only about 6% of the U.S. labor force. In fact, construction has one of the highest injury rates of any industry (about 71% higher than the average for all industries).
If you or a loved one has been injured in a construction accident in Orange County – or if you tragically lost a family member in a worksite accident – you’re likely overwhelmed. Medical bills, lost income, and pain from serious injuries can turn your life upside down. In these difficult times, it’s critical to understand your legal rights and options. An experienced construction accident attorney can help you pursue the compensation you need to rebuild your life.
At Kubota & Craig, we know how devastating a construction site injury can be. Our Orange County construction accident lawyers (also called workplace injury attorneys or jobsite accident attorneys) have the expertise to navigate both California’s workers’ compensation system and third-party injury claims. We are here to answer your questions, handle the legal complexities, and fight for the maximum compensation you deserve. Don’t delay – acting quickly after a construction accident is crucial. The longer you wait, the more time at-fault parties and insurance companies have to weaken your case or run out the clock on important deadlines.
Common Causes of Construction Accidents
Construction sites are inherently hazardous, and accidents happen for many reasons. However, four types of accidents occur most frequently and are so deadly that OSHA nicknamed them the “Fatal Four.” These are responsible for over 60% of all construction-related deaths:
- Falls: Falls from roofs, scaffolding, ladders, or other heights are the leading cause of construction fatalities. Missing fall protection or unsafe scaffolds often play a role.
- Struck-by Object Accidents: Workers hit by falling tools, building materials, swinging cranes, or moving vehicles on site can suffer serious or fatal injuries.
- Caught-In/Between Accidents: These occur when a worker is crushed or pinned between equipment, collapsing trenches, or other objects.
- Electrocutions: Contact with live electrical wires, power lines, or faulty equipment can lead to deadly electrocutions.
Beyond the “Fatal Four,” many other factors contribute to construction site injuries. Our Orange County workplace injury lawyers have handled cases involving: unsafe jobsite conditions, lack of proper safety gear or training, crane and hoist accidents, scaffold collapses, defective or poorly maintained equipment, explosions or fires, and toxic substance exposure. Often these incidents could have been prevented if contractors and employers followed safety regulations.
It’s worth noting that OSHA (Occupational Safety and Health Administration) sets strict safety standards for construction sites. When companies violate OSHA regulations – for example, by failing to provide harnesses or secure trenches – the risk of accidents increases. In some injury cases, OSHA may investigate and issue findings or citations that can support a negligence claim. Employers are legally required to maintain a safe work environment and cannot retaliate against workers for reporting safety issues to OSHA.
Workers’ Compensation vs. Third-Party Claims
After a construction accident, injured workers in California typically have two avenues for compensation: a workers’ compensation claim and/or a third-party personal injury claim. It’s important to understand the difference:
Workers’ Compensation
In California, almost all employers must carry workers’ comp insurance. Workers’ comp is a no-fault system, meaning you can receive benefits without proving anyone was negligent. If you were hurt while working, you are usually entitled to workers’ comp benefits such as payment for medical treatment and a portion of lost wages. However, workers’ comp benefits are limited – you cannot recover damages for pain and suffering or punitive damages through workers’ comp. Additionally, under California’s “exclusive remedy” rule, you generally cannot sue your employer for negligence if they provide workers’ comp coverage. In essence, you trade the right to sue your employer for the (usually) guaranteed benefits of workers’ comp.
Third-Party Personal Injury Lawsuit
If someone other than your employer (a “third party”) caused or contributed to the accident, you can file a traditional negligence lawsuit against that party. Third-party claims are often the key to full compensation. Common third parties in construction accidents include general contractors, subcontractors from other companies, equipment manufacturers (in product defect cases), property owners, or drivers who hit construction workers in work zones. In a personal injury lawsuit, you can claim damages not covered by workers’ comp – like pain and suffering, emotional distress, and the full amount of lost wages and future earning capacity. These lawsuits require proving that the third party was negligent (or liable under a product liability theory) and that their actions caused your injury.
