San Jose Construction Accident Attorney
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 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.
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
- Head injuries/traumatic brain injuries (TBIs)
- Spinal cord injuries/paralysis
- Burn injuries
- 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.
Thank you for being so kind and completely sympathetic to my case!- Jazzie D.
They took care of me!- Gabi O.
Pacific Workers' Comp is one of the best places to get help from when you need help with an injury from work!- Lamar B.
Bilal is very professional, caring and committed to his clients!- Guy H.
The most down to earth team I have ever met!- Nekealla C.
PWC has provided me with exceptional care!- Jaaziel B.