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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They didn't give up on me.
“Pacific Workers went to bat for me. Was I an easy person to get along with, no but they didn’t give up on me.”
David W.
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“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.”
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I'm forever grateful & thankful to all!
“I especially want to thank Mr. Jason Insdorf, who worked in attaining a settlement I never expected.”
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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.”
Gabi O. Sacramento, CA
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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!”
Nekealla C. Tracy, CA
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I got a compensation package that I was very happy with!
“My attorney provided me with a very smooth experience, patiently answered all my questions, and worked hard to represent my best interests.”
Dro L. Redwood City, CA
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I would highly recommend PWC!
“PWC's staff is knowledgeable and informative when it comes to answering your questions and ensuring you're well informed during the process.”
Patrick P.
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Your team was great to work with!
“You took nothing and made it out of something. I felt like I mattered! Everyone was very professional and caring.”
Heather Flores Bakersfield, CA -
“¡Farber hizo que fuera muy fácil y sin estrés para mí! Ellos hicieron todo el trabajo duro y me hicieron sentir tranquila en la situación que estaba atravesando. Nunca habría esperado que el resultado fuera tan bueno. Me mantuvieron al día de todo lo que pasaba en mi caso. Todos los abogados con los que traté eran tranquilizadores y positivos. Recomendaría a Farber a cualquier empleado que necesite ayuda con su compensación de trabajadores.”
Janette D. -
Pacific Workers' Comp is one of the best places to get help from when you need help with an injury from work!
“Iana and Sergio are very helpful, and Pacific Workers' Comp is one of the best places to get help from when you need help with an injury from work they have been helping me out through my trying time and doing a damn good job with dealing with stuff that I can't handle and I really appreciate all their help if you ever need help with an injury at work this is the place to go.”
Lamar B. Santa Clara, CA -
Bilal is very professional, caring and committed to his clients!
“My lawyer Bilal took the time out on a late Friday afternoon to meet with me and answer some questions that I had. Who stays late and meets with you on a Friday afternoon? Very few do, Bilal does. It speaks to his professionalism, caring, and commitment to his clients. Which creates a culture value at PWC. This is only one example of my experience with them, there are many more just like this.”
Guy H. Novato, CA -
PWC has provided me with exceptional care!
“My experience with them has been exceptional. They are caring, devoted and professional. They had turned a stressful situation into one that does not cause anxiety.”
Jaaziel B. -
The attorneys and employees at PWC are angels!
“Thank goodness for my team of lawyers and assistants that always take the time to listen to my concerns, answer my questions, and act on my behalf when my company does nothing!! Someone else said it, and I second that the people at PWC are angels!! At least I feel that someone is on MY side now!”
Heikelyn J. -
I was lucky enough to obtain the services of Pacific Workers' Compensation Law Center!
“I was lucky enough to obtain the services of Pacific Workers' Compensation Law Center. They worked tirelessly to receive the best care, and finally a C&R settlement from SCIF for me. Without them, I would have been just another injured worker without medical treatment.”
Martha M. -
For anyone out there looking for a 'Worker's Comp attorney,' look no further!
“For anyone out there looking for a 'Worker's Comp attorney,' look no further. Robert Davis is the man you want on the case. Robert truly cares for his clients; he will help you through the tough times, with a no-nonsense approach to your situation. Robert is a good man that never leaves any doubt in your mind and always makes you feel like he is the best man for the job.”
Francisco P. Hayward, CA -
Exceptional Customer Service
“I would recommend Pacific Workers' Compensation Law Center to my family and friends. I was so blessed to talk with AlMarie in March 2018 after receiving horrible service from another attorney's office. AlMarie took the time to talk to me and give me the information that I needed. Lauren and Alex are super great, and I feel I made a good decision for the law center to represent me. I received my packet with great information, resources, and how to communicate and contact the team who will be assisting me and working on my case.”
T. Davis Addison San Leandro, CA -
Jason exuded complete confidence in my case & really understood what I went through!
“My attorney Jason Insdorf exuded complete confidence in my case and made me feel like he really understood what I've been through (didn't hurt to read about his extensive credentials and expertise specific to my case). Karla Ortega made me feel at ease, listening intently when I explained details dating back 12+ years. Also, I was very impressed by the compassion, communication, and overall professionalism.”
Matthew U. Modesto, CA -
Pacific Workers' Compensation helped me get the justice I deserved!
“It was my first injury at a job and I did not know what to do. I did not know if my rights as an employee were being met. So, I was able to call to ask Pacific Workers' Compensation about my injury that occurred and what were my rights as an employee. They were able to help me get justice.”
Victoria M. Santa Cruz, CA -
After Pacific Worker's Compensation started handling my case, I started getting the respect of an injured worker and not just a number.
“My caseworker is amazing. She is quick to respond to my messages and concerns. Before contacting Pacific Worker's Compensation, I was getting the run around with my doctors and worker's compensation insurance for my employer. After Pacific Worker's Compensation started handling my case, I started getting the respect of an injured worker and not just a number.”
Brandy L. Fairfield, CA -
Bilal is always kind, professional, compassionate and explains everything thoroughly!
“Bilal Kassem is the nicest attorney a person dealing with a workers compensation mess can ask for. Always kind, professional, compassionate, and explains everything clearly.”
Emi B. Vallejo, CA -
They were a headache & stress rellief!
“Kiki was such a help. She works with Robert Davis. After dealing with the ins Co and there run around, blood pressure tossing, I turned my case one to PWC. No more headaches, no stressing, just relief. Thank you, Kiki and Robert & Pacific Workers Compensation.”
Debra McLaughlin Benicia, CA
Proudly Serving Northern California
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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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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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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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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My Employer Said That I’m an Independent Contractor, Not a Regular Employee, so I Can’t Get Benefits. Is This True?
You’re not necessarily an independent contractor by law if the nature of your job doesn’t fit the description, an attorney may help analyze your situation and guide you in this matter. There are high chances of contractors being eligible for workers’ compensation benefits, so it’s always worth trying.
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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.
