San Jose Construction Accident Lawyers
Injured in a construction accident injury on a construction site in San Jose? Facing lost wages, mounting medical bills, and the overwhelming stress of recovery? You’re not alone. At Scher, Bassett & Hames, our experienced construction accident attorneys are dedicated to protecting the rights of injured construction workers throughout San Jose and Santa Clara County. We have a proven track record of securing maximum compensation for our clients, holding negligent parties accountable, and ensuring injured workers receive the care and benefits they rightfully deserve.
Case Results- Real Victories for Injured Construction Workers
Our track record isn’t just about numbers; it’s about real people whose lives we’ve helped rebuild after devastating construction accidents. Here are some examples of the compensation we’ve secured for our clients in San Jose and the surrounding areas:
A worker at the An-Jan facility suffered severe injuries when chemicals exploded during transport. We successfully obtained $250,000 in workers’ compensation benefits, plus $200,000 for medical expenses, and an additional $250,000 through a civil lawsuit against An-Jan.
A man fell from scaffolding and sustained a serious head injury requiring surgery and partial brain removal. We fought for him and secured a workers’ compensation settlement for 100% permanent disability, resulting in approximately $1.25 million in indemnity benefits.
A gentleman working at the Fox Theater in Hanford was struck in the head by negligently installed equipment. We helped him obtain $350,000 in workers’ compensation benefits and an additional $750,000 through a civil lawsuit against the electrician’s company.
These cases highlight our firm’s ability to navigate both workers’ compensation claims and personal injury lawsuits to maximize compensation for our clients. We understand the complexities of construction accident law and are committed to securing justice for injured workers through both workers’ compensation and personal injury claims.
Why Choose Scher, Bassett & Hames for Your Construction Accident Claim?
We've secured millions of dollars for injured construction workers in San Jose and throughout California. Our client testimonials speak to our dedication and success.
Our attorneys have decades of combined experience handling complex construction accident cases. We know the law, we know the tactics insurance companies use, and we know how to win.
We understand that every case is unique. We'll take the time to listen to your story, understand your concerns, and develop a personalized legal strategy that meets your specific needs.
We work on a contingency fee basis, which means you only pay us if we win your case. This allows you to focus on your recovery without worrying about legal fees.
We Handle All Types of Construction Accidents & Injuries
Falls from scaffolds can cause serious injuries like broken bones, head trauma, and spinal cord damage.
Falls from ladders are a common cause of construction site injuries, ranging from sprains and strains to more severe injuries like broken bones and head trauma.
Collisions with forklifts, being struck by falling loads, or being caught in between a forklift and another object can lead to serious injuries or death.
Contact with live wires or energized equipment can cause burns, electrical shock, and other serious injuries.
Tools, building materials, and other objects falling from heights can strike workers below, causing head injuries, broken bones, and other trauma.
Accidents involving dump trucks, cement mixers, cranes, and other construction vehicles can be devastating, resulting in serious injuries or fatalities.
Common Causes of San Jose Construction Accidents
Many workplace injuries in construction are preventable and occur due to the negligence of employers or construction companies. This may include failure to provide adequate safety training, failure to maintain equipment, or failure to enforce safety regulations. When an employer fails to prioritize worker safety, the consequences can be catastrophic.
Construction workers rely on a wide array of tools and equipment, from power tools and scaffolds to cranes and forklifts. When these tools are defective or poorly maintained, they can malfunction, leading to serious accidents and injuries.
Falls from ladders, roofs, scaffolding, and other elevated surfaces are the leading cause of death in the construction industry. These falls can result in broken bones, spinal cord injuries, traumatic brain injuries, and other life-threatening conditions.
Construction workers can be struck by falling objects, swinging loads, or moving vehicles. These accidents often cause crush injuries, broken bones, and head trauma.
Construction sites are full of electrical hazards, including exposed wires, damaged power lines, and faulty electrical equipment. Electrocution can cause severe burns, organ damage, and even death.
Construction workers may be exposed to asbestos, lead, silica dust, and other toxic chemicals. These substances can cause a variety of serious health problems, including cancer, respiratory illnesses, and neurological disorders.
The Devastating Impact of San Jose Construction Injuries
The construction industry is essential for San Jose’s growth, but it also comes with inherent risks. Construction sites are rife with hazards, and construction site accidents can occur in the blink of an eye, resulting in severe or even fatal injuries.
