Construction Accident Attorney in Oakland
Put 130+ Years of Experience in Your Corner
Everyone has the right to a safe work environment, even if the work you do is somewhat riskier than most. Between the heavy machinery, ever-changing work environment, and potentially dangerous tools, construction work has no end of safety threats, which makes it all the more important that you protect yourself, physically and legally. Our qualified Oakland construction accident lawyers want to help you with your workers’ compensation claim and see to it that you receive fair compensation.
If you are mourning the loss of a loved one who was injured while working construction, we can help you with your wrongful death case each step of the way. With over 130 years of legal experience, our construction injury attorney in Oakland have the skill, familiarity and drive to help you seek justice for the pain and damage you’ve suffered.
Are you a construction worker who was injured on the job?
Call us at (888) 740-6434! We are located in Oakland and Concord.
You Are Eligible for Benefits Under Workers’ Comp
Every business is required to have workers’ compensation insurance to provide essential benefits to employees, should they be injured on the job. If you were injured while working, you should have access to these benefits if you file a claim.
Workers’ Compensation benefits can include:
- Medical care
- Compensation for lost wages
- Temporary or permanent disability
- Death benefits
Your workers’ comp benefits are typically “no-fault,” meaning they are applicable regardless of whether the negligence that caused the injury was caused by the employee or employer. By filing a workers’ compensation claim you are not starting a lawsuit, you are requesting the benefits that are due to you. Typically, this is the most beneficial course to take.
Third Party Liability
Unfortunately, workers’ compensation does not always cover all of the expenses resulting from a work injury. For example, it may not include payment for wages lost while out of work, or may only pay part of the medical bill or drug costs. Perhaps there were other parties responsible for your injuries, such as a general or subcontractor, the construction manager, architect, installer of site equipment or manufacturer of the site tools. If so, you may be able to pursue compensation by filing a lawsuit against a third party that was also responsible for your injury.
We have Helped OVER 8,000 CLIENTS aND WE CAN HELP YOU TOO!
-
Thank you for being so kind and completely sympathetic to my case!
“I started my fight against my company's workers comp and after talking to Almarie for the first time I already felt a lot of weight off my shoulders. It feels nice to have someone fighting for your rights but also keeping you in check for your own good.”
Jazzie D. Daly City, CA -
They took care of me!
“Bilal worked on my case and he was very professional, friendly, and kind to me. I was so nervous about my deposition and he made me feel very comfortable and less stressed about the whole situation.”
Gabi O. Sacramento, CA -
The most down to earth team I have ever met!
“They have strong communication and I was respected throughout the whole process. They had never given up on me!”
Nekealla C. Tracy, CA -
I'm forever grateful & thankful to all!
“I especially want to thank Mr. Jason Insdorf, who worked in attaining a settlement I never expected.”
L.S. Union City, CA
Construction Worker Injuries
The Occupational Safety and Health Administration, under the Department of Labor, has a set of safety standards every employer must follow. If the negligence of your site manager, subcontractor, or another party relating to your construction site, somehow caused your injury, you may have a case against them.
Common construction site injuries include:
- Falls
- Repetitive strain
- Electrocutions
- Burns
- Eye injuries
- Broken bones
- Head trauma
- Lifting injuries
- Occupational diseases
Get the Compensation You Deserve, Today
Filing claims and dealing with third-party lawsuits can be difficult to handle while you are trying to heal from an injury or coping with the loss of a loved one. Our Oakland construction injury lawyers at Pacific Workers', The Lawyers for Injured Workers understand how overwhelming workers’ comp may seem, which is why we are dedicated to fighting for your rights on your behalf. Trust our experienced legal team to handle the paperwork and legal issues while you concentrate on recuperating.
Don't wait to get help! Contact a construction accident attorney in Oakland to schedule a free consultation today!
California Construction Accident Statistics
Data proves that the construction industry is one of the most dangerous industries for workers. In fact, according to a study from the California Department of Industrial Relations Division of Occupational Safety and Health, the construction industry has the second highest number of worker fatalities in the state of California.
