San Jose Construction Accident Lawyer
When you’ve been injured on a worksite, you should know that you might be able to get more money than what workers comp provides. Find out if your situation qualifies by discussing your case with a San Jose construction accident lawyer.
When you arrive to work at a construction site, you are trusting everyone you work with to observe safety protocols so that no one gets injured. You don’t expect to get hurt as a result of doing your job, but sadly, sometimes serious injuries occur because of someone else’s negligence.
Victims of construction accidents often have severe fallout that they have to deal with. Whether this takes the form of catastrophic injuries, a loss of income from time taken off of work to recover, or any other losses and expenses, construction accidents can leave employees struggling to get their life back on track.
Luckily, there’s a way to make recovery easier. Hiring a San Jose construction accident lawyer from Bohn & Fletcher, LLP will ensure that your claim’s process goes smoothly. Our attorneys will do everything in their power to obtain the maximum amount of compensation available for your claim.
When Can I File a Personal Injury Claim for a Construction Accident?
There’s a common misconception that the only type of claim that can be filed following a construction accident is a workers compensation claim. This, however, is not always true, and it’s important to know when you are a candidate for a personal injury claim, as well.
If you were injured by one of the following, you can file for a personal injury claim seeking full compensation after your construction accident:
- Gross Employer Misconduct – Your employer has a responsibility to create a safe, non-harmful environment for you to work in. If your employer behaved or conducted themselves in such a way that you were put at risk, your San Jose construction accident lawyer may be able to file a personal injury claim on your behalf. An example of this would be an employer who refuses to provide their employees with protective equipment while they are on the job.
- Toxic Substances – Construction workers are forced to work with all sorts of materials to complete their jobs. However, if you were made to work with substances or materials that were toxic and you were injured as a result, you may be able to file a personal injury claim.
- Third-Party Involvement – These types of construction accident cases are brought about when someone who is not employed by the construction company causes the injury. For example, if you were hurt by an outside party such as a motorist or a negligent equipment manufacturer, you can file for compensation.
Common Types of Construction Accidents
Due to the ever-changing landscape of the construction industry, there are many different types of construction accidents that can occur. Every project is different, and so the risks construction workers face can be drastically different from one case to the next. However, there are some common types of accidents that do tend to occur on construction sites more frequently than others.
Your San Jose construction accident lawyer will have experience handling claims for a wide variety of different accident types:
- High-height falls (e.g., falling from scaffolding or a ladder)
- Being struck by falling debris, tools, or materials
- Accidents caused by heavy machinery, such as cranes and forklifts
- Slip-and-fall accidents on the construction site
- Fires or explosions from gas, pipes, or electrical systems
- Being electrocuted
Common Construction Injuries and the Damages That Follow
Sadly, there is a bit of an inherent risk involved with working in the construction industry. Most often, construction workers who were involved in an accident suffer injuries in their neck, back, ankles, or shoulders. This often includes broken or fractured bones and severe sprains. These injuries can be brought about by anything from repetitive motions, which may cause mobility issues, to more severe injuries brought on by severe falls or a collapse of the scaffolding that they’re working on.
Workers are also commonly at risk for spinal injuries. Spinal injuries can have permanent or semi-permanent effects that have a long-lasting impact on the quality of your life. Additionally, victims of construction accidents may find themselves dealing with burns or illnesses brought about by toxic chemicals they are forced to use to complete their projects, or when demolishing older buildings.
Finally, construction accidents have the potential to leave victims with head or brain injuries, which may range from a minor inconvenience to severe trauma. Brain damage can have a wide range of effects on your life. You might experience chronic headaches, seizures, loss of consciousness, or confusion. In the most severe construction accidents, victims may even end up in a coma.
Compensation from an Industrial Accident
Any injuries you sustained will play a crucial role in determining the amount of compensation you receive for your on-the-job accident. Your San Jose construction accident lawyer will use your doctor’s analysis and diagnosis to prove how these injuries have impacted your life and how they qualify you to receive meaningful compensation.
After a construction accident, you have the legal right to seek compensation for the damages and suffering you’ve been through. Your San Jose construction accident lawyer will do everything possible to not only obtain compensation for your financial expenses, but to also recover damages for how your quality of life has suffered.
Your attorney may seek compensation for any of the following damages that apply to your cases:
- Medical bills, medications, and any rehabilitative costs you may incur
- Compensation for any wages lost or wages you may lose in the future due to your accident
- Pain and suffering
- Loss of consortium or companionship
- Emotional distress or trauma
San Jose Construction Accident FAQ
After getting hurt on the job, you’re going to have a number of questions that need answering. To that end, we’ve provided answers to a few of the most common here. However, if you don’t see your question, you can get the information you need by calling our office and speaking with a San Jose construction accident lawyer.
What is the difference between a workers comp claim and a personal injury claim?
Workers compensation only covers your medically necessary healthcare expenses and a percentage of your lost wages. A personal injury claim will allow you to recover full compensation for all of the financial expenses and non-economic damages you suffer because of your injuries.
Can I sue my employer after a construction accident if they don’t carry workers comp insurance?
Normally, you aren’t able to name your employer in a personal injury claim after getting hurt at work. However, if your employer doesn’t carry an active workers comp policy, then you can sue them and seek compensation from them directly.
Who’s responsible if I was injured because my safety gear was defective?
It depends on the cause of the defect. If it was a manufacturing or design flaw, the gear’s manufacturer might be liable, giving you the option to file a personal injury claim. If your employer failed to maintain the gear but knew about the problem, it might be argued that this qualifies as gross negligence, which could also qualify.
Allow a San Jose Construction Injury Lawyer to Help
Recovering from a construction accident is difficult enough without legal obstacles to deal with. If you’ve been the victim of an on-the-job incident, allow Bohn & Fletcher, LLP to provide you with the legal counsel you need. Our attorneys are equipped with a wealth of legal knowledge and hands-on experience, which will provide you with the peace of mind you need to know that your claim is being handled the right way.
If you’d like to speak to a member of our staff regarding your accident and the next steps to take, get in touch with us today. Contact us by phone at 408-556-9780. You can also reach us online to schedule a free consultation with a San Jose construction accident lawyer by filling out our contact form, which can be found at the bottom of the page.