Stockton Construction Accident Lawyers
Advocating for Injured Construction Workers Throughout California
Injured while working on a construction site? Our Stockton construction accident attorneys at Pacific Workers', The Lawyers for Injured Workers are committed to safeguarding your rights. With more than 130 years of collective experience, we are the trusted advocates you need to secure the benefits and compensation you deserve after an accident.
Experiencing a construction-related injury or coping with the loss of a family member due to a workplace accident is devastating. Our construction accident lawyers in Stockton are here to provide the compassionate support and representation you deserve during these trying times.
Give us a call today at (888) 740-6434 or contact us online to get started on your case with a free consultation.
Workers' Compensation Benefits: Your Right to Recovery
California law mandates that all employers carry workers' compensation insurance to offer vital benefits to employees injured on the job.
As a construction worker, you're entitled to these benefits, which cover:
- Medical treatment expenses
- Compensation for lost earnings
- Temporary or permanent disability benefits
- Death benefits for the families of deceased workers
Workers' compensation is a "no-fault" system, meaning you can receive benefits regardless of who was at fault for the injury. Filing a workers' comp claim is not about suing your employer; it's about claiming the support you're rightfully owed.
Was your workers' comp claim already denied? Do you need help filing an appeal? Call Pacific Workers.
Navigating Third-Party Liability
Sometimes, workers' compensation doesn't fully cover all the costs stemming from a workplace injury. If third parties, such as contractors, equipment manufacturers, or architects (i.e. someone other than your employer), contributed to your injury, you might have the option to file a personal injury lawsuit for additional compensation.
Here are some key points to consider:
- Identifying third parties: Determine if there are other parties besides your employer who may have contributed to the accident. This could include subcontractors, equipment manufacturers, property owners, or other contractors.
- Negligence or wrongful conduct: To file a successful third-party liability claim, you typically need to show that the third party was negligent or engaged in wrongful conduct that led to the accident or your injuries.
- Legal assistance: Consulting with an attorney who specializes in construction accidents is crucial. They can help assess the circumstances, identify potential third parties, and guide you through the legal process.
- Evidence and documentation: Gathering evidence, such as witness statements, photographs, and documentation of the accident scene, is essential for building a strong case against the third party.
- Workers' compensation considerations: You may pursue a third-party liability claim in addition to workers' compensation benefits. It's essential to understand how these two processes may work together.
- Damages: In a successful third-party liability claim, you may be eligible to receive compensation for various damages, including medical expenses, lost wages, pain and suffering, and other related costs.
It's crucial to act promptly if you are considering pursuing a third-party liability claim. The statute of limitations sets a time limit for filing personal injury lawsuits. Consulting with a construction accident attorney in Stockton can help you understand your rights, navigate the legal process, and pursue the compensation you may be entitled to.
Common Construction Site Injuries
The Occupational Safety and Health Administration (OSHA) sets forth safety regulations that employers must adhere to. If a site manager's negligence or a subcontractor's oversight led to your injury, you could have a claim against them.
Construction workers frequently suffer from:
- Falls from heights
- Repetitive stress injuries
- Electrocutions
- Burns and scalds
- Eye injuries from debris
- Fractures and broken bones
- Traumatic brain injuries
- Back injuries from lifting
- Work-related illnesses
After a Construction Accident, Call Pacific Workers'
Navigating workers' compensation claims and third-party lawsuits can be overwhelming, especially when you're healing from an injury or mourning the loss of a loved one. At Pacific Workers', The Lawyers for Injured Workers, we understand the complexities of workers' comp and are dedicated to advocating for your rights. Let our experienced legal team manage the legalities while you focus on recovery.
Don't delay in seeking the help you need. Contact a Stockton construction accident lawyer at our firm to arrange a free consultation: (888) 740-6434.
We have Helped OVER 12,000 CLIENTS aND WE CAN HELP YOU TOO!
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They care, and they help injured workers!
“They care, and they help injured workers!”
Darnell Hester
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I'll recommend him always.
“I'll recommend him always.”
Bernadette L Mixon
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Thank you again to everyone at Pacific Workers’ Compensation!
