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.

Common Injuries

One of the most common construction injuries that a worker can sustain is a broken bone or bones. This injury can be sustained in several ways, and it can extend even after a construction site no longer employs a worker. Some of the ways that broken bones can be sustained include the following:

• Falls (e.g., scaffolding collapse)
• Slips (e.g., worker trips on an uneven surface)
• Direct impact with a hard object (e.g., worker falls off a ladder or roof)
• Injuries caused by vibrating tools Mechanical injuries.

Another common construction injury is the back injury. This type of injury can be sustained when a worker must lift or move heavy objects. In addition, it can even be sustained from the repetitive movements that a worker may do on the job.

Other common injuries include the following:

• Sprains
• Lacerations
• Burns
• Abrasions
• Amputation
• Traumatic brain injuries
• Suffocation
• Exposure to toxic substances

Seeking Compensation After a Construction Accident

After a workplace injury, you may file a workers’ compensation claim. With a workers’ compensation claim, you can seek compensation for lost income, medical care, travel expenses, and more. After the incident occurs, it’s vital to report your injuries to your supervisor.

To receive compensation, you must follow the necessary steps, including getting a Qualified Medical Examination to determine how severe your injuries are and a prognosis for returning to work. Many first-time workers’ compensation claims receive denials, so it’s vital to work with a lawyer who can help you understand your rights and options.

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. If you suffered an injury due to the negligence of a third party, you may be entitled to compensation that covers non-economic damages, such as pain and suffering.

Common third parties in construction accidents include:

• General Contractors and Subcontractors: If a subcontractor or a general contractor's negligence directly contributes to the accident, they can be liable. For example, if a subcontractor fails to follow safety protocols, leading to a hazard that injures a worker, they might be held responsible.
• Property Owners: If the property owner failed to maintain safe premises or address known hazards, they might bear liability. This is particularly relevant in cases where unsafe property conditions, such as structural issues, are involved.
• Equipment Manufacturers and Suppliers: If defective machinery, tools, or safety equipment leads to an injury, the manufacturer or supplier can be held liable. This includes faulty harnesses, scaffolding, cranes, or other construction machinery.
• Engineers and Architects: In cases where design or structural flaws are to blame, architects or engineers who provided plans or oversight could be held responsible. If an engineering or architectural flaw leads to structural instability, for instance, they may face a claim.
• Third-Party Drivers: If a driver not associated with the construction site causes an accident that injures a worker, such as a delivery vehicle or a passing motorist striking someone on site, the driver and/or their employer could be considered liable.
• Maintenance Companies: For larger sites or sites with specialized equipment, maintenance companies contracted to keep machinery operational can also be liable if a failure to perform maintenance leads to an accident.

What to Do If a Construction Injury Is Sustained

If you sustain an injury on a construction site, you must do the following:

1. Seek Medical Attention

After sustaining a construction injury, the most important thing to do is to seek medical attention. This may seem like an obvious tip, but some people think that they can just treat the injury with over-the-counter medication and that they can just go to work. However, this can impede recovery, so one must be brought to the nearest hospital for assistance.

2. Notify Your Superior/s

If you are hurt on the job and are in your scheduled hours of work, you must notify your superior. Conversely, you must also inform your employer if you're not scheduled to work. In addition, you must notify your workers' compensation insurance so that they can start your claim.

3. Gather Witness Accounts

If you are injured in a construction site, and you suspect that it wasn't just an accident, you must gather witness accounts that can prove that you weren't just sitting on a ladder when it collapsed, and you sustained an injury. You can do this by getting testimonies from other workers but also bystanders.

4. Lawyer Up

If you believe that you have a case against the company you work for or a third party involved in your injury, you must hire a lawyer. This will help you improve your chances of maximizing a settlement or a verdict if the case goes to court.

5. File a Claim

If you sustain an injury in your work, you must file a claim. The filing of a claim gives you the right to file a lawsuit. However, you must state the grounds of your suit in your claim. For example, if your injury was sustained because you were negligently provided with defective equipment, you can state that in your claim.

6. Report to OSHA

If your injury was sustained because the site or personnel violated OSHA standards, some injuries must be reported. It doesn't mean that the worker will be penalized, but it might help your case.

7. Appeal the Claim

If you're not satisfied with the compensation that you receive from your workers' compensation claim, then you can appeal the claim. Remember that the appeal process takes time and effort, so you may want to discuss it with your lawyer beforehand.

What You Need to Know If You've Been Injured In a Construction Accident​

What happens if there's a third party case?

Navigating the waters of a workers' compensation claim and a third-party claim is never easy. Once both claims are filed (generally one in the workers' compensation court and one (or more) in the civil court, everyone starts pointing fingers at each other. In California, you can only go after your own employer for workers' compensation benefits. As the injury happened at work, you are entitled to benefits. However, if there is another party at fault, such as another contractor on the job site, you can go after them in the civil court. Civil suits have different types of recovery from workers' compensation recovery. In workers' compensation claims you are not entitled to pain and suffering which you are entitled to in a civil claim. Furthermore, if it is proven that the third-party is at fault and not your own employer, the workers' compensation insurance may have the right to subrogate against the third-party's insurance.

These issues can be further complicated by the fact that many smaller contractors hire short-term employees and call them independent contractors, and many don't have any workers' compensation insurance at all!​

Do Personal Injury attorneys and Workers' Compensation attorneys work together on your case?

As these cases move forward, it is important for the workers' compensation attorney and the personal injury attorney to work together to try to resolve all claims at the same time. Getting a Global Settlement in these cases is crucial, complicated and incredibly challenging. It is not easy getting all the parties together at the same time and even harder to get them on the same page. Once this finally happens, your attorneys must be in agreement about how best to move forward and how to negotiate.

Construction accident claims are some of the most complex and difficult types of workers' compensation cases there are. If you have been hurt in a construction accident, make sure to choose a workers' compensation law firm that has experience with construction accidents. A good workers' compensation lawyer makes all the difference for your construction accident claim.​​