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Injured in a Construction Accident in San Jose?

Construction workers have one of the most dangerous jobs in the country, and thousands of individuals are injured every year in devastating accidents. When a construction worker is injured on the job, they have the right to file a claim for workers' compensation benefits under the California Workers' Compensation Act. Even if you were partially or totally to blame for your own injuries, this Act protects your right to compensation.

If you have been injured while working on a construction site, you may be entitled to seek compensation from more than one source. In most cases, your medical costs and additional expenses will far outweigh what you would receive from one source of compensation. A San Jose construction accident lawyer at Habbas & Associates can help you recover the compensation you need from various sources after you have suffered a preventable construction accident. To schedule a consultation, call (888) 387-4053 or contact us online today.

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Common Types of Construction Accidents

A construction accident refers to an unexpected and unplanned incident that occurs during the construction process, resulting in harm to people, property damage, or both. These accidents can happen at construction sites, which are dynamic and often involve various hazardous activities and heavy machinery. Construction accidents can lead to injuries, fatalities, and financial losses. Common types of construction accidents include:

  • Falls: Falls from heights, such as roofs, ladders, scaffolding, or elevated platforms, are one of the most frequent construction accidents. Lack of proper fall protection measures can contribute to these incidents.
  • Struck-by Accidents: These accidents occur when a person is struck by a moving object or equipment. Examples include being hit by falling tools, materials, or vehicles on the construction site.
  • Caught-in/Between Accidents: These accidents involve a person getting caught, crushed, squeezed, or otherwise trapped between two objects. Examples include getting caught in machinery or between moving equipment and a fixed structure.
  • Electrical Accidents: Construction sites often involve electrical work, and accidents can occur due to electrical shocks, electrocution, or fires caused by faulty wiring, equipment, or unsafe work practices.
  • Trenching and Excavation Accidents: Accidents related to trenching and excavation can include cave-ins, collapses, or accidents caused by the improper shoring of trenches.
  • Machinery Accidents: Construction sites use various heavy machinery and equipment, and accidents can occur when operating or working around them. This includes incidents involving cranes, forklifts, bulldozers, and other construction vehicles.
  • Fires and Explosions: Construction sites often involve the use of flammable materials and equipment. Fires and explosions can result from electrical issues, gas leaks, or improper handling of combustible substances.
  • Chemical Exposure: Construction workers may be exposed to hazardous chemicals, leading to accidents such as spills, leaks, or inhalation of toxic substances.
  • Collapse of Structures: Structural failures, whether during construction or after completion, can result in accidents causing injuries or fatalities. This can include the collapse of buildings, scaffolding, or other structures.
  • Repetitive Motion Injuries: Workers may suffer injuries over time due to repetitive motions, such as lifting heavy objects, leading to strains, sprains, or musculoskeletal disorders.
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Common Causes of Construction Accidents

Construction accidents can occur due to various factors. Some of the typical causes of construction accidents include:

  • Human Error: Mistakes made by workers or supervisors, whether due to lack of attention, fatigue, or misjudgment, can contribute to accidents. Addressing human factors through training and awareness programs can help reduce the likelihood of errors.
  • Lack of Training: Insufficient training for workers on proper safety procedures, equipment usage, and hazard recognition can lead to accidents. Adequate training is essential to ensure that workers are aware of potential risks and know how to mitigate them.
  • Poor Communication: Ineffective communication among construction team members can result in misunderstandings, misinterpretations, and a lack of coordination, leading to accidents. Clear communication is vital for ensuring that everyone is aware of potential hazards and safety protocols.
  • Unsafe Working Conditions: Failure to maintain a safe working environment can contribute to accidents. This includes inadequate lighting, poor housekeeping, improper signage, and unsafe access to work areas.
  • Lack of Personal Protective Equipment (PPE): Failure to use or provide appropriate PPE, such as hard hats, gloves, safety glasses, and harnesses, can increase the risk of injuries. Protective gear is essential to safeguard workers from specific hazards on construction sites.
  • Inadequate Supervision: Lack of proper supervision can result in workers taking unnecessary risks, not following safety protocols, or making poor decisions. Adequate supervision ensures that workers adhere to safety guidelines and best practices.
  • Equipment Malfunctions: Malfunctions or defects in construction equipment, tools, or machinery can lead to accidents. Regular maintenance and inspections are essential to identify and address issues promptly.
  • Fall Hazards: Working at heights without proper fall protection measures, such as guardrails, safety nets, or personal fall arrest systems, poses a significant risk. Falls from ladders, scaffolding, roofs, or other elevated surfaces are common construction accidents.
  • Electrical Hazards: Improper handling of electrical equipment, faulty wiring, and inadequate grounding can result in electrical shocks, burns, or fires. Adhering to electrical safety standards is crucial on construction sites.
  • Inadequate Trenching and Excavation Safety: Failure to follow proper procedures for trenching and excavation work can lead to cave-ins, collapses, and other hazards. Adequate shoring, sloping, or trench boxes are essential to prevent accidents in these scenarios.
  • Weather Conditions: Adverse weather conditions, such as rain, snow, ice, or high winds, can create slippery surfaces, reduce visibility, and increase the risk of accidents. Construction activities should be adjusted or postponed when weather conditions pose a safety threat.
  • Subcontractor Coordination Issues: Lack of coordination and communication between different subcontractors on a construction site can lead to overlapping work activities, increasing the risk of accidents. Proper planning and coordination are essential to managing potential conflicts and hazards.

