Construction accident injuries are often severe and life-altering, leading to challenging legal cases. For example, you may need to determine whether to file a workers’ compensation claim or pursue a third-party liability claim.
At Omega Law Group Accident & Injury Attorneys, our construction accident lawyer in San Jose assists injured workers seeking compensation for medical bills, lost wages, and more. With millions of dollars recovered for clients, we understand the steps needed to build a strong case.
Our San Jose personal injury lawyer can determine if negligence played a role in your workplace injury, identify liable parties, and file the appropriate type of claim to seek the financial recovery you deserve. Contact Omega Law Group to discuss your case during a free consultation.
Workers’ Compensation Claims vs. Third-Party Claims
After a construction accident, injured workers often face two potential legal options: filing a workers’ compensation claim or pursuing a third-party liability claim.
Consulting a construction accident lawyer in San Jose can help determine which path, or combination of both, is right for your case.
Workers’ Compensation Claims
Workers’ compensation is a no-fault system, meaning you can receive benefits regardless of who caused the accident. These claims are filed through your employer and typically cover medical expenses, a portion of lost wages, and disability benefits.
Workers’ compensation claims do not require you to prove your employer was negligent. These claims do not provide compensation for pain and suffering or other non-economic damages, though.
Third-Party Liability Claims
In cases where a party other than your employer contributed to your injury, you may be eligible to file a third-party liability claim. This could involve property owners, vendors, or contractors.
Unlike workers’ compensation claims, third-party claims allow you to seek damages for pain and suffering, lost wages, and other losses beyond medical bills. They do require you to prove that another party’s negligence caused your workplace injury.
Steps to Take After a Construction Accident
After a construction accident, it’s important to take the right steps to address your injuries and explore your legal options. Acting promptly can help you focus on your recovery and any compensation you may be entitled to.
Take the following steps so that you are prepared for any claims you pursue:
- Report the injury to your employer and seek medical attention: Inform your employer in writing about the accident as soon as possible, as this is required to begin a workers’ compensation claim. You have 30 days to report an injury to an employer and one year to file a workers’ compensation claim.
- Seek medical attention: Seek medical care immediately, even if the injury seems minor, and follow the treatment plan provided by your doctor.
- Document your injuries: Save all medical records, bills, and other documentation related to your treatment. Keeping track of these details is important for both your recovery and any claims you may file.
- Consult with a San Jose lawyer: Speak with a construction accident attorney in San Jose to review your situation. They can help determine whether you should file a workers’ compensation claim, a third-party liability claim, or both.
Taking these steps will help you move forward with confidence after a construction accident. You don’t have to do it alone, either. Our construction accident lawyers are here to handle the entire claims process.
(310) 526-8383Why Choose a San Jose Construction Accident Attorney From Omega Law Group?
At Omega Law Group, we are committed to putting our clients first. Always. We know how important it is for you to focus on your recovery instead of hassling with the legal process. When you leave your case in our hands, you get the benefit of:
- Decades of experience: We have decades of experience between us, handling construction accident cases and fighting for injured workers. Our team has the resources and skills to take on even the toughest cases.
- Millions recovered for clients: We’ve helped clients secure the compensation they need to move forward after an accident, recovering millions of dollars in settlements and verdicts.
- Works on contingency: You don’t pay us anything up front. We only get paid if we win your case, so there’s no financial risk to you.
- Personalized attention: Every client is important to us, and we take the time to listen to your story, understand your needs, and create a legal strategy that works for you.
Our family at Omega Law takes care of your family after a construction accident.
Statute of Limitations for Construction Accident Lawsuits
If your construction accident case involves a liable third party, we must meet the statute of limitations for filing your personal injury lawsuit. In California, the statute of limitations is two years from the date of the accident, as outlined in California Code of Civil Procedure § 335.1.
Generally, you have two years to file a lawsuit against the responsible party, such as a contractor or property owner. If you fail to file within this timeframe, you may lose the ability to recover compensation for your injuries, medical bills, lost wages, and other damages.
Reaching out to our San Jose construction accident lawyers as soon as possible can help you meet your legal deadline.
Call Omega Law Group After a Construction Accident in San Jose
Don’t wait to get the help you need after a construction accident. Start by reporting the incident to your employer and seeking medical attention to ensure your injuries are properly documented and treated.
From there, our San Jose construction accident lawyers can step in to handle the legal work so that you can focus entirely on your recovery. We can investigate your on-the-job accident, consult with your doctors, and determine the best path forward to secure the compensation you deserve.
Let our family take care of your family. Call Omega Law Group today for a free consultation.
