Construction Site Accidents Frequently Asked Questions

Below are answers to some of the questions we frequently encounter regarding accidents occurring at construction sites throughout the San Jose area. To have your questions personally answered by an experienced construction site accident attorney, contact the Law Offices of Fernando V. Hernandez.

Q. Besides workers' compensation benefits, can an employee who was injured on the job file a separate action to recover for his or her injuries?

A.  California law permits a third party action against an individual or company, other than the injured employee's employer, for injuries caused by the negligence of a third party. For example, if a defective scaffold collapses at a construction site, causing your injuries, you would have a potential third party claim against the manufacturer of the scaffold. In a third party claim, you may be able to recover medical expenses, lost wages, pain and suffering, and other damages that exceed the amount you would recover under workers' compensation.

Q. Is the property owner of the construction site considered an employer or a third party?

A. Because construction site work often involves employers, contractors, and subcontractors, construction sites are sometimes referred to as multi-employer work sites. It is sometimes difficult for an injured employee to determine who is a third party and who is considered an employer for liability and compensation purposes. The California Supreme Court, in a line of cases following Privette v. Superior Court 5 Cal.4th 689 (1993),has limited the liability of an employer or property owner for injuries that an independent contractor (hired by the employer or property owner) negligently caused its employees. An experienced construction site accident attorney can advise you on how Californiaâ??s court rulings may impact your case.

Q. Who pays my medical bills if I am hurt on the job at a construction site?

A. Your employer may be obligated to pay workers' compensation benefits to you to cover your medical and disability benefits. However, the employer is entitled to recover any benefits it pays as a lien against a third party claim. Our offices do not assist injured workers in obtaining workers' compensation benefits; however, we can help injured workers to recover against responsible third parties.

Q. What are the attorneys' fees in a construction site injury case?

A.  Our fees are contingent upon a successful recovery in an action against a responsible third party. If we do not recover any compensation for you, there is no fee. We will negotiate with your employer's workers' compensation insurance company for payment of a portion of its lien for any third party settlements. Contingency fees are not offered at a fixed rate, but are negotiable and depend on the facts of your case.

Construction Site Injury Cases Require Experienced Legal Representation

Construction site accident cases are complex, requiring a thorough understanding of Cal/OHSA regulations, California Workersâ?? Compensation laws, and continually changing California case law. With over 40 years of experience representing the injured, Fernando V. Hernandez has the knowledge, skill, and dedication to successfully represent your interests. To find out how we can assist in your construction site injury case, contact the Law Offices of Fernando V. Hernandez.