In 2019, approximately 20% of all worker deaths in private industry occurred in construction, as stated by OSHA.

Construction workers accounted for one in every five workplace fatalities. Workers are not the only ones who can be hurt in construction accidents. Passersby, employees, customers, or visitors to buildings under construction are also vulnerable to serious injuries. If you have been injured in a construction accident, our experienced San Jose premises liability attorneys at The Swanson Law Group can help.

The Swanson Law Group: A progressive attitude and spirit

Our San Jose premises liability lawyers at The Swanson Law Group have a history of success for our clients. We have recovered more than $100 million in settlements and awards. Our approach to clients is caring, supportive, empathetic, service oriented, and health-conscious. To insurance companies, on the other hand, we are relentless, dangerous, strategic, fearsome, and unstoppable. We understand the full value of your loss and are happy to make the insurance company pay at trial if necessary. The last thing insurance companies want is to go to trial, and they are often willing to overpay our clients so they can avoid embarrassment in front of a jury. Our founder, Ben Swanson, has spent the past 10+ years making insurance companies aware that they will lose every time.

How do construction accidents happen in San Jose?

People can be injured on construction sites in many ways. Common causes of construction accidents include:

  • Falling objects
  • Forklift collisions
  • Collapsing scaffolding
  • Open holes
  • Lack of warning signs
  • Broken or missing steps
  • Lack of guardrails
  • Crane mishaps
  • Electric shock
  • Unsecured or defective ladders
  • Roof and wall collapses

When are property owners liable for construction accidents?

Property owners have a duty of care to others on the property, including when the property is under construction. Their liability extends to injuries occurring just off the property that are caused by hazards within it. Landowners should provide barriers or warnings to prevent people from entering dangerous areas. A property owner who knew or should have known about a construction hazard on the property and failed to address it can be held liable for resulting injuries. Landowners may also be held accountable for injuries caused by lack of ordinary care in managing the property or by willful acts.

What types of compensation can an injured construction worker claim?

A construction worker injured on the job in California should be entitled to workers’ compensation benefits. Workers’ comp will cover medical expenses related to the workplace injury, and will also partially replace wages lost because of the injury. If a third party (other than the injured worker’s employer) caused or contributed to the accident, the worker may have an additional claim against that party. If the accident occurred because of property owner negligence, the injured worker may bring a premises liability claim against the landowner.

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What damages can you claim in a construction accident premises liability case?

Compensatory damages in a personal injury claim are designed to compensate the injured party for losses suffered because of the accident and injury.

After a serious construction accident, depending on the circumstances of your particular case, you may be entitled to claim damages including:

  • Medical expenses (past and future)
  • Lost wages or earnings
  • Loss of future earning potential
  • Permanent impairment
  • Scarring and disfigurement
  • Physical pain and suffering
  • Emotional trauma
  • Mental anguish
  • Loss of enjoyment of life
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What must you prove to win a premises liability claim for a construction accident?

To recover compensation in a premises liability case, you must prove certain elements of the case:

  • A dangerous condition existed on the property.
  • The defendant owned or controlled the property with the dangerous condition.
  • The defendant knew or should have known that the dangerous condition existed on the property, but failed to satisfactorily remedy the problem or provide adequate warning.
  • You were injured as a result of the dangerous condition on the property.

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