San Jose Construction Accident Lawyer

Construction workers have one of the most dangerous jobs in the country, and thousands of individuals are injured every year in devastating accidents. When a construction worker is injured on the job, they have the right to file a claim for workers' compensation benefits under the California Workers' Compensation Act. Even if you were partially or totally to blame for your own injuries, this Act protects your right to compensation.

If you have been injured while working on a construction site, you may be entitled to seek compensation from more than one source. In most cases, your medical costs and additional expenses will far outweigh what you would receive from one source of compensation. A San Jose construction accident lawyer at Habbas & Associates can help you recover the compensation you need from various sources after you have suffered a preventable construction accident.

To schedule a consultation, call (888) 387-4053 or contact us online today.

Common Types of Construction Accidents

A construction accident refers to an unexpected and unplanned incident that occurs during the construction process, resulting in harm to people, property damage, or both. These accidents can happen at construction sites, which are dynamic and often involve various hazardous activities and heavy machinery. Construction accidents can lead to injuries, fatalities, and financial losses.

Common types of construction accidents include:

• Falls: Falls from heights, such as roofs, ladders, scaffolding, or elevated platforms, are one of the most frequent construction accidents. Lack of proper fall protection measures can contribute to these incidents.
• Struck-by Accidents: These accidents occur when a person is struck by a moving object or equipment. Examples include being hit by falling tools, materials, or vehicles on the construction site.
• Caught-in/Between Accidents: These accidents involve a person getting caught, crushed, squeezed, or otherwise trapped between two objects. Examples include getting caught in machinery or between moving equipment and a fixed structure.
• Electrical Accidents: Construction sites often involve electrical work, and accidents can occur due to electrical shocks, electrocution, or fires caused by faulty wiring, equipment, or unsafe work practices.
• Trenching and Excavation Accidents: Accidents related to trenching and excavation can include cave-ins, collapses, or accidents caused by the improper shoring of trenches.
• Machinery Accidents: Construction sites use various heavy machinery and equipment, and accidents can occur when operating or working around them. This includes incidents involving cranes, forklifts, bulldozers, and other construction vehicles.
• Fires and Explosions: Construction sites often involve the use of flammable materials and equipment. Fires and explosions can result from electrical issues, gas leaks, or improper handling of combustible substances.
• Chemical Exposure: Construction workers may be exposed to hazardous chemicals, leading to accidents such as spills, leaks, or inhalation of toxic substances.
• Collapse of Structures: Structural failures, whether during construction or after completion, can result in accidents causing injuries or fatalities. This can include the collapse of buildings, scaffolding, or other structures.
• Repetitive Motion Injuries: Workers may suffer injuries over time due to repetitive motions, such as lifting heavy objects, leading to strains, sprains, or musculoskeletal disorders.

Preventing construction accidents requires strict adherence to safety regulations, proper training, the use of personal protective equipment (PPE), regular equipment maintenance, and constant vigilance on the part of both workers and management.

Common Causes of Construction Accidents

Construction accidents can occur due to various factors. Some of the typical causes of construction accidents include:

