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 (888) 740-6434 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 contain countless hazards that lead to serious injuries. These incidents can result from human error, equipment failure, or unsafe site conditions.
Some of the most common types of construction accidents include:
- Falls: Falls are the leading cause of construction worker fatalities in the United States. 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 or between machinery, equipment, or structures.
- Electrocutions: Construction sites often contain exposed electrical wires and equipment, and workers face serious injury or death if they come into contact with an electrical source.
- Equipment/Machinery Accidents: Construction workers can be injured or killed by heavy machinery or tools, especially without proper training or safety gear.
- Struck By Objects: Workers risk harm from falling tools, building materials, or equipment on busy sites.
- Collapses: Structural or trench collapses can quickly cause life-threatening injury or death.
- Exposure to Hazardous Substances: Construction work often involves contact with toxic chemicals, fumes, or asbestos, leading to health problems.
- Trips and Slips: Uneven surfaces or cluttered sites often result in injuries from slips or trips.
- Fire and Explosions: Activities like welding or cutting may cause fires or explosions if not managed carefully.
- Overexertion: Many construction injuries result from lifting, carrying, or repetitive motions.
Analyzing the causes of these accidents helps inform site safety training and new protective measures. Employers should routinely offer safety training, provide necessary equipment, and enforce protocols. Workers should also feel comfortable reporting risks without fear of retaliation.
Understanding California Workers' Compensation for Construction Accidents
California's workers' compensation laws require employers to provide benefits to employees injured on the job, including those hurt at construction sites in San Jose. Workers' compensation may cover medical care, a portion of lost wages, and benefits for temporary or permanent disability. The process works as a no-fault system, so employees do not need to prove negligence to receive support.
In San Jose, construction employees move through an administrative process managed under the Division of Workers' Compensation. This system includes local timelines for medical care approval and wage replacement, which helps workers track what to expect after an accident. Knowing these steps can prevent unnecessary claim delays and make sure all filings meet California’s deadlines.
San Jose construction projects add complications due to expanding city development and frequently updated local safety ordinances. City rules impact safety standards, and Cal/OSHA oversight in Santa Clara County keeps compliance a top concern for construction businesses. Understanding how local and state agencies address safety and claims gives San Jose construction workers a clear path forward. When new questions or disputes come up, a team with hands-on experience in the area and construction law can guide you through both workers’ compensation claims and any possible third-party lawsuits.
Types of Compensation Available for Injured Construction Workers in San Jose
If a construction accident in San Jose leaves you injured, you may qualify for several types of compensation provided by California law. Workers' compensation can include payments for necessary medical care, temporary disability while you recover, and permanent disability when lasting limitations arise. These benefits are governed by statewide standards, but claims often pass through reviews by local administrators and medical providers based in Santa Clara County. This local connection can affect how quickly you schedule evaluations and receive care approval.
When third parties contribute to an accident—for example, an equipment manufacturer or an outside contractor—injured workers might be able to pursue a civil claim along with their workers’ compensation benefits. A third-party claim can seek compensation for damages not covered by workers' compensation, such as pain and suffering or lost income beyond state limits.
Legal counsel familiar with San Jose construction accident cases can assess your options and help make sure you are aware of all possible sources of compensation and state deadlines. Working with an experienced legal team that serves the local community means you have support securing the resources you need for recovery and financial stability.
Who is Liable for a Construction Accident?
When a construction worker suffers injury on the job, California law prevents the worker from filing a personal injury lawsuit against the employer. Instead, the worker files a workers' compensation claim to recover benefits. If a worker dies, surviving family members can file a workers' compensation claim for death benefits.
Workers can file a personal injury lawsuit against a third party if their actions caused or contributed to the accident. For instance, if a defective tool injures a construction worker, the worker may file a product liability lawsuit against the manufacturer. An injury caused by a negligent driver gives the worker the right to sue the motorist.
Our San Jose construction accident lawyers can help you determine whether you have grounds for a workers' compensation claim, a personal injury lawsuit, or both. We recognize the complexities of these matters and can help you build a path forward.
How Long Do You Have to Report a Construction Accident in San Jose?
Under California law, an employee has up to 30 days to report a work-related injury or illness to the employer. However, reporting the accident immediately or as soon as practical leads to better results. If you wait, your employer may dispute the claim and argue the injury or illness is unrelated to work.
Some of the most common construction accident injuries include:
- Broken bones or fractures
- Amputations
- Head injuries or traumatic brain injuries (TBIs)
- Spinal cord injuries or paralysis
- Burn injuries
- Electrocutions
- Exposure to hazardous substances
- Respiratory illnesses
- Repetitive motion injuries
- Occupational diseases
Even if you do not notice immediate symptoms, always report the accident to your employer. Some injuries and illnesses can develop over days, weeks, or even months. Reporting as soon as possible helps secure eligible benefits.