In practical terms, most injured construction workers will file a workers’ comp claim first (since that’s available regardless of fault) and explore whether a third-party lawsuit is an option for additional compensation. For example, if a defective power tool malfunctions and injures you, you would get workers’ comp benefits from your employer and could sue the tool manufacturer for product liability. Or, if an independent subcontractor on the site created a dangerous condition, you might sue that subcontractor’s company for negligence. Having a knowledgeable jobsite accident attorney is crucial – your attorney can investigate your accident from all angles to identify all liable parties beyond your employer.
Exceptions: In certain situations, you may be able to sue your employer directly, but these are rare. One scenario is if your employer fails to carry workers’ comp insurance (which is illegal in California) – then you can sue the employer in civil court for your injuries. Another example is if an employer intentionally harms a worker (extremely uncommon). Our legal team will evaluate whether any exceptions apply, but for most injured workers, the goal is maximizing your recovery through workers’ comp and third-party claims where available.
Key point: Workers’ comp ensures you get some benefits faster, but it often isn’t enough for severe injuries. A third-party claim can provide the full spectrum of damages you need to truly be made whole. Our Orange County construction accident attorneys are experienced in navigating the complex interaction between workers’ comp and personal injury law to get you the best outcome.
Types of Damages in Construction Accident Cases
Medical Expenses
All past and future medical bills related to the injury, including emergency care, hospital bills, surgeries, medications, rehabilitation, physical therapy, and any specialized treatments or equipment (e.g. wheelchairs, home modifications).
Lost Wages
Income lost due to missed work during recovery, as well as loss of future earning capacity if the injury causes a long-term or permanent disability that affects your ability to work. For example, if you can no longer perform heavy construction work, the law factors in your diminished earning potential.
Pain and Suffering
Compensation for the physical pain, discomfort, and suffering you endured (and may continue to endure). Construction injuries can be excruciating and have lasting impacts on your quality of life.
Emotional Distress
Many accident victims experience significant emotional or psychological trauma – such as anxiety, depression, or PTSD – especially after a catastrophic event. These non-economic damages account for the mental anguish and loss of enjoyment of life caused by the accident.
Permanent Disability or Disfigurement
If the injury leaves you with a permanent impairment (for example, paralysis, amputation, vision or hearing loss, severe scarring, etc.), additional damages are meant to compensate for the life-altering impact of that disability.
Other Economic Losses
This can include things like the cost of hiring help for tasks you can’t do during recovery, transportation to medical appointments, or vocational retraining if you must change careers. In a wrongful death case, it includes funeral expenses and the financial support the deceased would have provided.
Punitive Damages
In ordinary personal injury cases, California law also allows punitive damages if the defendant’s conduct was especially egregious (e.g. willful misconduct or gross negligence showing a reckless disregard for safety). These are not common in standard construction accident claims, but in a case of an employer or third party willfully violating safety laws or covering up dangers, punitive damages could potentially be pursued to punish that behavior.
It’s important to note that workers’ compensation by design covers only a subset of these damages – primarily medical bills and a portion of lost wages (as disability payments). It does not cover pain and suffering or punitive damages. That’s why a third-party lawsuit can be so valuable: it allows you to seek full compensation for all your losses, especially the human losses that workers’ comp overlooks.
Our attorneys will work with you and, if needed, medical or economic experts to calculate the true value of your case. We won’t let insurance companies trivialize your pain or undervalue your future losses. Construction accidents often cause severe, long-term injuries – so you need an advocate who will demand every dollar you deserve to cover your long-term care and financial security.
