San Jose Construction Injury Lawyer

San Jose Construction Injury Attorney

All manual labor jobs carry physical risks, but construction workers may face severe dangers to their physical safety at a significantly higher level than in other industries. Workers’ compensation is an important benefit offered to California construction workers in the event of a work-related injury or job site accident. If you’ve been injured on a job site, it is important that you speak with a San Jose construction injury lawyer as soon as possible.

Construction Injury Representation in San Jose, CA

The attorneys at Wiesner English, P.C., represent injured workers throughout a wide range of industries. Our extensive knowledge of workers’ compensation law and the related legal issues surrounding it have enabled us to focus our practice exclusively on helping workers receive the comprehensive compensation they deserve.

We know the stress that can accompany workers’ compensation cases. We offer legal counsel and guidance to workers pursuing compensation, taking care of arising issues so that our clients can ultimately focus on recovery. For dedicated and diligent representation in your construction injury case, speak with a member of our team for a case review and consultation.

What Are Common Construction Injuries?

The Occupational Safety & Health Administration (OSHA) oversees worker safety throughout the country, aiming to ensure safety standards are established and enforced. According to OSHA, there are four main hazards facing construction workers on job sites:

• Slip-and-fall accidents. Misplaced items, unprotected areas, and spills and leaks are common causes of slipping and tripping for workers. Many falls result from uneven surfaces, improper mounts on equipment, ladder accidents, and inadequate fall protection equipment. Falls from greater heights, such as roofs, high ladders, and scaffolding, can lead to more severe damage.

  Fall injuries include broken bones, head injuries, and spinal cord injuries.

• Struck-by-object injuries. When an object or piece of equipment strikes or impacts a person, this could lead to serious injury. Improperly stacked materials or unsecured suspended loads risk falling on top of a worker, among other dangers.

  Struck-by-object injuries include traumatic brain injuries, lacerations, contusions, and fractures.

• Electrocution. Improper coverings, defective or damaged equipment, inadequate insulation, and improper use can all lead to electrocution. Construction workers are frequently at risk, as job sites often have parts that are energized or otherwise exposed to electricity.

  Electrocution leads to burns, nerve damage, and even cardiac arrest.

• Caught-in-between accidents. When a worker is pinned, crushed, squeezed, pinched, compressed, or caught between two objects, this creates a dangerous situation that can lead to fatal or severe injury. Workers who are positioned in areas between a moving and a fixed object, such as a wall and a bulldozer, are prone to being crushed, while others could have clothing or other worn objects caught by moving machinery.

  Caught-in-between injuries include broken bones, crush injuries, lacerations, and impalement.

In addition to the four most common hazards, construction workers face many additional risks, such as exposure to harmful chemicals and other substances, leading to burns, eye damage, or illness. Construction workers could also be prone to long-term damage, such as rotator cuff tendonitis from repetitive strain motions.

What Are California’s Workers’ Compensation Laws?

Workers’ compensation benefits should be offered to those workers who have been injured in a work-related accident or in the course of performing work-related duties. Rather than holding an employer liable or requiring an injured worker to prove negligence to receive compensation, the workers’ comp system seeks to protect both parties. It does so by often entitling workers to compensation regardless of fault while ensuring that the employer will not be liable for civil damages in most cases.

California’s workers’ compensation system is a no-fault system. This has two implications. First, an injured worker is entitled to pursue compensation even if they are partially or completely at fault for the work accident. As long the circumstances of the injury do not give rise to a legal defense, such as being caused by voluntary intoxication, it’s likely that you can collect a claim award.

The workers’ compensation no-fault system means that an injured worker does not carry the burden of proving negligence in order to secure compensation. Unlike a personal injury claim, workers’ compensation does not require that any wrongdoing was committed in order for the injured employee to obtain compensation.

How Do I Apply for Workers’ Compensation?

If you’ve suffered an accident or injury while at a construction site, it is advised that you first follow these steps:

1. Get immediate medical attention. Sites might have first aid and trained professionals on site. Depending on the severity of the accident, it is recommended to see a medical professional as soon as possible. Not all injuries are immediately apparent, and maintaining a proper record of medical examinations could help you in building your compensation case to ensure appropriate medical expenses are covered.
2. Report the injury to the supervisor on site. It is advised to alert your employer of any accident or injury as soon as possible. Often, these first two steps will overlap. In cases in which the injury is a condition that resulted from long-term strain rather than an accident, you should inform your employer as soon as you become aware of the issue. Consider retaining a copy of the accident report for your files.
3. File a claim. With medical records and an accident report in hand, you may be ready to file your worker’s compensation claim. Filing works much like working with any other insurance claim and requires that you provide information regarding the injury and accident. Gaps in paperwork or timing could result in unnecessary delays.

Though not legally required, consulting a workers’ compensation attorney during these steps is a highly recommended step toward ensuring you have rightly filed a claim that may potentially result in the maximum allowed benefits.

What Can Workers’ Compensation Cover in My Construction Accident?

Workers’ compensation may cover several important areas related to your recovery. When the insurance company reviews your case, they may evaluate your claim with a view of the following:

• Medical bills. Treating construction injuries can incur costly medical bills and expenses. Hospitalization, emergency procedures, intravenous care, surgeries, follow-up visits, and medication are among the types of charges that may be covered by your workers’ comp claim.
• Lost income. Treatment and recovery could require potentially significant time off work. Your workers’ comp claim may aim to cover a portion of the lost wages that result from being out of work. In more severe cases, workers are unable to return to work due to their injury, leading to disability. In these cases, your claim may include compensation for loss of future earning capacity.
• Funeral expenses. In the case of a wrongful death, whereby the accident leads to the death of an employee, the worker’s family would be entitled to claim workers’ compensation on their behalf. In it, the claim could include coverage for funeral expenses, burial fees, and other financial burdens related to internment.

How Can an Injury Attorney Help in My Case?

California law requires injured workers to go through workers’ compensation as the exclusive legal remedy to pursue compensation for their damages in most cases. As a result, workers are most often unable to sue their employer to recover civil damages. Therefore, ensuring that your claim is both comprehensive and complete may be paramount to securing a more appropriate benefit award.

If you partner with one of our qualified and experienced attorneys, we can help by:

• Gathering documentation and evidence to demonstrate compensation eligibility
• Appealing any potential claim denials
• Negotiating settlements on your behalf for any benefits dispute
• Helping the claim continue to move forward with less delay
• Representing you if the insurer attempts to force you back to work before your recovery is complete

What About a Third-Party Liability Claim?

In addition to helping you with your workers’ compensation claim, your attorney can discuss whether a third-party liability claim is appropriate in your case. Some accidents are the result of fault or negligence on the part of another party that is not your employer. In those cases, a personal injury claim may be filed in order to claim additional damages.

For example, if you were injured on the job site because another company was negligent, such as by failing to mark off a hazard or by improperly operating machinery or equipment, you could pursue a personal injury case against the at-fault company. In order to do so, you will be required to demonstrate evidence of wrongdoing by proving that both the negligent behavior occurred and that it directly led to your workplace injuries.

Personal injury cases may provide the opportunity to seek additional types of damages you can’t recover through workers’ compensation, including pain and suffering. Because the burden of proof rests on you, it is highly recommended you work with a qualified attorney with experience in litigation and personal injury claims.

Your San Jose Construction Injury Attorney

If you’ve been injured at all in a construction accident or other work-related incident, do not hesitate to consult with a qualified and skilled construction injury attorney. The team at Wiesner English, P.C., is dedicated to helping injured workers receive what they deserve, enabling them to concentrate on fully recovering. For a consultation or to get started with your claim, contact our office today.