Do I Sue if Injured in a Trench Collapse at Work in California?

 Posted on June 20, 2025 in Workplace Injuries

If you suffered an injury in a trench collapse on a construction site in California, you do not need to sue your employer to recover compensation for your injuries. Instead, you need to file a workers’ compensation claim. California law requires employers to carry workers’ compensation insurance, allowing injured workers an avenue to compensation that offers fast benefits without the need to prove liability. A Gilroy, CA workers’ compensation attorney can help you determine the value of your claim and protect your right to adequate compensation.

What Should I Do After a Trench Collapse Injury on the Job?

The steps you can take in the immediate aftermath of a trench collapse injury on the job include:

• Seek medical attention if you did not receive emergency care.

• Tell the healthcare provider that it was a work-related injury.

• Notify your employer in writing within 30 days, as required by California Labor Code § 5400.

• Document everything, including writing down details of the collapse, photographing the scene and your injuries, and collecting witness information.

• Keep copies of all communication with your employer, especially your written notice. 

How Do I File a Workers’ Compensation Claim for a Trench Collapse Injury in California?

Once you notify your employer in writing, typically by submitting a DWC-1 Claim Form, they are required to complete their portion and forward it to the insurance provider. This is the initial step in your claim. Statute § 5401 allows you up to one year from the date of injury to file your workers’ compensation claim. However, acting fast protects your claim and ensures you get the benefits you need while you heal from your injuries. 

The process may seem straightforward, but mistakes or missing information can delay or jeopardize your claim. An experienced workers’ compensation attorney will ensure your DWC-1 is correctly completed. After filing a claim, you may face issues, such as delayed benefits, denied treatment, or disputes with your employer. If you receive any pushback during or after the claims process, your attorney can step in to appeal denials and represent you in the fight to protect your benefits.

What Benefits Will I Receive From a Workers’ Comp Claim for a Construction Site Injury?

A trench collapse can cause severe injuries, resulting in substantial financial repercussions. The most immediate benefit from a workers’ compensation claim is assistance with medical care. According to Labor Code § 4600, your employer’s insurance must cover all medically necessary services, including doctor visits, surgeries, medications, physical therapy, and more.

Construction work is very physically demanding, and it is not uncommon for an injured worker to need time off to heal. You may qualify for temporary disability benefits, which pay two-thirds of your average weekly pay up to the state’s maximum allowance. For 2025, the minimum weekly rate for temporary total disability is $252.03, and the maximum rate is $1,680.29. If your injuries result in a lasting impairment, you may receive permanent disability benefits, which are determined based on several factors, including your impairment level, the date of your injury, your age, your occupation, and more. 

Contact a Santa Clara County, CA Workers’ Compensation Attorney Today

If you were injured in a trench collapse, you do not need to navigate the claims process alone. Our Gilroy, CA workers’ compensation lawyers have over 20 years of combined experience and a firm history of nearly 30 years serving injured employees in Gilroy. Call 408-848-1113 today to schedule your free consultation.