What to Do After a Construction Accident
A construction accident can leave you shaken and hurt, but it’s important to take certain steps as soon as possible to protect both your health and your legal rights. Here are five key steps to follow after a construction site injury in Orange County:
Report the Injury Immediately: Notify your supervisor or employer right away
about the accident and your injury. Under California law, you must report a work injury to your employer within 30 days to preserve your workers’ compensation rights. Don’t delay or try to “tough it out” – reporting triggers the workers’ comp process and creates an official record of what happened. Ask that an accident report be filled out, and keep a copy if possible.
Document the Scene and Witnesses
If you are able, gather evidence at the accident site. Take photos or videos of the area, equipment involved, and any hazard that caused the injury (for example, a broken scaffold plank or exposed live wire). Get the names and contact info of any coworkers or other witnesses who saw what happened. This evidence can be invaluable later in proving fault in a third-party claim. If you are too injured to do this immediately, ask a trusted coworker or family member to help gather information on your behalf.
Seek Prompt Medical Attention: Get medical care right away,
even if you think you’re “okay” or the injury seems minor at first. Some injuries (like internal injuries or concussions) may not show symptoms immediately but can be life-threatening. Go to the emergency room or see a doctor as soon as possible. Be sure to tell the medical staff you were injured on a construction job so they note that in your records. Follow all medical advice and attend any follow-up appointments. Not only is this crucial for your health, but prompt treatment and consistent medical records will also support your claim.
File a Workers’ Compensation Claim
Your employer is required to provide you with a California workers’ comp claim form (DWC-1) within one working day after you report the injury. Fill out the “employee” portion of this claim form and return it to your employer to formally initiate your workers’ comp claim. It’s wise to submit it in writing (keep a copy) and send it via certified mail if you can, so you have proof of the date it was submitted. Once the claim is filed, the employer’s insurance should start covering your medical bills and paying temporary disability benefits if you’re unable to work. (If your employer does not give you the form or tries to discourage you, that’s illegal – talk to a lawyer right away in that case.) Remember, in California you generally have 1 year from the date of injury to file a workers’ comp claim if, for some reason, it’s not taken care of immediately.
Consult a Construction Accident Lawyer
After addressing your immediate medical needs, contact an experienced construction accident attorney as soon as possible. An attorney will advise you on any additional steps to take and ensure critical evidence is preserved. We will conduct a thorough investigation into the accident, handle communications with insurers, and determine if you have grounds for a third-party lawsuit (which could significantly increase your compensation). Getting a lawyer involved early helps level the playing field – remember that the construction company, insurance adjusters, and other parties will already be working to protect themselves. You deserve a legal professional focused on protecting your interests from day one.
Following these steps will put you in the best position to recover physically and financially. Always report any accident and injury – even “small” injuries. What seems minor can later turn into a serious problem if complications develop. By reporting and documenting everything, you protect your right to compensation if you need it. And importantly, do not sign any settlements or give recorded statements to insurance companies before speaking with your attorney. We are here to guide you so that you don’t inadvertently waive your rights.
Why Hire a Construction Accident Lawyer
Construction accident claims can be legally complex, especially when dealing with serious injuries. You might wonder if you really need an attorney. The truth is, having a skilled workplace injury lawyer on your side can make a huge difference in the outcome of your case. Here’s why:
Guidance Through a Complicated Legal Landscape
A construction accident often involves multiple areas of law – workers’ compensation, personal injury, product liability, OSHA regulations, and more. An experienced construction accident attorney understands how these laws intersect. We can advise you on what benefits you’re entitled to under workers’ comp and also pursue additional compensation from any third parties. Without proper legal guidance, you might miss a potential claim or deadline. We make sure all bases are covered so you don’t leave money on the table.
Investigation and Evidence Gathering
Proving fault in a construction accident can be challenging. Who exactly is responsible? Was it a negligent subcontractor, a defective piece of equipment, or the general contractor’s lack of safety measures? Our attorneys will conduct a thorough investigation, often in conjunction with experts such as accident reconstruction specialists, safety engineers, or OSHA consultants. We’ll gather vital evidence – incident reports, safety records, eyewitness statements, photographs, equipment maintenance logs, etc. – to build a strong case of liability. We know what evidence is needed to prove negligence and how to get it before it “disappears” or is covered up by those at fault. This is not something you want to tackle alone while trying to recover from injuries.
