Stockton Construction Accident Lawyers
Advocating for Injured Construction Workers in Stockton
Injured while working on a construction site? Our Stockton construction accident attorneys at Pacific Workers', The Lawyers for Injured Workers are committed to safeguarding your rights. With more than 130 years of collective experience, we are the trusted advocates you need to secure the benefits and compensation you deserve after an accident.
Experiencing a construction-related injury or coping with the loss of a family member due to a workplace accident is devastating. Our construction accident lawyers in Stockton are here to provide the compassionate support and representation you deserve during these trying times.
Give us a call today at (888) 740-6434 or contact us online to get started on your case with a free consultation.
Workers' Compensation Benefits: Your Right to Recovery
California law mandates that all employers carry workers' compensation insurance to offer vital benefits to employees injured on the job.
As a construction worker, you're entitled to these benefits, which cover:
- Medical treatment expenses
- Compensation for lost earnings
- Temporary or permanent disability benefits
- Death benefits for the families of deceased workers
Workers' compensation is a "no-fault" system, meaning you can receive benefits regardless of who was at fault for the injury. Filing a workers' comp claim is not about suing your employer; it's about claiming the support you're rightfully owed.
Was your workers' comp claim already denied? Do you need help filing an appeal? Call Pacific Workers.
Navigating Third-Party Liability
Sometimes, workers' compensation doesn't fully cover all the costs stemming from a workplace injury. If third parties, such as contractors, equipment manufacturers, or architects (i.e. someone other than your employer), contributed to your injury, you might have the option to file a personal injury lawsuit for additional compensation.
Here are some key points to consider:
- Identifying third parties: Determine if there are other parties besides your employer who may have contributed to the accident. This could include subcontractors, equipment manufacturers, property owners, or other contractors.
- Negligence or wrongful conduct: To file a successful third-party liability claim, you typically need to show that the third party was negligent or engaged in wrongful conduct that led to the accident or your injuries.
- Legal assistance: Consulting with an attorney who specializes in construction accidents is crucial. They can help assess the circumstances, identify potential third parties, and guide you through the legal process.
- Evidence and documentation: Gathering evidence, such as witness statements, photographs, and documentation of the accident scene, is essential for building a strong case against the third party.
- Workers' compensation considerations: You may pursue a third-party liability claim in addition to workers' compensation benefits. It's essential to understand how these two processes may work together.
- Damages: In a successful third-party liability claim, you may be eligible to receive compensation for various damages, including medical expenses, lost wages, pain and suffering, and other related costs.
It's crucial to act promptly if you are considering pursuing a third-party liability claim. The statute of limitations sets a time limit for filing personal injury lawsuits. Consulting with a construction accident attorney in Stockton can help you understand your rights, navigate the legal process, and pursue the compensation you may be entitled to.
Common Construction Site Injuries
The Occupational Safety and Health Administration (OSHA) sets forth safety regulations that employers must adhere to. If a site manager's negligence or a subcontractor's oversight led to your injury, you could have a claim against them.
Construction workers frequently suffer from:
- Falls from heights
- Repetitive stress injuries
- Electrocutions
- Burns and scalds
- Eye injuries from debris
- Fractures and broken bones
- Traumatic brain injuries
- Back injuries from lifting
- Work-related illnesses
After a Construction Accident, Call Pacific Workers'
Navigating workers' compensation claims and third-party lawsuits can be overwhelming, especially when you're healing from an injury or mourning the loss of a loved one. At Pacific Workers', The Lawyers for Injured Workers, we understand the complexities of workers' comp and are dedicated to advocating for your rights. Let our experienced legal team manage the legalities while you focus on recovery.
Don't delay in seeking the help you need. Contact a Stockton construction accident lawyer at our firm to arrange a free consultation: (888) 740-6434.
We have Helped OVER 8,000 CLIENTS aND WE CAN HELP YOU TOO!
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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
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.