The report, which analyzed data collected over an 18-year period between 1999 and 2017, also revealed that:
- Overall, work-related fatalities have declined, with fewer than 400 workers dying in 2017 as opposed to approximately 600 in 1999
- However, there were still 376 work-related deaths in 2017, with 69 of those deaths occurring within the construction industry
- Construction accident fatalities accounted for 16% of all work-related fatalities in California in the time period ranging from 2013 to 2017 with a total of 309 deaths
- In 2017, 32 construction-related fatalities resulted from slips, trips, falls, and transportation incidents
- The average fatality rate in the California construction industry during the time period between 2013 and 2017 was 5.8 for every 100,000 workers
Additional construction accident statistics:
- According to OSHA, one in five work-related deaths involves a construction industry worker
- In 2018, construction worker fatalities accounted for 47% of all work-related fatalities in the U.S.
- Approximately 1 in 10 construction workers in the U.S. will be injured on the job
Workers' Comp FAQ
-
Am I Eligible for Workers’ Compensation?
In California, all employees are eligible for workers’ compensation with very few exceptions. If you are classified as an “employee” (rather than an “independent contractor”), you are eligible to receive benefits. This is true regardless of how many employees your employer has, how many hours you work, how much you make, whether you work part-time or full-time, or whether you are a seasonal worker. Additionally, undocumented workers are also eligible for workers’ compensation granted they meet all other eligibility requirements. In contrast, independent contractors and certain other workers, including some volunteers, household workers who are employed by a family member, and others, are not able to file for workers’ compensation benefits.
-
Can't I Just File for Workers' Compensation on My Own?
Filing for workers' compensation on your own increases the chances that your claim will be denied. One small misstep can prevent you from obtaining the compensation you need for your injuries. In addition, the process is usually complex and tedious, especially for someone with no workers' compensation law experience. It is extremely advantageous that you seek reliable and experienced legal guidance for your claim.
-
What Can I Expect from the Workers' Compensation Process?
As soon as you reach out to us for help, we will assign you a full-time case manager and attorney. An application will be filed with the Workers' Compensation Appeals Board (WCAB) on your behalf. We will get started on your case immediately to help you receive the medical care you need. If we are unable to receive a fair settlement from the insurance company, we are ready and willing to take your case to trial. After a few months, you will most likely give a deposition. One of our highly experienced attorneys will prepare you and stand at your side the entire time. You don't even have to attend court hearings! One of our trained hearing officers or attorneys can attend on your behalf.
-
Can My Employer Tell Me to Use Sick Time or Vacation/Personal Time off (PTO) If I’m Injured at Work?
Following a work-related injury, you may not receive workers’ compensation benefits right away or your workers’ compensation claim may be denied. You may receive a note from your doctor that you may take time off work due to your injuries, but how will you be paid if you are not actively seeking workers’ compensation benefits? Your employer may tell you to use your state-mandated/employer-provided sick time in order to continue being paid while you are out of work. Once this sick time is exhausted, your employer may tell you that the only way you can continue to be paid is if you use your vacation or PTO time. In some cases, this may actually be the only way to continue receiving wages while you are out of work and not receiving workers’ compensation benefits. For more information, check out our video with Attorney Bilal Kassem on this topic by visiting our Facebook page!
-
Can I Get Workers’ Compensation If I Was Fired?
If you were terminated while already receiving workers’ compensation benefits, this does not necessarily affect your right to receive benefits. However, if you were terminated “for cause” (for example, if you were fired because you were caught stealing from your employer), you will not be able to continue collecting benefits. If you were not fired for cause, but were laid off due to your position being terminated or various other reasons, you may still be able to continue collecting your workers’ compensation benefits. If you believe you were terminated because you filed for workers’ compensation or because you were hurt at work, you may have grounds for a retaliation claim. Learn more, including whether you can continue receiving workers’ compensation benefits if you were laid off due to the coronavirus pandemic, see our video with Attorney Bilal Kassem on our Facebook page.