Maximizing Your Compensation
Insurance companies (including workers’ comp insurers and third-party liability insurers) often try to minimize payouts. Without an attorney, you might be pressured into settling for far less than your case is worth. We have extensive experience negotiating with insurance companies and opposing lawyers. We understand the true value of your claim – including the long-term costs of serious injuries – and we won’t be intimidated or fooled by common insurance tactics. Our job is to fight for the maximum compensation available, whether through a negotiated settlement or by taking your case to court. In short, we make sure you are not short-changed.
Handling the Legal Stress
After a serious accident, your focus should be on healing and taking care of your family – not on wading through legal paperwork and adversarial claims processes. When you hire a lawyer, we take that burden off you. We deal with the paperwork, deadlines, and legal strategy. We communicate with the insurance adjusters so you don’t have to deal with their calls. If a lawsuit needs to be filed, we draft the filings and represent you in court. Having a trusted advocate handling your case gives you peace of mind and allows you to concentrate on recovery.
Contingency Fee – No Upfront Costs
Hiring our construction accident attorneys costs you nothing upfront. We work on a contingency fee basis, which means we only get paid if we win compensation for you. Our fee is a percentage of the settlement or judgment, agreed upon in advance. If we don’t recover money for you, you owe us nothing. This arrangement ensures that high-quality legal representation is accessible to injured workers and their families, regardless of financial situation. It also means your lawyer’s interests are aligned with yours – we are motivated to get you the largest award possible, because that’s how we are compensated as well. You can come talk to us in a free initial consultation to learn your rights with no obligation.
In summary, a construction accident lawyer is your advocate and protector. Especially in a serious injury case, there’s so much at stake – your health, your livelihood, your family’s future. Our legal team will make sure your case is handled correctly from start to finish, that all deadlines are met (for example, California’s 2-year statute of limitations for personal injury), and that you have the strongest chance of securing the money you need to move forward. When you hire Kubota & Craig, you’re not just getting legal counsel – you’re getting a dedicated team that truly cares about your outcome.
Why Choose Kubota & Craig for Your Construction Accident Case
When it comes to seeking justice and compensation for a construction accident, the attorney you choose matters. Kubota & Craig has built a reputation as one of Orange County’s leading personal injury law firms for a reason. Our experience, resources, and client-focused approach set us apart. Here are some of the benefits of entrusting your construction injury case to our team:
Extensive Experience
At Kubota & Craig, our attorneys have decades of combined experience in personal injury law, including construction accident cases. We understand the nuances of California labor laws, OSHA regulations, and the common tactics defendants use in these claims. Our founding attorneys, Yoshiaki Kubota and Cynthia Craig, are award-winning trial lawyers recognized among the top in their field. (In fact, our firm was honored as one of the Best Law Firms of 2025 by Best Lawyers®, reflecting our commitment to excellence.) When you choose us, you gain a team with the knowledge and skill to handle the toughest construction injury cases – and a track record of success to prove it.
Local Knowledge and Reputation
Our firm is based in Irvine, and we proudly serve clients throughout Orange County. We know the local courts, judges, and even many of the opposing attorneys who represent construction companies and insurers in the area. This local insight can be a real advantage in anticipating the strategies of the other side and effectively advocating for you. We have earned the respect of our peers and the community – our lawyers have been recognized by organizations like The National Trial Lawyers Top 100 and Super Lawyers. When you walk into court with Kubota & Craig, you have an Orange County construction accident attorney with a respected reputation by your side.
