San Jose Construction Accident Lawyer

Do I Have a Construction Accident Claim?

Construction accidents happen far too often in California, resulting in serious and sometimes catastrophic injuries. Worker’s compensation insurance usually covers construction workers’ medical bills and lost income.

However, when a construction accident is the result of a safety violation or third-party negligence, the injured worker may have the option to file a construction accident claim, and seek additional compensation for pain and suffering and other intangible losses.

If you or a loved one suffered injuries in a construction accident, consult an experienced construction accident lawyer in San Jose to discuss your case and your options for financial recovery.

How Dangerous is Construction Work? 

According to the Occupational Safety and Health Administration (OSHA), construction is one of the most dangerous occupations. OSHA identifies the leading causes of construction site fatalities as the “Fatal Four.”

These four hazards are responsible for a significant number of construction-related deaths each year.

They include:

1. Falls: Falls are the most common cause of fatal construction accidents. Workers can fall from heights such as scaffolds, ladders, roofs, or other elevated surfaces. Failure to use fall protection equipment and inadequate safety measures contribute to this hazard.
2. Struck by Object: This category includes accidents where workers are struck by objects or equipment, such as tools, machinery, or materials, which can lead to severe injuries or fatalities.
3. Electrocutions: Electrical accidents occur when workers come into contact with live electrical wires, faulty equipment, or unsafe electrical systems. Electrocutions can be fatal or result in serious injuries.
4. Caught-in/Between: This category includes accidents where workers are caught, crushed, or pinned between objects or machinery. Examples include getting trapped in machinery, between materials, or in excavation collapses.

Common Construction Site Accidents

Construction workers can be exposed to a wide range of other accidents and hazards on the job, such as:

• Machinery Accidents: Operating heavy machinery and equipment can lead to accidents if not done safely. This includes incidents such as getting caught in machinery, equipment malfunctions, and rollovers.
• Trench and Excavation Accidents: Workers involved in digging trenches or excavations are at risk of cave-ins, which can be deadly. Proper shoring, sloping, or shielding methods are essential for safety.
• Fires and Explosions: Construction sites may involve welding, cutting, or other hot work, which can lead to fires and explosions if flammable materials are present and safety precautions are not followed.
• Crane Accidents: The use of cranes in construction poses risks, including crane collapses, load drops, and accidents involving rigging and hoisting.
• Falling Objects: Construction sites often have materials and equipment at elevated positions, posing a risk of falling objects that can injure workers below.
• Structural Failures: Buildings or structures under construction may experience structural failures, which can lead to collapse or partial collapse accidents.
• Transportation Accidents: Workers can be involved in accidents while commuting to or from job sites, or in accidents involving construction vehicles and equipment.
• Respiratory Hazards: Exposure to dust, fumes, or asbestos can result in respiratory illnesses or long-term health problems.
• Chemical Exposure: Workers may come into contact with hazardous chemicals and substances, leading to chemical burns, respiratory issues, or other health problems if proper safety measures are not followed.

Whatever the type of construction accident you were injured in, the best way to get the full compensation you deserve is to work with an experienced construction accident attorney. 

Damages Available to Construction Accident Victims

Through a construction accident lawsuit, victims may be eligible to pursue various types of damages to compensate them for their injuries and losses resulting from the accident. The specific damages available can vary based on the circumstances of the accident and the severity of the injuries.

Common damages available to construction accident victims include:

• Medical Expenses: This includes the cost of past and future medical treatment, hospitalization, surgeries, medications, rehabilitation, and therapy related to the injuries sustained in the accident.
• Lost Wages: Victims may be entitled to compensation for the income they lost due to their inability to work because of the accident. This may include past and future lost earnings.
• Pain and Suffering: Non-economic damages, such as physical pain, emotional distress, and mental anguish, can be compensated based on the severity and duration of suffering caused by the accident.
• Disability or Disfigurement: If the accident results in permanent disability or disfigurement, victims may be entitled to compensation for the impact on their quality of life, appearance, and ability to perform daily activities.
• Loss of Consortium: Spouses or family members of the victim may be eligible for damages if they have suffered a loss of companionship, affection, or support as a result of the accident.
• Property Damage: In cases where personal property is damaged during the accident, victims may seek compensation for the repair or replacement of their belongings.
• Wrongful Death: If a construction accident results in a fatality, the surviving family members may pursue a wrongful death claim, seeking compensation for funeral expenses, loss of financial support, and the emotional toll of losing a loved one.

Consult an experienced attorney who handles construction accident cases to determine the appropriate damages to pursue and ensure that victims receive fair and just compensation for their injuries and losses.

