Being one of the fastest-growing cities in the world, San Jose is home to numerous construction projects that have brought jobs and opportunities to local construction workers. Despite this, working on a construction site can be dangerous. Workers failing to receive proper training increases their risk of becoming involved in an accident or sustaining injuries.
Construction workers often depend on their co-workers and contractors to observe and uphold safety practices - however, the risk of an accident is always present despite proper training. Medical costs, lost income or wages, and the emotional pain and suffering someone may experience after an accident can overwhelm the injured construction worker and their family.
After a construction accident, your primary focus should be on recovery. If you were involved in a construction accident and sustained injuries, put your trust in our team of San Jose construction accident attorneys at Galine, Frye, Fitting & Frangos.
Our experienced construction accident lawyers are ready to hold all liable parties accountable for your losses and help you obtain the compensation you need to move forward after an accident.
We have extensive experience representing construction employees and other individuals who have suffered an injury in construction accidents. Let us negotiate a fair settlement on your behalf and ensure you receive the best possible outcome in your case.
- Consult a San Jose Construction Accident Lawyer at Galine, Frye, Fitting & Frangos
- Steps to Take After a Construction Accident
- What Are Some Common San Jose Construction Accidents?
- Determining Liability in Construction Accident Cases
- Workersâ Comp versus Third-Party Claims in Construction Accidents
- Construction Accident FAQs
- Consult a San Jose Construction Accident Lawyer
- Galine, Frye, Fitting & Frangos, LLP
Consult a San Jose Construction Accident Lawyer at Galine, Frye, Fitting & Frangos
Injuries that result from construction accidents are often severe, and victims of these accidents often require ongoing medical care, treatments, and medications. The cost of ongoing expenses and medical tests can become burdensome. When you cannot work because of your injury, the emotional stress of being unable to pay your bills can begin to feel overwhelming.
Be sure all medical documentation contains the names of your doctors, the date of service, and a list of any prescribed medications. Consult one of our construction accident attorneys. We will evaluate your claim, help you understand your rights, and fight for your rights.
With time, critical evidence may become lost, so you shouldn’t wait too long to consult with an experienced construction accident lawyer. Working with a knowledgeable attorney who understands the complexities of construction site accidents and can handle the investigation will allow you to focus on recovery.
Never fight alone against the insurance companies or any other party responsible for your injuries. If you or a loved one was involved in a construction accident, don't hesitate to contact one of our San Jose construction accident lawyers. Never settle for less than what you deserve; our lawyers can help negotiate a higher settlement award on your behalf.
Steps to Take After a Construction Accident
High elevations, heavy equipment, and electricity make construction sites dangerous places to work on or even be around. The risk for fatal accidents on a construction site is higher than the average for most other industries.
From minor bruises to more catastrophic injuries, construction workers regularly face hazards on construction sites and often become involved in avoidable accidents. After a construction accident, workers who suffer injuries can protect their rights.
Recovering damages for injuries after a construction accident can be difficult, but taking the proper steps can make the process easier. Follow these recommendations after a construction accident to ensure you receive the compensation you need and deserve.
Report the Accident
Failure to report an injury after an accident is too common. Injured workers often fear losing their job, immigration status, or being blamed for the accident. While an accident victim may feel loyalty to their employer or decide against reporting the accident to avoid causing financial stress to others, injured workers need to report their accident without delay.
Failure to report an accident promptly may make it more challenging to establish the necessary documentation, ultimately complicating the process of proving liability. When injured workers fail to report a worksite accident, they risk their ability to recover workers' compensation benefits.
In cases where litigation becomes necessary, it can jeopardize critical evidence. As time passes, memories fade, and the victim or other witnesses may misremember the incident. Reporting the accident to your supervisor or whoever is in charge is not only in your best interest but can also potentially expose any unsafe practices and prevent future injuries.
Note who accepts the report and the date you submit it should you decide to take legal action in the future. Before signing any forms, consult a construction accident lawyer who can advise you on the next best steps and determine if you should pursue a higher settlement award.
Seek Medical Attention
Get prompt medical attention after a construction accident. Even if you feel fine or believe you didn't sustain an injury, seeking a medical professional's advice is the only way to ensure that you weren't seriously injured.
Symptoms of spinal injuries, head, neck, or traumatic brain injuries can take days to become apparent, but the damage may be irreversible in some cases. The most crucial step in your recovery is promptly treating your injuries by having a doctor assess the full extent of your condition. Having documentation of your medical tests and treatments can benefit your case.
You need medical records when filing a workers' compensation claim, and showing your employer that you sought treatment for your injuries right away will benefit your claim.
After filing a workers’ compensation claim, the accident victim should seek medical treatment from a provider approved by their employer under their workers' compensation insurance. When your employer does not carry workers' compensation insurance, you should seek medical attention from your primary care physician. Contact emergency services immediately if you've sustained a severe or life-threatening injury.
What Are Some Common San Jose Construction Accidents?
Construction sites are full of potential hazards, and anyone who has worked on one understands that the risk of an accident is always present. Often, these accidents happen through no fault of an employee, and because every construction project is different, the risks that a construction worker may face on one site will differ from project to project. Despite this, construction sites, like any worksite, should take proper care and precautions.
Some of the most common causes of construction accidents include:
- Falls: When safety equipment on construction sites fails, or employers don't make it readily available for their workers, it can lead to an accident. Falls are one of the most common accidents on construction sites, and when these falls happen at high elevations, they can lead to severe injury or death. When a construction worker steps off an open-sided floor such as a stairwell that doesn't have the proper guardrails, they risk falling and severely injuring themselves.