Personalized, Compassionate Service
We understand that behind every case is a person whose life has been turned upside down. At Kubota & Craig, you’re not just a case number – you are a valued client whom we truly care about. We take the time to listen to your story, answer all your questions, and keep you informed at every stage of your case. Our attorneys and support staff are responsive and approachable. Past clients often praise our patience, empathy, and constant communication. We believe in providing the same level of dedication to your case that we would to our own family member. You will have direct access to your lawyer and regular updates, so you’ll never be left in the dark. We know this is a difficult time, and we strive to make the legal process as stress-free as possible for you.
Proven Results – Maximizing Compensation
Our firm has a proven track record of securing substantial settlements and verdicts for injury victims. We have recovered millions of dollars on behalf of clients injured in construction accidents, auto accidents, falls, and other incidents. We prepare every case thoroughly, as if it will go to trial, and insurance companies know we won’t hesitate to litigate if that’s what it takes. This reputation as aggressive advocates often leads to better settlement offers for our clients. We are adept at assessing the full value of your losses – including future medical needs and intangible losses – and fighting for every dollar. Our goal is to make sure you have the financial resources to heal and move forward after a construction injury. While no lawyer can guarantee a result, we can promise to pursue maximum compensation with tenacity and skill. (Check out our [Case Results] and client testimonials to see examples of how we’ve helped people like you.)
No Fee Unless We Win
As mentioned, we operate on a contingency fee basis. There is no upfront cost to hire us, and no legal fees at all unless we win your case. This reflects our confidence in our ability to deliver results. It also means you can hire top-notch lawyers without worrying about payment until your compensation is secured. We even advance all case expenses (like hiring investigators or experts) and those are reimbursed out of the recovery. Simply put, we remove the financial risk for you. You focus on getting better; we’ll focus on winning your case. And if we don’t win, you owe nothing. It’s that simple – 100% client-focused service.
Choosing Kubota & Craig means choosing a firm that combines big-firm results with small-firm personal attention. We have the resources of a large firm – including expert contacts and litigation technology – but we give every client individualized care. Our passion is helping injured workers and their families get justice. When you work with us, you get compassionate counsel, fierce representation, and a team that truly has your back from start to finish.
If you or a loved one suffered a construction site injury in Orange County, don’t settle for less than you deserve. Reach out to Kubota & Craig today for a free consultation. Let us put our experience and dedication to work for you, so you can focus on healing while we handle everything else.
Construction Accident FAQs
Below are answers to some common questions we hear from injured construction workers and their families. If you have other questions, feel free to reach out – our Orange County construction injury lawyers are here to help educate you about your rights.
Can I sue my employer for a construction site injury in California?
In most cases, no – you cannot sue your direct employer for a workplace injury. California law makes workers’ compensation your “exclusive remedy” against your employer for on-the-job injuries. Even if the employer was negligent, you are generally limited to filing a workers’ comp claim (which provides benefits regardless of fault). However, you can pursue a lawsuit against any third parties (someone other than your employer or a co-worker) who contributed to the accident – for example, subcontractors, property owners, equipment manufacturers, or contractors from a different company. Suing a third party does not affect your workers’ comp benefits.
There are a few exceptions where you might sue an employer: if your employer does not carry workers’ comp insurance, you can bring a civil lawsuit for your injuries. Also, if an employer intentionally harms an employee, that could allow a suit (this is very rare). It’s best to consult an attorney to identify all possible defendants in your case. In summary, you usually cannot sue your employer, but you can sue others who are responsible for a construction accident injury.
What is the difference between a workers’ comp claim and a third-party construction accident claim?
A workers’ compensation claim is filed with your employer’s insurance after a job injury. It’s a no-fault system that provides limited benefits: coverage for medical bills, rehabilitation, and a portion of lost wages (temporary/permanent disability payments). Workers’ comp is relatively quick but does not compensate you for pain, suffering, or other non-economic losses. You also cannot sue the employer for additional money if they have workers’ comp coverage.
