Freemont Construction Accident Attorneys
Protecting Injured Construction Workers in Fremont, CA
Construction sites are one of the most dangerous places to work. Even with proper safety measures in place, the risk of serious injury or death is ever-present. In fact, construction sites are so dangerous that they are a leading cause of workplace injuries and fatalities.
At Pacific Workers', The Lawyers for Injured Workers, we are proud to protect the rights and futures of construction workers who have been injured on the job. Our Fremont construction accident lawyers understand the unique challenges faced by injured construction workers, and we know how to fight back against the biggest companies and their insurance providers.
Call us at (888) 740-6434 or contact us online to request your free, no-obligation consultation.
Common Types of Construction Accidents
Construction sites are filled with hazardous conditions and dangerous equipment. When proper safety measures are not taken, workers are at an increased risk of being involved in a serious accident.
Some of the most common types of construction accidents include:
- Falls: Falls are the leading cause of construction site injuries and fatalities. Workers can fall from scaffolding, roofs, ladders, and other heights, often resulting in serious injuries or death.
- Struck-by accidents: Construction sites are busy places, with many workers and vehicles moving about. When workers are struck by vehicles, equipment, or falling objects, they can suffer severe injuries.
- Electrocutions: Construction sites are filled with electrical wires and other electrical systems. When these are not properly maintained or workers are not trained to work around them, they can suffer electrical shock or electrocution.
- Caught-in/between accidents: Construction sites often have heavy machinery and equipment. When workers are caught in or between these machines, they can suffer severe crush injuries or death.
- Crane accidents: Cranes are a common sight on construction sites. When they are not properly maintained or operated, they can cause serious accidents and injuries.
- Heavy machinery accidents: Construction sites often have heavy machinery and equipment. When workers are caught in or between these machines, they can suffer severe crush injuries or death.
- Falling object accidents: Construction sites are busy places, with many workers and vehicles moving about. When workers are struck by vehicles, equipment, or falling objects, they can suffer severe injuries.
- Scaffolding accidents: Scaffolding is used on many construction sites. When it is not properly assembled or maintained, workers can fall off and suffer serious injuries.
- Trenching accidents: Trenches can be very dangerous places for construction workers. When they are not properly supported, workers can be buried alive.
These are only a few examples of the many types of accidents that can occur on construction sites. Unfortunately, due to the inherently dangerous nature of construction work, these accidents are often serious and can result in catastrophic injuries or death.
Who is Liable for Construction Site Accidents?
When a construction worker is involved in an accident and is injured, they are typically eligible to pursue a workers' compensation claim. In California, almost all employers are required to carry workers' compensation insurance.
Workers' compensation is a no-fault system, meaning that injured workers can recover benefits regardless of who was at fault for their accident. If a worker is injured on the job, they can file a workers' compensation claim and receive benefits to cover their medical expenses and a portion of their lost wages.
However, in some cases, injured construction workers may be able to file a third-party claim if their injuries were caused by someone other than their employer or a co-worker. For example, injured workers may have a valid third-party claim if their accident was caused by:
- A negligent contractor
- A negligent property owner
- A negligent equipment manufacturer
- A negligent equipment maintenance company
When a third-party is responsible for a construction site accident, injured workers can file a personal injury claim to recover compensation for their medical expenses, lost wages, and other damages. These claims are separate from workers' compensation claims and are not subject to the same limitations.
How Our Firm Can Help
Construction accident claims can be extremely complex. In addition to dealing with your injuries and recovery, you may also be facing several legal challenges. Our Fremont construction accident lawyers are here to help you navigate the process and fight for the full, fair compensation you deserve to recover from your injuries.
Our team has extensive experience handling all types of work injury claims, and we know how to take on the biggest companies and insurance providers. We are prepared to fight tirelessly for you.
Contact us today at (888) 740-6434 to request a free consultation.
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Thank you for being so kind and completely sympathetic to my case!
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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!
“They have strong communication and I was respected throughout the whole process. They had never given up on me!”
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“I especially want to thank Mr. Jason Insdorf, who worked in attaining a settlement I never expected.”
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Proudly Serving Northern California
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.
