85+ Years of Legal Experience in Your Corner
Due to the inherent dangers of construction sites, property managers, owners, and employers are responsible for maintaining adequately safe conditions for employees. Unfortunately, when someone acts negligently while in a dangerous area such as a construction site, nearby people are at high risk for serious injury.
This often results in serious physical pain, costly medical expenses, lost wages due to missed time at work, and more. At Caputo & Van Der Walde LLP, each member of our legal team is ready to defend the rights of those harmed by the carelessness, recklessness, and negligence of others.
What Type of Personal Injury Claim Can You File for a Construction Accident?
Many people believe a person who has been injured on the job can only file a workers’ compensation claim. That is far from the truth.
If you have been injured while working on a construction site, you also may be able to file a personal injury lawsuit for the following:
- Third-party involvement: These types of suits are appropriate when a person other than the construction company that employs you. Example: You were injured on the construction site by a delivery driver.
- Gross employer negligence: These types of suits are filed when an employer acted in a way that put an employee’s safety at risk. Example: Your employer failed to provide you with adequate safety equipment, and you were injured as a result.
- Toxic substances: These types of suits are filed when an employer is injured because of exposure to toxic and harmful substances. Example: You inhaled asbestos dust while renovating an old building
How Much Compensation Can I Receive in a Construction Accident Lawsuit?
The amount of compensation you may be eligible to receive is directly related to the types of injuries you suffer, the type of pain and suffering you have and will endure, potentially lost wages, and more. For this reason, your medical evaluation and diagnosis will serve as proof that the accident greatly affected your quality of life.
When you work with Caputo & Van Der Walde LLP, our construction accident attorneys can pursue compensation for:
- Physical pain and suffering
- Emotional distress
- Medical expenses
- Cost of medications
- Rehabilitation expenses
- Lost wages
- Loss of consortium
Workers’ compensation covers necessary medical expenses and a fraction of lost wages. On the other hand, if your personal injury lawsuit is successful, you may be compensated for full monetary expenses as well as the non-economic damages you suffered as a result of your injury.
If you have suffered serious injuries or have lost a loved one due to a construction accident, you might be able to file a lawsuit against one of the following parties:
- General contractor
- Manager of defective machinery
- The architectural firm responsible for the site
- Owner of the property
The most common harmful construction accidents are:
- Burns and electrocution
- Stuck in/between objects
- Struck by object
- Exposure to toxic chemicals and aerosolized pollutants
- Injuries caused by faulty safety equipment, dangerous site conditions, or poor supervision
When businesses fail to provide a safe setting for their employees, accidents can result in:
- Head injuries
- Fractured or broken bones
- Brain injuries
- Spinal cord injuries
What to Do After a Construction Accident
The actions you take after suffering a construction accident are key to the legitimacy of your future injury claim. Although every construction accident is unique, as are the circumstances of why the accident happened, there are usually universal steps that should be taken after one happens.
After being in a construction accident, you should:
- Call for help: Immediately call for help. If you are seriously injured, you should call 911. Do not wait for your employer to assess your injury to take action. Prioritize your health and safety.
- Report your injury: As soon as you can, report your accident and injury to your employer. Make it formal and fill out an accident report. Do not assume that your employer will fill out the report for you.
- See a doctor: If you are not taken to the emergency room after your accident, you still need to go to urgent care immediately. You should get a checkup from a medical professional who can diagnose the extent of your injuries and create a recovery plan.
- Call a lawyer: Seeking compensation after a construction accident is not easy, especially if your employer wants to deny that you were hurt at all. You should always seek the counsel of a professional San Jose construction accident lawyer, no matter what type of legal claim you need to file next.
What Is a Third-Party Construction Accident Claim?
Our law firm focuses solely on third-party construction accident claims. When a worker was hurt on a jobsite but due to a third party’s negligence, like a worker from a different company or on a different contract, they can come to us for help working on a civil injury claim.
Like any civil injury claim, this process will require uncovering evidence, calculating damages, proving that our client was not liable for the accident, negotiating for a settlement, and so forth.
Parties that can file a personal injury claim after a construction accident include:
- Workers injured by third parties: As mentioned, we direct our attention to cases that involve workers who are injured on the job but not due to their employer’s negligence. For example, we worked on a case in which our client slipped on a recently mopped but unmarked floor, fell, and suffered serious injuries. The worker who mopped the floor was contracted by another employer, so a third-party claim against that employer was justified.
- Pedestrians/drivers: Were you driving through a construction zone or walking by one when you were hurt due to a defect with the job site? You can file an injury claim against the construction firm and other parties responsible for your accident, as you would after any other type of pedestrian or car accident.
Importantly, we can help injured construction workers with civil injury claims and who have also filed a workers’ compensation claim independently or with a workers’ compensation firm. Do not assume that you can’t file a third-party injury claim just because you qualify for workers’ comp.
Speak to Our Legal Team in San Jose Today!
Each worker has the right to perform their duties in an environment free of hazards and safety risks. If you or a loved one has suffered a serious injury in a construction accident, you should immediately get in touch with our lawyers to determine your legal options.
Our firm has more than 85 years of combined legal experience, and we have the skills needed to pursue financial compensation for you and your family. Our firm has protected the legal rights of hundreds of personal injury clients and we have recovered millions of dollars in damages. Let us put our skills to work for you.
CONSTRUCTION ACCIDENT FAQ
Can I get workers’ compensation and file a third-party injury claim?
Yes, in many cases, an injured construction worker has the right to file a workers’ compensation claim and a third-party injury claim against another party that is not their employer. For example, a third-party contractor on a construction site hits a worker with a forklift while not paying attention. The injured worker might be able to file for workers’ compensation benefits through their employer while also pursuing a civil claim against the forklift driver and their employer.
Do workers’ compensation benefits influence a third-party injury claim?
Yes, any benefits paid out by workers’ comp do need to be paid back to the workers’ compensation insurance carrier if a recovery/settlement is made through a third-party claim. In other words, you cannot gain benefits/compensation for the same damage twice.
Does the firm handle workers’ compensation claims?
We exclusively handle third-party construction injury claims that other firms often do not have the experience or resources to manage. If you have a workers’ comp claim to file, too, then we might be able to refer you to a law firm that we trust to do the job well.