A third-party claim, on the other hand, is a standard personal injury lawsuit against an at-fault party other than your employer. In a third-party construction accident claim, you must prove the other party was negligent (or legally liable) and caused your injury. The benefit is that a successful third-party lawsuit allows you to recover broader damages – not just medical bills and wages, but also pain and suffering, emotional distress, full lost earning capacity, and more. In many construction accidents, both types of claims are pursued: you collect workers’ comp benefits and file a lawsuit against any third party who shares fault (for example, a negligent property owner or equipment maker). This way, you maximize your total recovery. An experienced construction accident lawyer will handle coordination of the two to make sure you don’t double recover the same benefits but also don’t miss out on any compensation you’re entitled to.
How long do I have to file a construction accident claim or lawsuit?
There are different deadlines (statutes of limitation) depending on the type of claim:
- For a workers’ compensation claim in California, you should report the injury to your employer within 30 days of the accident. Failing to report within 30 days could jeopardize your ability to get benefits. After reporting, you need to file the formal workers’ comp claim (by submitting the DWC-1 claim form) as soon as possible. California law generally gives you up to 1 year from the date of injury to file a workers’ comp claim if it wasn’t done earlier, but waiting that long is not advisable – it’s best to initiate the process immediately after the accident.
- For a personal injury lawsuit (third-party claim), California’s statute of limitations is typically 2 years from the date of the accident. If you don’t file a lawsuit within two years, you will likely lose your right to sue forever. For a wrongful death case (if a family member died from a construction accident), it’s also usually 2 years from the date of death. There are some exceptions or shorter deadlines in specific situations – for example, if a government entity is a defendant (like if you were a construction worker injured on a job for a city project), a government claim must be filed within 6 months. These rules can be complicated, so it’s crucial to consult an attorney promptly.
In summary, act quickly. Thirty days to report the injury, and two years to file any third-party lawsuit are general guidelines. It’s best to get legal advice well before these deadlines. If you contact us shortly after your construction accident, we will ensure all timelines are met and your rights are preserved. Don’t wait until the last minute, as valuable evidence could be lost over time as well.
What compensation can I recover after a construction accident injury?
The compensation (damages) you can recover depends on the nature of your claim:
- Through workers’ compensation, you can receive medical care coverage, payments for lost wages (usually about two-thirds of your average wage, up to state caps, for the time you are disabled), and if applicable, benefits for any permanent disability or a job retraining voucher if you can’t return to your old job. Workers’ comp also provides death benefits to the family if the worker tragically died. However, workers’ comp does not pay for pain and suffering or punitive damages.
- Through a personal injury lawsuit, you can seek much more. This includes all of your medical expenses (past and future) related to the injury; all lost income and loss of future earning capacity; pain and suffering and emotional distress; compensation for permanent injuries or scarring; and other out-of-pocket costs incurred due to the accident (for example, hiring home care, modifying your home for a wheelchair, etc.). In a lawsuit you can also claim the value of lost quality of life – things you can no longer enjoy because of the injury. In rare cases involving egregious wrongdoing, punitive damages might be awarded to punish the wrongdoer.
In short, a third-party construction accident claim aims to make you “whole” to the extent money can, by covering both your economic losses (financial costs) and non-economic losses (the human impact of the injury). Every case is unique – for some, lost future earnings might be the biggest component; for others, the pain and lifestyle effects are enormous. Our attorneys will work with you to detail all the ways the injury has affected your life and aggressively pursue appropriate compensation for each element. We want to ensure you have financial security after a serious accident and that you are compensated for your physical and emotional suffering as well.
(Note: If you recover money from a third-party lawsuit after already receiving workers’ comp benefits, you may have to reimburse the workers’ comp insurer for some of the benefits paid. This is called a workers’ comp lien. We will handle those issues to maximize what you keep in hand.)
What if I was partially at fault for my construction accident?