- Being struck by objects: According to OSHA reposts, an object hits a construction worker every ten minutes. Objects may fall or swing into someone working on a construction site.
- Electrocution: Electrical accidents are one of the leading causes of death on construction sites. These types of accidents are often the result of undertrained or undereducated workers. Exposed wiring and wet conditions put construction workers at risk of becoming injured.
- Caught in-between: When workers become caught between two machines, equipment, or tools, their body is often compressed or crushed, causing severe injury. Victims of these accidents can sustain broken bones, muscle strain, and torn ligaments, and in extreme cases, accidents may kill workers. Some common examples of caught-in-between accidents are the machinery being improperly locked down or guarded and scaffolds falling because they are not properly constructed or protected.
If you or a loved one has suffered an injury in a construction accident, get in touch with one of our experienced construction accident lawyers as soon as possible. The list of accidents above is just some of the many potential accidents that construction workers may experience. No matter what led to your workplace injury, contact one of our construction accident lawyers when you experience a hazardous situation.
Determining Liability in Construction Accident Cases
Proving responsibility for a construction accident requires completing a series of complicated tasks. An experienced construction accident lawyer can help you recover compensation for your injuries by identifying all liable parties in your case and proving their liability. The first step in determining liability in a construction accident case is establishing that another person or entity was negligent.
Establishing negligence often involves showing that the negligent party owed you a duty of care; they breached that duty of care, the breach of care led to the accident, and the injuries and losses you suffered were a direct result of the accident.
You can hold many parties liable for a construction accident, including:
- The owner of the construction site
- The owner of the construction company
- Contractors or subcontractors
- Anyone responsible for constructing machinery or equipment
Because proving negligence in construction accident cases is often challenging, you should consider reaching out to a knowledgeable San Jose construction accident lawyer who can handle every step of your case. Our attorneys will use our resources and skills to ensure you receive the compensation you deserve after a construction accident.
Workers’ Comp versus Third-Party Claims in Construction Accidents
Employers must carry workers' compensation insurance to cover workplace accidents. With workers' compensation claims, the injured party has no burden of proving that their employer was negligent in retrieving benefits. If you sustained a work-related injury and your injury did not occur because of misconduct, drug, or alcohol impairment, you have the right to workers' compensation benefits.
You must file your workers’ compensation claim within one year of a work-related accident. Benefits under workers’ compensation insurance cover the cost of medical care, including ongoing costs, lost wages, and temporary and permanent disability benefits. In cases where the victim dies, their family can recover wrongful death benefits.
Instead of or in addition to workers’ compensation benefits, injured victims of workplace accidents have the right to take legal action depending on the specifics of their situation. For example, when someone other than your employer is responsible for causing an accident where you suffered an injury, or your employer fails to carry workers’ compensation insurance, you can file a lawsuit for compensation.
We can file third-party negligence claims in cases where someone other than the injured party’s employer contributed to the accident. General contractors, subcontractors, and property owners are all examples of third parties. Injured construction workers can pursue a lawsuit against third parties, including general contractors, subcontractors, and property owners.
Consulting an experienced construction accident attorney at Galine, Frye, Fitting & Frangos is the best way to maximize your chances of receiving the compensation you deserve. One of our construction accident lawyers can help you understand your rights, explain options available in your case, and fight to recover all available damages in your claim.
Construction Accident FAQs
What are some common injuries that occur from construction accidents?
The hazards present on construction sites can lead to accidents that result in devastating injuries or fatalities. Construction workers often work high above the ground with heavy equipment or around structures that may be unstable. When something goes wrong on a construction site, there are often dire consequences, and injured victims may suffer debilitating injuries and require ongoing treatment.
Some common injuries that result from accidents that occur on construction sites include:
- Broken bones
- Spinal cord injuries
- Total paralysis
- Second and third-degree burns
- Traumatic brain injuries
- Internal bleeding
- Organ damage
- Crushed/ limbs requiring amputation
- Vision loss
- Hearing loss
After a construction where you’ve sustained injuries, don’t hesitate to contact our legal team at Galine, Frye, Fitting & Frangos. We’re prepared to help you review your options and discuss your case during an initial consultation.
What damages are available in a constriction accident claim?
After a construction accident, you may be suffering from debilitating physical and emotional pain. Figuring out how to cover the cost of mounting medical expenses should be the last thing on your mind.
Some examples of compensable damages after a construction accident include:
- Emotional pain and suffering
- Medical expenses, including the cost of medications and ongoing treatments
- Compensation for lost wages
- Cost of rehabilitation
- Loss of earning capacity
- Loss of companionship
- Permanent disability or death
If you’re unsure of what type of damages you should pursue, consult with one of our construction accident lawyers, who can calculate the value of your claim and work to get you the financial compensation you need to recover. Schedule an initial case review with one of our San Jose construction accident lawyers as soon as possible to secure your case’s best outcome.
Is there a Statute of Limitations for construction accident claims in California?
The statute of limitations for construction accidents in California is two years from the date of the accident; failing to file a lawsuit within this time means you forfeit your right to recover damages for your losses.
Consult a San Jose Construction Accident Lawyer
Following a construction accident where you sustain injuries, you have questions. Our personal injury lawyers can answer them and provide you with pertinent legal information about your claim.