Who Can You Hold Responsible for Construction Accident Injuries?

Construction accidents can happen for many reasons, and determining who is legally responsible depends on the details of the incident. Various parties may be at fault when a worker suffers injuries on the job. 

Employer

Employers are required to maintain a safe work environment and comply with all workplace safety laws. While workers’ compensation insurance typically prevents employees from suing their employer directly, it provides coverage for medical expenses and lost wages regardless of fault. However, if an employer’s willful negligence contributed to the accident, additional legal options may be available. 

General Contractors

When multiple subcontractors are involved in a project, the general contractor has a duty to ensure site-wide safety. If their failure to enforce safety standards or provide proper oversight leads to an accident, they may be held accountable for the injuries sustained. 

Subcontractors

Subcontractors are responsible for the safety of their workers and must adhere to industry regulations. If their failure to follow safety protocols or reckless actions result in an accident, they may be legally liable for the injuries caused. 

Property Owners

In some situations, the property owner may be held responsible if dangerous conditions on the site contributed to the accident. If the owner knew about a hazardous situation but failed to address it, they could be liable for resulting injuries. 

Architects & Engineers

The professionals who design a construction project also have a duty to ensure that their plans meet safety standards. If a design flaw or structural miscalculation leads to an accident, the architect or engineer responsible for the design may be held liable. 

Faulty Equipment & Manufacturer Liability

Construction workers rely on heavy machinery, tools, and protective gear to perform their jobs safely. If a defective piece of equipment or faulty safety gear causes an injury, the manufacturer or supplier of that product may be legally responsible under product liability laws. 

Government Liability in Public Construction Projects

When a construction accident occurs on a publicly funded project, a government agency may be at fault. If a government entity fails to enforce safety regulations or provides inadequate oversight, it may bear responsibility for injuries resulting from unsafe working conditions. 

Understanding who is legally responsible in a construction accident can be complex. Seeking legal guidance from a San Jose construction accident lawyer from our firm can help injured workers determine their options for pursuing financial compensation.

How Can a Lawyer Help with My San Jose Construction Accident Claim?

A lawyer with Alexander Law Group LLP can provide invaluable assistance with your construction accident claim in several ways:

• Legal Advice: Our attorneys have a deep understanding of the complex laws and regulations governing construction accidents. They can navigate the legal system on your behalf, protecting your rights and following the correct legal procedures.
• Investigation: We will conduct a thorough investigation into the circumstances surrounding your accident. This includes collecting evidence, interviewing witnesses, and working with experts to establish liability.
• Identifying Responsible Parties: We will identify all potentially liable parties, including employers, contractors, subcontractors, property owners, and equipment manufacturers. We can hold the right parties accountable to maximize your compensation.
• Calculating Damages: Our lawyers will assess the full extent of your damages, including medical expenses, lost wages, pain and suffering, and long-term medical needs. We will work to ensure that you receive fair and just compensation for your injuries and losses.
• Negotiation: We will negotiate with insurance companies and opposing parties on your behalf to secure a fair settlement. Our attorneys have extensive experience in negotiation and will strive to obtain the best possible outcome for your case.
• Litigation: If a fair settlement cannot be reached through negotiation, our lawyers are prepared to take your case to court. We will provide strong representation in litigation, presenting a compelling case to the judge and jury.
• Support and Guidance: Throughout the process, our attorneys will provide you with support, guidance, and regular updates on the progress of your case. We are here to answer your questions and address your concerns.
• Contingency Fee: At Alexander Law Group LLP, we work on a contingency fee basis, which means you don’t pay any upfront legal fees. We only get paid if we successfully recover compensation for you, making legal representation accessible to everyone.

By enlisting a lawyer from Alexander Law Group LLP, you can focus on your recovery while our experienced legal team fights diligently to protect your rights and secure the compensation you deserve. Your well-being is our priority, and we are committed to helping you navigate the challenges of a construction accident claim with confidence and peace of mind.

Contact us today to discuss your case and take the first step towards justice and recovery.

Contact a San Jose Construction Accident Lawyer at Alexander Law Group Today

If a construction accident injured you or a loved one in San Jose, the experienced San Jose personal injury attorneys at Alexander Law Group LLP can advocate for your rights. We understand the physical, emotional, and financial toll that such accidents can take, and we are committed to helping you seek the compensation you deserve.

Don’t face the challenges of a construction accident case on your own. Let us be your legal allies, fighting tirelessly on your behalf. Contact us today at 408noswap-289-1776 or through our online form for a free, no-obligation consultation. Take the first step toward securing the compensation and closure you need to move forward.

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