You can still recover compensation even if you were partly at fault, thanks to California’s comparative negligence rule. California follows a “pure comparative negligence” system, which means each party is responsible for damages in proportion to their percentage of fault. For example, suppose an investigation finds that a subcontractor was 75% at fault for a safety violation and you were 25% at fault for not paying attention. In that case, you could still recover 75% of your total damages from that subcontractor (your recovery would be reduced by the 25% share of fault assigned to you). Even if you were 50% or 60% at fault, you could recover the other 50% or 40% of your losses. There is no cutoff in California – theoretically, you could be 99% at fault and still claim 1% of your damages (though such an extreme case would likely not be pursued).
The bottom line: being partially to blame for an accident does not bar you from recovery in a third-party lawsuit. Many construction accidents involve multiple contributing factors, and defendants will often try to blame the worker. Our lawyers are familiar with these tactics and will work to minimize any unfounded blame placed on you. We gather evidence of safety violations, OSHA infractions, and other negligence by the defendants to maximize their percentage of fault. If your own mistake did play a role, we’ll advise you on how that might affect the case, but we will still fight hard to get you compensation for the portion of the accident that wasn’t your fault. (Workers’ comp, by the way, pays out regardless of your own fault, as long as you weren’t intoxicated or violating the law – fault doesn’t reduce workers’ comp benefits.)
How much does it cost to hire a construction accident attorney?
You are entitled to recover all forms of damages that you suffered due to the accident. This includes medical expenses (hospital bills, surgeries, rehab, future medical care needs), lost wages from time you couldn’t work (and future earning capacity if your injuries affect your ability to work long-term), and other out-of-pocket costs. Additionally, you can recover for pain and suffering, which encompasses your physical pain, emotional distress, trauma, and loss of enjoyment of life resulting from the injury. If you have a permanent disability or scarring, that should be factored into your compensation as well. In cases of egregious misconduct by the driver (like DUI), punitive damages might be possible too, though those are less common. Every case is unique – the exact value depends on factors like the severity of your injuries, the clarity of the driver’s fault, and the insurance policy limits available. Some pedestrian accident cases resolve for tens of thousands of dollars, while others (with catastrophic injuries) can be worth hundreds of thousands or even millions. Our attorneys will thoroughly evaluate all aspects of your losses to determine a fair value for your case. We often consult with medical and economic experts to project future costs and ensure we don’t leave money on the table. Our promise is that we will pursue maximum compensation for you. During your free consultation and as the case develops, we can give you a better idea of what range your case may fall into based on our experience with similar cases. Remember, whatever the amount, our goal is to secure every dollar of compensation you deserve so that you are not left footing the bill for someone else’s negligence.
Can my employer fire or retaliate against me for filing a claim?
No. It is illegal for an employer to fire, demote, harass, or otherwise retaliate against a worker for filing a workers’ compensation claim or for reporting safety violations to OSHA. California Labor Code Section 132a specifically prohibits discrimination against workers who are injured and file claims. Employers who retaliate can face serious penalties, and the affected employee could be entitled to reinstatement, back pay, and increased compensation as a penalty to the employer. Similarly, OSHA laws protect workers who report unsafe conditions – an employer cannot punish you for complaining about site safety or for cooperating with an OSHA investigation.
If you suspect any form of retaliation – for example, your boss starts assigning you undesirable tasks, or you’re suddenly laid off after the accident – document it and contact our attorneys immediately. We can take action to protect your job and file additional claims if necessary. Most reputable employers know not to retaliate, but unfortunately it does happen. Rest assured, the law is on your side. You have every right to claim the benefits and compensation you’re entitled to without fear of losing your livelihood. Our firm will aggressively defend you against any retaliatory behavior.
Have more questions? Contact Kubota & Craig at 949-218-5676 or send us a message through our website. We offer free, no-obligation consultations. Our friendly team will be happy to address your concerns and guide you on the next steps. When you’re ready, we can jump into action to protect your rights and pursue the justice you deserve.
Take the first step toward rebuilding your life – call our Orange County construction accident lawyers today for your free case evaluation.