Construction site injuries can leave workers with debilitating injuries that affect every aspect of their lives.
Understanding the Dangers of San Jose Construction Sites
Some common injuries include:
TBIs can cause cognitive impairments, memory loss, personality changes, and difficulty with everyday tasks. Severe TBIs can even result in permanent disability or death.
Damage to the spinal cord can lead to partial or complete paralysis, chronic pain, and a loss of mobility.
These injuries can be extremely painful and may require surgery, casts, and lengthy recovery periods.
The loss of a limb is a life-altering injury that requires extensive medical treatment, rehabilitation, and emotional support.
Chemical burns, electrical burns, and thermal burns can cause severe pain, disfigurement, infection, and even death.
Construction accidents can cause internal bleeding, organ damage, and other injuries that may not be immediately apparent but can be life-threatening.
The trauma of a construction accident can lead to anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health issues.
Protecting Your Rights After a San Jose Construction Accident
If you’ve been injured in a San Jose construction accident, you should consult with an experienced construction accident attorney to understand your legal rights. Our experienced construction accident attorneys can help you navigate the complex legal process and fight for the compensation you deserve.
Workers’ Compensation Benefits Can Include:
Coverage for all reasonable and necessary medical treatment related to your work injury, including doctor visits, hospital stays, surgery, medication, and physical therapy.
Payments to replace a portion of your lost wages while you’re recovering from your injury and unable to work.
Payments if your injury results in permanent impairment or disability.
Assistance with retraining or job placement if you’re unable to return to your previous job due to your injury.
If a worker is killed in a construction accident, their dependents may be eligible for death benefits, which can include funeral expenses and financial support.
Don't Let a Construction Accident Ruin Your Life
An injured worker in a construction accident can be left with physical pain, emotional trauma, and financial hardship. Don’t face these challenges alone. Our dedicated legal team is here to help you every step of the way. We’ll fight tirelessly to protect your rights and ensure you receive the compensation you need to recover and rebuild your life.
What to Do Immediately After a San Jose Construction Accident
Your actions in the immediate aftermath of a construction accident can significantly impact your ability to recover compensation. Here’s what you should do:
Your health and safety are paramount. Even if you don’t feel seriously injured, it’s crucial to seek medical attention right away. Some injuries, like internal bleeding or head trauma, may not be immediately apparent.
Notify your supervisor or manager of the accident as soon as possible. This will create a record of the incident and initiate the workers’ compensation claims process.
If possible, take photos of the accident scene, your injuries, and any hazardous conditions that may have contributed to the accident.
If anyone witnessed your accident, get their names and contact information.
The sooner you involve an attorney, the better. We can guide you through the claims process, protect your rights, and ensure you don’t make any mistakes that could jeopardize your claim.
We’re On Your Side, San Jose
At Scher, Bassett & Hames, we understand the unique challenges faced by San Jose construction workers. We’re committed to providing compassionate, personalized legal representation to help you get back on your feet.
Understanding California Workers' Compensation Laws
California’s workers’ compensation laws provide a safety net for employees injured or made ill on the job. Understanding these key aspects can help you navigate your claim:
Workers’ compensation in California operates on a no-fault basis. This means you’re entitled to benefits regardless of who was at fault for the accident, even if you were partially responsible. However, if your injury was due to serious misconduct (like intoxication or intentional self-harm), your benefits could be affected.
You generally have one year from the date of your injury to file a workers’ compensation claim. There are some exceptions, like for occupational diseases with delayed symptoms, so consulting an attorney early is vital.
California law requires most employers to carry workers’ compensation insurance. This insurance covers medical treatment, a portion of lost wages, and other benefits. If your employer is uninsured, you may still have options for compensation.
Unlike personal injury claims, workers’ compensation focuses on providing benefits to injured workers promptly, regardless of fault. In exchange, employees generally cannot sue their employers for work-related injuries.
If a third party (not your employer) contributed to your injury, you might have additional legal options beyond workers’ comp. An experienced attorney can help you explore those possibilities.
How We Fight for Maximum Compensation in Your Construction Accident Claim
We recognize that construction accidents can have far-reaching consequences for injured workers and their families. Beyond the physical injuries, you may face a range of challenges that we’re prepared to address:
We will meticulously investigate every detail of your accident. We'll visit the construction site, gather evidence, interview witnesses, review safety records, consult with experts, and analyze medical documentation to build the strongest possible case for your claim.