• Human Error: Mistakes made by workers or supervisors, whether due to lack of attention, fatigue, or misjudgment, can contribute to accidents. Addressing human factors through training and awareness programs can help reduce the likelihood of errors.
• Lack of Training: Insufficient training for workers on proper safety procedures, equipment usage, and hazard recognition can lead to accidents. Adequate training is essential to ensure that workers are aware of potential risks and know how to mitigate them.
• Poor Communication: Ineffective communication among construction team members can result in misunderstandings, misinterpretations, and a lack of coordination, leading to accidents. Clear communication is vital for ensuring that everyone is aware of potential hazards and safety protocols.
• Unsafe Working Conditions: Failure to maintain a safe working environment can contribute to accidents. This includes inadequate lighting, poor housekeeping, improper signage, and unsafe access to work areas.
• Lack of Personal Protective Equipment (PPE): Failure to use or provide appropriate PPE, such as hard hats, gloves, safety glasses, and harnesses, can increase the risk of injuries. Protective gear is essential to safeguard workers from specific hazards on construction sites.
• Inadequate Supervision: Lack of proper supervision can result in workers taking unnecessary risks, not following safety protocols, or making poor decisions. Adequate supervision ensures that workers adhere to safety guidelines and best practices.
• Equipment Malfunctions: Malfunctions or defects in construction equipment, tools, or machinery can lead to accidents. Regular maintenance and inspections are essential to identify and address issues promptly.
• Fall Hazards: Working at heights without proper fall protection measures, such as guardrails, safety nets, or personal fall arrest systems, poses a significant risk. Falls from ladders, scaffolding, roofs, or other elevated surfaces are common construction accidents.
• Electrical Hazards: Improper handling of electrical equipment, faulty wiring, and inadequate grounding can result in electrical shocks, burns, or fires. Adhering to electrical safety standards is crucial on construction sites.
• Inadequate Trenching and Excavation Safety: Failure to follow proper procedures for trenching and excavation work can lead to cave-ins, collapses, and other hazards. Adequate shoring, sloping, or trench boxes are essential to prevent accidents in these scenarios.
• Weather Conditions: Adverse weather conditions, such as rain, snow, ice, or high winds, can create slippery surfaces, reduce visibility, and increase the risk of accidents. Construction activities should be adjusted or postponed when weather conditions pose a safety threat.
• Subcontractor Coordination Issues: Lack of coordination and communication between different subcontractors on a construction site can lead to overlapping work activities, increasing the risk of accidents. Proper planning and coordination are essential to managing potential conflicts and hazards.

Workers’ Compensation vs. Third-Party Claims in California

If you were injured in a construction accident in San Jose, you may be entitled to workers’ compensation benefits. In California, most employers are required to carry workers’ compensation insurance, which covers:

• Medical expenses
• Partial wage replacement
• Disability benefits
• Death benefits for surviving family members

However, workers’ compensation does not cover non-economic damages such as pain and suffering. That is where a third-party claim may apply.

You may be able to pursue a personal injury lawsuit against a negligent third party, such as:

• A subcontractor
• A property owner
• An equipment manufacturer
• A delivery driver or outside contractor

Unlike workers’ compensation, a third-party claim allows you to seek full compensation, including pain and suffering, loss of enjoyment of life, and other damages.

An experienced San Jose construction accident lawyer from Habbas & Associates can evaluate your case and determine whether you are eligible for both workers’ compensation and a third-party claim.

Construction Accident FAQs

What should I do immediately after a construction accident in San Jose?

Report the incident to your supervisor, seek medical treatment right away, and document everything. If possible, take photos of the accident scene and collect witness information. Then contact an attorney to protect your rights.

Do I have to prove fault to get workers’ compensation benefits?

No. Workers’ compensation is a no-fault system in California. You only need to show that your injury happened while performing your job.

Can I sue my employer for a construction accident?

Generally, workers’ compensation prevents lawsuits against your direct employer. However, you may still sue other responsible parties, such as subcontractors or equipment manufacturers.

How long do I have to file a claim in California?

For workers’ compensation, you must report your injury within 30 days and file a claim within one year. For third-party personal injury claims, the statute of limitations in California is typically two years from the date of the accident.

What if I was partially at fault for my accident?

California follows a comparative negligence rule, meaning you can still recover damages, but your compensation may be reduced by your percentage of fault.

Why do I need a construction accident lawyer?

Insurance companies often try to minimize payouts or deny claims. A skilled lawyer ensures you receive the maximum compensation available by building a strong case on your behalf.

Why Choose Our Firm?

At Habbas & Associates, we understand the unique challenges faced by construction workers and their families. Our team has years of experience handling both workers’ compensation and third-party claims in San Jose. We are committed to:

• Thoroughly investigating your accident
• Identifying all liable parties
• Negotiating aggressively with insurance companies
• Taking your case to trial if necessary

You deserve a lawyer who has the knowledge, resources, and experience to handle your claim and assist you in the claims process. With over 200 years of experience helping injured victims, we have proven our ability to successfully represent our clients for a vast number of accident claims.

Contact a San Jose personal injury attorney today regarding your injuries and learn how we may be able to help you seek compensation!