“Thank you again to everyone at Pacific Workers’ Compensation!”
Johnny
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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!
”Brandon Colbert
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Highly Recommend Pacific Workers’ Lawyers
“Highly Recommend Pacific Workers’ Lawyers”
Asif Chashmawala
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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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Thank you for being so kind!
“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.”
Jazzie D. Daly City, CA
Proudly Serving California
Pacific Workers', The Lawyers for Injured Workers has recovered over $340 million for injured workers throughout Northern California, with a 98% success rate over more than 30 years of practice. Eric Farber holds Northern California Super Lawyer recognition. The firm carries an AV Rating by Martindale-Hubbell, the highest rating for legal competence and ethics, and has been named to the Inc. 5000 list of America’s fastest-growing companies three consecutive years.
Construction Accident Types We Handle
OSHA identifies four leading causes of fatal construction injuries, known as the Fatal Four: falls, struck-by incidents, electrocution, and caught-in or caught-between accidents. Together, these four categories account for the majority of construction fatalities in the U.S. each year. California’s construction workers face all of them.
Common construction site accidents and injuries include:
- Falls from heights: Scaffolding collapses, ladder failures, and falls from rooftops and elevated platforms are the leading cause of fatal construction injuries in California.
- Struck-by accidents: Falling objects, swinging cranes, flying debris, and worksite vehicles frequently cause traumatic brain injuries, skull fractures, and internal injuries.
- Electrocution: Contact with overhead power lines, exposed wiring, or faulty equipment can cause severe burns, cardiac arrest, nerve damage, and amputation.
- Crane and forklift accidents: Equipment failures and operator errors involving large machinery are a significant source of serious construction worker claims.
- Welding injuries: Burns, toxic fume inhalation, and eye damage from welding operations are compensable under California workers’ compensation.
- Caught-in or caught-between accidents: Heavy machinery, equipment, and trench collapses produce some of the most catastrophic construction injuries.
- Repetitive stress and occupational illness: Sustained physical labor and chemical or dust exposure can cause injuries that develop over time, including respiratory conditions and musculoskeletal disorders.
Injuries range from broken bones and severe burns to spinal cord injuries, amputations, traumatic brain injuries, and permanent disability. Whatever the mechanism, California workers’ compensation can cover the medical treatment and wage replacement available while you recover.
Workers’ Comp Deadlines Stockton Construction Workers Need to Know
California’s workers’ compensation system has strict deadlines that can affect your right to benefits. Under Labor Code §5400, you must notify your employer in writing within 30 days of a workplace injury. Missing that window can jeopardize your claim unless a specific exception applies.
Under Labor Code §5405, you generally have one year from the date of injury to commence proceedings to collect workers’ compensation benefits. For cumulative trauma injuries (repetitive stress or occupational illness), that one-year period begins when you first experience disability and knew or should have known it was work-related, per Labor Code §5412. Death benefit claims must be filed within one year of the worker’s death under Labor Code §5406, and no more than 240 weeks from the date of injury.
Once you submit the DWC-1 claim form, the insurer must authorize up to $10,000 in medical treatment during the investigation period and begin temporary disability payments within 14 days of learning about the injury and your inability to work. If the insurer doesn’t deny the claim within 90 days of receiving your completed form, it’s generally considered approved.
California’s 30-day notice requirement and one-year filing deadline don’t pause while you recover. Stockton construction workers who delay consulting a construction accident attorney in Stockton may risk losing access to benefits. We’re available 24 hours a day, 7 days a week, by phone, text, email, or online scheduling. Your initial case evaluation is free, and we take cases on contingency: no fees unless we recover benefits for you. Call us now at (888) 740-6434.
Workers' Comp FAQ
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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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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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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.
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What is the California 90-day rule for workers’ compensation?
After you inform your employer about your workplace accident, they need to tell the insurance company as soon as possible, usually within the same workday. Then, the claim administrator has 90 days to accept or deny your claim, with medical benefits being provided throughout that time. If there is no response within 90 days, then your claim ends in your favor by default.
