Are Workers’ Compensation Benefits Available to Construction Workers?


Construction work is considered one of the most dangerous forms of employment in the country. The Occupational Health and Safety Administration (OSHO) reports serious and fatal accidents in this industry more often than most others, and year after year. In the average day, a construction worker can encounter electrical, burn, chemical, crush, and fall hazards.

Does the inherent danger of construction work mean that workers in the industry are given workers’ compensation coverage? Not necessarily. The answer is based on each individual case and worker.

No Required Coverage for Independent Contractors

Many construction firms in California and elsewhere do not keep many employees on payroll. Instead, work around a typical jobsite is contracted out to independent workers, called independent contractors. There is no law in California that requires employers to give workers’ compensation coverage or benefits to independent contractors, though.

Of course, this is not always the case. There are construction firms and companies that provide workers’ compensation insurance to all of their workers, even independent contractors. Why would they give you workers’ comp if they could legally not?

When you are provided workers’ compensation coverage and benefits, it is essentially impossible to sue your employer for any of your damages. Any complaint you have after an on-the-job accident will be funneled through the workers’ compensation system, which should guarantee you benefits in exchange for the guarantee that your employer will not be sued. For a company that wants to protect its finances and reputation, electing to provide anyone on their workforce with workers’ compensation coverage is the right choice.

Legal Representation for Injured Employees in Santa Clarita

Are you employed as a construction worker in Santa Clarita, Glendale, or any nearby city? Did you never get a clear explanation from your employer or construction firm if you have workers’ compensation, and now you have been injured at work? To get the answers and legal support you need, come to the Law Offices of Wax & Wax. Our attorneys are always happy to hear from new and returning clients from all industries and backgrounds.

Call (818) 946-0608 to get the legal counsel you need.