San Jose Construction Accident Attorney
Protecting the Rights of Injured Construction Workers in San Jose
Construction sites are some of the most dangerous workplaces in the country. The Occupational Safety and Health Administration (OSHA) reports that over 20% of all private industry worker fatalities in the United States occur in the construction industry. Many more workers suffer serious injuries on the job.
If you were injured or if your loved one was killed in a construction accident, you must understand your rights. Depending on the circumstances, you may be entitled to financial compensation for your medical bills, lost wages, and other damages. At Pacific Workers', The Lawyers for Injured Workers, our San Jose construction accident lawyers are committed to helping workers and their families recover the compensation they are owed. We understand the immense challenges you are facing, and we are prepared to fight for you.
Call our office today at (888) 740-6434 or contact us online for a free, confidential consultation. We have multiple offices throughout Northern California, including one in San Jose, and we accept cases on a contingency fee basis, which means we only get paid if we recover compensation for you.
What Are the Most Common Construction Accidents?
Construction sites are dangerous. Countless hazards can lead to serious accidents and injuries. These accidents can occur on construction sites and involve various factors such as human error, equipment failure, or environmental hazards.
Some of the most common types of construction accidents include:
- Falls: Falls are the leading cause of construction worker fatalities in the United States. In fact, OSHA reports that falls account for nearly 40% of all construction worker deaths.
- Struck-by/caught-in/between: These “fatal four” accidents are the second leading cause of construction worker fatalities. They involve workers being struck by a falling object, being crushed by heavy machinery, or being caught in/between machinery, equipment, or structures.
- Electrocutions: Construction sites are full of electrical wires and equipment, and workers can suffer serious injuries or death if they come into contact with an electrical source.
- Equipment/machinery accidents: Construction sites are full of heavy machinery and equipment, and workers can be injured or killed if they are not properly trained in how to use these tools or if they are not provided with the necessary safety gear.
- Struck by Objects: Workers may be struck by falling tools, materials, or equipment, leading to injuries.
- Collapses: Structural failures, such as building or trench collapses, can lead to injuries or fatalities.
- Exposure to Hazardous Substances: Construction sites may involve exposure to toxic chemicals, fumes, or other hazardous substances, leading to health issues.
- Trips and Slips: Uneven surfaces, cluttered work areas, or inadequate housekeeping can contribute to trips and slips.
- Fire and Explosions: Welding, cutting, or other activities involving flammable materials can result in fires or explosions.
- Overexertion: Physical strain from lifting, carrying, or repetitive tasks can lead to overexertion injuries.
Who is Liable for a Construction Accident?
When a construction worker is injured on the job, he or she is not eligible to file a personal injury lawsuit against his or her employer. Instead, the worker can file a workers' compensation claim to recover benefits. If the worker is killed, his or her surviving family members can file a workers' compensation claim for death benefits.
However, workers can file a personal injury lawsuit against a third party if that party caused or contributed to the accident. For example, if a construction worker is injured because of a defective tool, the worker may be able to file a product liability lawsuit against the manufacturer of the tool. Similarly, if a construction worker is injured because of a negligent driver, he or she may be able to file a personal injury lawsuit against the motorist.
Our San Jose construction accident lawyers can help you determine whether you have grounds for a workers' comp claim, a personal injury lawsuit, or both. We understand the complexities of these cases, and we can help you navigate the process.
How Long Do You Have to Report a Construction Accident in San Jose?
Under California law, you have up to 30 days to report a work-related injury or illness to your employer. However, the sooner you report the accident, the better. In many cases, it is best to report the accident immediately or as soon as possible after it occurs. If you wait to report the accident, your employer may dispute your claim and argue that your injury or illness is unrelated to your work.
Some of the most common construction accident injuries include:
- Broken bones/fractures
- Amputations
- Head injuries/traumatic brain injuries (TBIs)
- Spinal cord injuries/paralysis
- Burn injuries
- Electrocutions
- Exposure to hazardous substances
- Respiratory illnesses
- Repetitive motion injuries
- Occupational diseases
Even if you do not notice any immediate symptoms, you should still report the accident to your employer. Some injuries and illnesses take time to develop, and you may not experience symptoms for days, weeks, or even months after the accident occurs. By reporting the accident, you can help ensure that you are able to secure the benefits you are owed.
Once you report the accident, your employer will be required to provide you with a workers' compensation claim form. You will need to fill out this form and return it to your employer within 30 days of the accident. If you fail to do so, you may lose your right to recover workers' comp benefits.
Call Today to Schedule a Free Consultation
If you or your loved one was injured on a construction site, you need an experienced attorney on your side. At Pacific Workers', The Lawyers for Injured Workers, our San Jose construction accident lawyers have extensive experience handling these complex cases. We understand the intricacies of California workers' compensation law, and we have a proven track record of success.
Call our office today at (888) 740-6434 or contact us online to schedule a free consultation with one of our San Jose construction accident lawyers.
We have Helped OVER 8,000 CLIENTS aND WE CAN HELP YOU TOO!
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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.”
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The most down to earth team I have ever met!
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Workers' Comp FAQ
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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.
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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.
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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.
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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!
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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.