After you report the accident, your employer must provide a workers' compensation claim form. Return the completed form to your employer within 30 days to protect your right to 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 (888) 740-6434 or contact us online to schedule a free consultation with one of our San Jose construction accident lawyers.
We have Helped OVER 8,000 CLIENTS aND WE CAN HELP YOU TOO!
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They care, and they help injured workers!
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They care, and they help injured workers!
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I'll recommend him always.
“I'll recommend him always.”
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Thank you again to everyone at Pacific Workers’ Compensation!
“Thank you again to everyone at Pacific Workers’ Compensation!”
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Communication is extremely important, and that has been A+ since the beginning!
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Communication is extremely important, and that has been A+ since the beginning!
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Highly Recommend Pacific Workers’ Lawyers
“Highly Recommend Pacific Workers’ 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.”
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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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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 provides financial benefits to employees who suffer workplace injuries or illnesses, regardless of fault. In construction accident cases, injured workers can seek compensation for medical bills, rehabilitation costs, and a portion of lost wages through workers' compensation insurance. The system helps lessen the financial impact on workers and supports recovery. If a claim is denied or contested, legal guidance often helps during the appeal process.
Can I Pursue a Personal Injury Claim and Workers' Comp Simultaneously?
Yes, you may pursue a personal injury claim alongside a workers' compensation claim if a third party’s negligence contributed to the accident. Workers' compensation covers employer-provided benefits, but a third-party claim targets others—such as equipment manufacturers or negligent drivers. A civil claim can help recover damages not available through workers' compensation. Navigating both claims can get complex, so legal help often ensures the process stays on track.
What Are My Rights If I Miss Work Due to a Construction Accident?
If you miss work because of a construction accident, workers' compensation benefits offer partial financial support while you recover. You may receive disability payments to replace some lost wages. California law protects your job status as you recover—employers cannot fire you solely due to workers' compensation leave. Keeping open communication with your employer and following your doctor's advice supports your return to work.
How Long Does the Workers' Compensation Claim Process Take?
The length of a workers' compensation claim process varies. Factors include the nature of the injury and how cooperative your employer and their insurer are. Typically, medical treatment authorization and temporary disability payments arrive within days. If a dispute arises over your injury or benefits, resolving the matter can take weeks or months. Consulting a San Jose construction accident attorney can help move your claim forward and avoid unnecessary delays.
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 working with a dedicated team that prioritizes the compensation you deserve. We provide personalized care and pay attention to the unique details of every construction accident case. Our contingency fee approach puts your interests first—there are no fees unless we secure compensation for you. With deep knowledge of California construction laws and a strong record of success, we remain a trusted partner in this field. As a client, you become part of a community devoted to securing justice for injured workers.
Our legal team applies years of experience from complex workplace injury cases throughout the Bay Area and offers ongoing support in multiple languages. We understand the specific safety requirements construction companies must meet in San Jose and Santa Clara County. Our knowledge of Cal/OSHA inspections and local safety rules for zones along Interstate 280 and in the downtown corridor supports your case. Our office remains on top of current legal standards and practices affecting construction safety. You gain representation deeply connected to community needs and responsive to Northern California’s evolving workplace standards.
What Should I Do if I Witness a Construction Accident?
If you witness a construction accident, respond quickly and appropriately. First, ensure your own safety and call emergency services right away. While you wait for help, assist the injured person only if it is safe and avoid moving them unless needed to prevent further harm. If possible, document what happened with written notes or photographs—these may help investigators. Share your account with authorities and with the employer to help clarify what led to the incident.
What to Do Immediately After a Construction Accident in San Jose
Experiencing a construction accident can be traumatic and confusing. Take clear steps to protect your health and your legal rights. Seek medical attention even when injuries appear minor. Some health issues become noticeable only later and worsen if untreated. Thoroughly document the site, your injuries, and any unsafe conditions with photos.
San Jose construction sites often receive oversight from city inspectors and Cal/OSHA, so detailed documentation helps clarify which safety standards apply. If the accident happened near a major development—such as downtown or the North San Jose tech corridor—specifying the location can strengthen your report during any investigation. Keep copies of all related correspondence and official paperwork to build a strong foundation for your California workers' compensation claim.
Notify your employer as soon as possible. This step not only starts your workers' compensation claim process but also ensures an official record. Keep careful records of every conversation and document, including reports to your employer, medical visits, and insurance interactions. Consulting with a construction accident lawyer in San Jose can help you navigate the rules for claims and any follow-up steps.
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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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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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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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.