We'll thoroughly assess the full extent of your damages, including current and future medical expenses, lost wages, rehabilitation costs, and the impact on your quality of life. We'll fight for maximum compensation that reflects the true cost of your injuries.
We're seasoned negotiators who understand the tactics used by insurance companies to minimize payouts. We'll leverage our experience to advocate for your best interests and secure a fair settlement that reflects the full value of your claim.
If a fair settlement cannot be reached, we are prepared to take your case to trial. Our attorneys have extensive experience litigating construction accident cases, and we'll fight aggressively to protect your rights and obtain the compensation you deserve.
We know that construction accidents can be physically and emotionally traumatic. We're committed to providing compassionate support and guidance throughout the legal process, ensuring you feel informed and empowered every step of the way. We'll also help you access resources to address any language barriers or concerns about retaliation.
With Scher, Bassett & Hames by your side, you can focus on your recovery while we fight tirelessly to secure the justice and compensation you deserve.
Steps Involved in the San Jose Workers' Compensation System
The workers’ compensation claims process can be complex and frustrating. Insurance companies may try to deny or minimize your claim, leaving you without the benefits you need to recover. That’s why it’s crucial to have an experienced San Jose workers’ compensation attorney on your side. We can help you:
There are strict deadlines for filing workers' compensation claims.
We'll help you gather medical records, witness statements, and other crucial evidence.
We'll fight aggressively to ensure you receive the maximum benefits you're entitled to, including medical expenses, lost wages, and disability payments.
We'll handle all the legal complexities of your case, from filing paperwork to negotiating with insurance companies and, if necessary, representing you in court.
Contact Scher, Bassett & Hames Today
If you’ve been injured in a San Jose construction accident, don’t hesitate to contact us for a free consultation. Our experienced construction accident lawyer will review your case, answer your questions, and provide you with the guidance and support you need during this difficult time.
Your San Jose Construction Accident Questions Answered
What should I do immediately after a construction accident in San Jose?
If you’ve been injured in a construction accident in San Jose, prioritize your health and safety.
Seek Immediate Medical Attention: Even if you don’t feel seriously injured, get evaluated by a medical professional to identify and treat any hidden injuries.
Report the Accident: Notify your supervisor or employer promptly to create a record of the incident.
Document Everything: If possible, take photos of the scene, your injuries, and any hazardous conditions. Gather witness contact information.
Consult a San Jose Construction Accident Lawyer: We can help you understand your rights, protect your interests, and pursue the compensation you deserve.
Can I still file a workers' compensation claim if I was partially at fault for my construction accident in California?
Yes, you can. California’s workers’ compensation system is “no-fault,” meaning you are entitled to benefits even if you were partly responsible for your injury. However, the amount of benefits may be reduced depending on your degree of fault.
What types of compensation can I recover for a San Jose construction accident?
If you were injured in a construction accident in San Jose, you may be entitled to compensation for:
Medical Expenses: All reasonable and necessary medical costs related to your injury.
Lost Wages: Income lost due to time off work for recovery.
Disability Benefits: Payments if your injury results in temporary or permanent disability.
Pain and Suffering: Compensation for physical pain and emotional distress.
Other Damages: Depending on the circumstances, you may also be able to recover compensation for loss of enjoyment of life, disfigurement, and other losses.
How long do I have to file a personal injury lawsuit after a San Jose construction accident?
In California, the statute of limitations for filing a personal injury lawsuit after a construction accident is generally two years from the date of the injury. However, there can be exceptions, so it’s crucial to consult with an attorney as soon as possible.
Can I sue my employer for a construction accident in San Jose?
Generally, you cannot sue your employer directly for a work-related injury in California. Instead, you would typically file a workers’ compensation claim. However, you may be able to file a lawsuit against a third party if their negligence contributed to your accident, such as a subcontractor, property owner, or equipment manufacturer.
What are the most common causes of construction accidents in San Jose?
Some of the most common causes of construction accidents in San Jose include:
Falls from heights (ladders, scaffolding, roofs)
Struck-by accidents (falling objects, tools, equipment)
Electrocution
Caught-in or -between accidents (machinery, equipment)
Trench collapses
Why should I hire Scher, Bassett & Hames for my San Jose construction accident case?
We are experienced San Jose construction accident lawyers with a proven track record of success. We offer free consultations, work on a contingency fee basis (no fee unless we win), and are committed to providing personalized attention and aggressive advocacy to get you the justice and compensation you deserve.