Santa Clara Construction Injury Lawyer

Santa Clara Construction Injury Attorney

Construction sites can be hazardous environments, and injuries that occur can have life-altering impacts on both workers, and their families. For anyone injured in a workplace accident, a Santa Clara construction injury lawyer can provide vital assistance in navigating the legal process, advocating for compensation, and holding the responsible parties accountable.

Whether it’s filing a workers’ compensation claim or pursuing a third-party claim, the team at Wiesner English, P.C., can guide injured construction workers through available options and make sure you get the support and justice you deserve.

Common Types of Construction Accidents

Construction site accidents come in many forms, and they frequently result in severe injuries due to the high-risk nature of the work involved. From falls to equipment malfunctions, these accidents often cause substantial harm. Common types of construction accidents include:

• Roofing accidents. Roofing work involves heights, and accidents like falls or ladder failures are common. Our lawyers can help injured roofers and their families pursue compensation for their injuries.
• Equipment malfunctions. Heavy machinery like cranes, bulldozers, and forklifts can malfunction due to lack of maintenance or manufacturer defects, causing injuries.
• Falls from heights. Falling from scaffolding, roofs, or ladders can lead to catastrophic injuries, like traumatic brain injuries or spinal cord damage.
• Electrocutions. Construction sites often involve working around electrical wiring and power lines, putting workers at risk for serious electric shock injuries.

Regardless of the type of accident, consulting our team after a construction injury can be critical in ensuring that your case is handled properly.

Workplace Injuries and Their Consequences

Construction injuries can lead to a wide range of medical complications, many of which are life-altering. Some of the most common construction-related injuries include broken bones, burns, head trauma, and spinal injuries. These catastrophic injuries can prevent a worker from returning to their job, impacting their ability to support themselves and their family. These injuries can lead to financial strain from medical bills, ongoing therapy, and lost wages.

Having our lawyers represent your claim can provide both relief and stability. We can gather evidence, interview witnesses, and build a case that supports your pursuit of compensation for both immediate and long-term needs.

Filing a Workers’ Compensation Claim in Santa Clara

In California, most construction workers are eligible for workers’ compensation benefits if they’re injured on the job. Workers’ compensation covers medical expenses and a portion of lost wages for injured employees, regardless of who is at fault. Our construction injury lawyers in Santa Clara can guide workers through this process, ensuring all paperwork is completed correctly and that no benefits are overlooked.

California workers’ compensation also provides support for rehabilitation if the injury impedes the worker’s ability to return to their original job. However, workers’ compensation claims can be complex, and if the employer or their insurance carrier denies the claim, our lawyers can step in to dispute the denial and fight for the worker’s rights.

Pursuing a Third-Party Claim

In some cases, injured construction workers may be eligible to file a third-party claim if another party’s negligence contributed to their accident. For instance, if a roofing accident occurred due to faulty equipment, the injured party may have grounds to sue the manufacturer or the company responsible for equipment maintenance. Unlike workers’ compensation, a third-party claim can provide compensation for pain and suffering in addition to medical bills and lost wages.

Our construction injury attorneys can investigate the site accident thoroughly to determine if a third-party claim is an option. This can be especially beneficial for those who suffer from permanent injuries, that workers’ compensation alone may not adequately cover.

Building a Strong Case for Compensation in Santa Clara, CA

Successfully pursuing compensation after a construction injury requires a clear understanding of California’s injury laws, and regulations. Wiesner English, P.C. can first assess the details of the accident to understand who liable, and which avenues is are available for recovery. In a case involving a fall, for example, this might mean investigating whether safety protocols were in place, or if protective equipment was provided.

By compiling evidence such as medical records, accident reports, and witness testimonies, our construction injury attorneys can present a robust case that fully supports the claim. Additionally, we can help negotiate settlements with insurance companies or, if necessary, pursue litigation to seek fair compensation on behalf of the injured worker.

When to Contact a Santa Clara Construction Injury Lawyer

It’s essential to contact an attorney as soon as possible after a construction site accident. California law imposes strict deadlines for filing claims. For workers’ compensation claims, injured workers must notify their employer promptly to ensure their eligibility for benefits. For personal injury claims against third parties, the statute of limitations is generally two years, but our lawyers can clarify any time restrictions relevant to your specific situation.

FAQs About Santa Clara, CA Construction Injury Laws

What Percentage Do Most Personal Injury Lawyers Take in California?

In California, the percentage a personal injury lawyer receives varies. This percentage can vary based on the case itself, the workload involved, and the settlement amount. You can discuss the fee percentage with us during your consultation. Each lawyer has a different fee structure, and understanding what that looks like up front can help you ensure you receive the legal help you deserve.

Can a Contractor Sue You for Injury on Your Property in California?

If a contractor is injured on your property, they may have a right to pursue a claim under certain circumstances. However, many construction workers, including contractors. are covered by workers’ compensation insurance through their employers, which limits their ability to file claims against property owners. If a person is injured on your property, reach out to an attorney who can help guide you through understanding your options and what to expect.

How Long After a Work Injury Can You File a Claim in California?

In California, the statute of limitations for filing a personal injury claim is generally two years from the date of the injury. However, workers’ compensation claims must be reported to the employer as soon as possible. Ideally, this takes place within 30 days and does not exceed one year. This ensures your eligibility for benefits.

Can I Sue My Employer for Injury in California?

Under California law, employees generally cannot file a direct claim against their employer for workplace injuries if they are eligible for workers’ compensation benefits. However, if an injury resulted from a third party’s negligence or if the employer did not have workers’ compensation insurance, the worker may be able to pursue a claim.

Santa Clara Construction Injury Lawyer

Early legal intervention can often prevent common issues—for example, claims denials or underestimation of compensation—from jeopardizing a case. That’s why consulting with Wiesner English, P.C., can provide you with immediate support, allowing injured workers to focus on recovery while we handle the legal process. Contact us today to schedule a consultation.