San Jose Construction Accident Lawyer
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 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.
Understanding the causes of these accidents can inform safety measures and prevent future incidents. Employers should implement regular safety training, provide proper protective equipment, and enforce safety protocols. Additionally, workers should be encouraged to report unsafe conditions without fear of retaliation.
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 or contact us online to schedule a free consultation with one of our San Jose construction accident lawyers.
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Frequently Asked Questions About Construction Accidents in San Jose
What Is Workers' Compensation and How Does It Apply to Construction Accidents?
Workers' compensation is a system designed to provide financial benefits to employees who suffer workplace injuries or illnesses, regardless of fault. In the context of construction accidents, this means that injured workers can seek compensation for medical bills, rehabilitation expenses, and a portion of lost wages through their employer's workers' compensation insurance. This system helps alleviate the financial burden on injured employees and allows them to focus on recovery. If a claim is denied or contested, legal representation can offer guidance and support throughout the appeal process.
Can I Pursue a Personal Injury Claim and Workers' Comp Simultaneously?
Yes, it is possible to pursue a personal injury claim alongside a workers' compensation claim in instances where a third party's negligence contributed to the accident. While workers' compensation covers benefits from the employer, a third-party claim targets other involved parties such as equipment manufacturers or negligent drivers. This can help recover full damages, including pain and suffering, that workers' compensation does not cover. Navigating both claims simultaneously can be complex, so legal assistance is essential to ensure all procedural requirements are met and rights are protected.
What Are My Rights If I Miss Work Due to a Construction Accident?
If you miss work due to a construction accident, your primary financial support typically comes from workers' compensation benefits. These benefits include disability payments, which partially compensate for lost wages while you're unable to work. It is crucial to understand that your employment status should remain protected as long as you're recovering. California law prohibits employers from firing you solely because you're on workers' compensation leave. However, maintaining open communication with your employer and adhering to medical advice are important to reinstate your position once you're cleared to return.
How Long Does the Workers' Compensation Claim Process Take?
The duration of the workers' compensation claim process can vary significantly based on individual circumstances, such as the complexity of the injury and the cooperation of the employer and insurance provider. Initially, receiving medical treatment authorization and temporary disability payments should happen relatively quickly, often within days of reporting the injury. Settlement of the overall claim, however, can take weeks or months, especially if disputes arise over the extent of the injury or entitlement to certain benefits. Consulting with an experienced San Jose construction accident attorney can help expedite the process by ensuring all paperwork is completed correctly and advocating on your behalf.
Why Choose Pacific Workers', The Lawyers for Injured Workers for Your Construction Accident Claims?
Choosing Pacific Workers', The Lawyers for Injured Workers for your construction accident claims means partnering with a team dedicated to securing the compensation you deserve. Our firm is committed to providing personalized care and attention, with a strong focus on the unique elements of each construction accident. Operating on a contingency fee basis, we ensure that our efforts are aligned with your best interests—no fees unless we win. Our deep-rooted knowledge of California construction laws and our impressive record of success make us a reliable partner in navigating your claim. By choosing us, you're not just a client; you're part of a community devoted to justice for injured workers.
What Should I Do if I Witness a Construction Accident?
If you witness a construction accident, taking immediate and appropriate action is vital. Ensure your personal safety first, then call emergency services to report the incident. While waiting for help to arrive, assist the injured person if it is safe to do so, and avoid moving them unless necessary to avoid further harm. If you're in a position to do so, document the scene with notes or photographs, which can be valuable for future investigations. Providing a detailed account to authorities and the injured worker's employer helps build a clear picture of the event and supports the injured person's claim process.
What to Do Immediately After a Construction Accident in San Jose
Experiencing a construction accident can be both traumatic and confusing. It's crucial to take immediate steps to safeguard your health and legal rights. First and foremost, seek medical attention even if the injury seems minor. Some injuries may not present symptoms immediately but can have long-term repercussions if untreated. Document the incident thoroughly by taking pictures of the accident site, any visible injuries, and the environmental conditions at the time.
Notify your employer about the accident as soon as feasibly possible. This is important not only for initiating a workers' compensation claim but also for creating an official record of the incident. Keep detailed records of all communications related to the accident, including reports to your employer, medical visits, and interactions with insurance representatives. Consulting with a knowledgeable construction accident lawyer in San Jose will help you navigate the intricacies of filing claims and pursuing any additional legal actions that may be necessary.
Workers' Comp FAQ
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What If My Employer Denies My Workers’ Compensation Claim Because I’m a Seasonal Worker?
Employers in California are legally required to provide workers' compensation coverage to all employees, including seasonal workers. If your claim is denied, it's advisable to consult with a workers' compensation attorney to understand your rights and explore options for appealing the decision.
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Do independent contractors get workers’ compensation in California?
No, most independent contractors are not covered by workers’ compensation insurance that is provided by their employer. The law does not require most employers to offer this sort of employment benefit to independent contractors. To get workers’ comp as an independent contractor, you will usually have to purchase a policy on your own.
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How Is Workers’ Compensation Calculated for Seasonal Workers?
Compensation for seasonal workers is typically based on your average weekly earnings during the employment period. If you're unable to work due to the injury after the season ends, eligibility for benefits may depend on factors such as your employment history and whether you usually seek other employment during the off-season.
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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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What Should I Do If I’m Injured at Work as a Seasonal Worker?
If you're injured on the job, take the following steps:
- Report the Injury - Notify your employer immediately, both verbally and in writing.
- Seek Medical Attention - Obtain necessary medical treatment and ensure the injury is documented.
- File a Claim - Complete a Workers' Compensation Claim Form (DWC 1) provided by your employer and submit it promptly.
Timely reporting and documentation are crucial to ensure your claim is processed efficiently.
