Workers Compensation

Serious and willful claims are not covered by workers compensation insurance. A construction contractor employer needs immediate representation to limit its liability.

Serious and Willful claims are codified in Labor Code § 4553, which states an employer that is found to have caused an employee’s injury by its “serious and willful misconduct” will be required to compensate the employee in full for the employee’s injuries, plus a penalty of one-half of the total amount of compensation to which the employee is entitled. This includes all temporary and permanent disability, medical and vocational rehabilitation benefits.

Unlike other law firms, Plumtree & Associates is in a unique position to evaluate and defend construction contractor employers that need a defense against serious and willful claims.

Plumtree & Associates understands the construction industry, the everyday workings of a construction business and the unique issues that only a construction contractor employer faces when confronted with workers compensation claims.

Every construction contractor employer with employees is required to have workers’ compensation insurance for its employees. Not carrying workers’ compensation insurance can lead to disciplinary action by the California Contractors State License Board (CSLB) and Workers Compensation Appeals Board (WCAB).

A lack of workers’ compensation insurance may also result in liability that can financially ruin a construction business. But there are steps a construction business can take to resolve or minimize the consequences of a lack of insurance. 

Unlike other law firms, Plumtree & Associates is in a unique position to evaluate and defend an uninsured construction business in need of workers’ compensation defense.   

Plumtree & Associates understands the construction industry, the everyday workings of a construction business and the unique issues that only a construction contractor employer faces when confronted with workers compensation claims. 

A construction contractor employer that discriminates or retaliates against an employee after the employee files a workers’ compensation claim or expresses their intent to file a claim can be fined and liable to the employee for civil damages.
It is important for a construction contractor employer to have legal representation that will defend them against a 132a claim.

Unlike other law firms, Plumtree & Associates is in a unique position to evaluate and defend a construction company (employer) that needs a 132a defense.

Plumtree & Associates understands the construction industry, the everyday workings of a construction business and the unique issues that only a construction contractor employer faces when confronted with workers compensation claims.

Some construction contractor employers choose to follow a self-insured workers’ compensation plan (also known as a “self-funded” plan). This allows the construction contractor employer to assume the financial risk of providing workers’ compensation benefits to its employees. In practical terms, self-insured construction companies pay the cost of each claim ‘out of pocket’ as they are incurred instead of paying a fixed premium to an insurance carrier or to a state-sponsored workers’ compensation fund.

It is important for self-insured construction contractors to retain legal representation with experience in both workers compensation and knowledge of the construction industry.

Unlike other law firms, Plumtree & Associates is in a unique position to evaluate and defend a construction company (employer) who is self-insured.

Plumtree & Associates understands the construction industry, the everyday workings of a construction business and the unique issues that only a construction contractor employer faces when confronted with workers compensation claims.