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Workers’ Compensation vs. Third-Party Claims in California

If you were injured in a construction accident in San Jose, you may be entitled to workers’ compensation benefits. In California, most employers are required to carry workers’ compensation insurance, which covers:

  • Medical expenses
  • Partial wage replacement
  • Disability benefits
  • Death benefits for surviving family members

However, workers’ compensation does not cover non-economic damages such as pain and suffering. That is where a third-party claim may apply. You may be able to pursue a personal injury lawsuit against a negligent third party, such as:

  • A subcontractor
  • A property owner
  • An equipment manufacturer
  • A delivery driver or outside contractor

Unlike workers’ compensation, a third-party claim allows you to seek full compensation, including pain and suffering, loss of enjoyment of life, and other damages. An experienced San Jose construction accident lawyer from Habbas & Associates can evaluate your case and determine whether you are eligible for both workers’ compensation and a third-party claim.

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Why Choose Our Firm?

At Habbas & Associates, we understand the unique challenges faced by construction workers and their families. Our team has years of experience handling both workers’ compensation and third-party claims in San Jose. We are committed to:

  • Thoroughly investigating your accident
  • Identifying all liable parties
  • Negotiating aggressively with insurance companies
  • Taking your case to trial if necessary

You deserve a lawyer who has the knowledge, resources, and experience to handle your claim and assist you in the claims process. With over 200 years of experience helping injured victims, we have proven our ability to successfully represent our clients for a vast number of accident claims. Contact a San Jose personal injury attorney today regarding your injuries and learn how we may be able to help you seek compensation!

Hear It From Our Clients

I first hired Mr. Habbas and his firm to represent me in a car accident case over 10 years ago, and since that time, I have gone back to Mr. Habbas' firm, and I have referred ma...

I first hired Mr. Habbas and his firm to represent me in a car accident case over 10 years ago, and since that time, I have gone back to Mr. Habbas' firm, and I have referred many people to him. These folks immediately respond to you, and they are friendly and trustworthy, and they do everything possible to help you get through tough times. My property damage was handled quickly, and I was very happy with the settlement that I obtained for my injuries.

Daniel L. San Jose, CA 5 out of 5 stars

I was severely hurt in a car accident involving a tractor-trailer that rear-ended my vehicle. Hiring the Habbas & Associates and working with Mr. Habbas and his colleagues was t...

I was severely hurt in a car accident involving a tractor-trailer that rear-ended my vehicle. Hiring the Habbas & Associates and working with Mr. Habbas and his colleagues was the best decision I ever made. I had two prior lawyers that I was extremely unsatisfied with. I couldn't get a return call, and I didn't know what was going on with my case most of the time. I was very distressed because my bills were piling up and I didn't know what I was going to do. Hiring Mr. Habbas changed everything. His staff and colleagues were responsive, courteous, and helpful in every respect. I obtained access to the medical care I needed, and I was operated on by one of the best back surgeons in the area, although I didn't have medical insurance. The insurance company offered $350,000.00 to settle, and the case went to trial. We received a jury award of $2,554,000.00 plus interest and costs. The insurance company appealed only to cave and pay a total of $3,000,000.00. I am grateful to Mr. Habbas and his colleagues for everything they have done for me.

Gordon T. San Jose, CA 5 out of 5 stars

I suffered serious injuries because a janitor left streaks of water on a tile floor in the hallway of a building, which caused me to slip and fall while exiting from one of my p...

I suffered serious injuries because a janitor left streaks of water on a tile floor in the hallway of a building, which caused me to slip and fall while exiting from one of my patients' hospital rooms. The insurance company denied the claim, forcing my attorneys, Habbas & Associates, to file a lawsuit. The Habbas firm was very aggressive and thorough. 

They investigated the accident, and they questioned all important witnesses and gathered all of the evidence required to prove negligence. Although my claim was initially denied, a substantial settlement was obtained by the Habbas firm. Prior to this incident, I had never had a personal injury claim, and I never expected to have to hire an attorney to represent me for something like this. 

Mr. Habbas and his staff are efficient, helpful, responsive, and caring. They make you feel at ease. They explain the process, and they keep you up to date. There is no one else I would prefer to have in my corner to protect me.

Dr. S.E. San Jose, CA 5 out of 5 stars

I was seriously hurt in a car accident that was caused by another motorist, and my airbag didn't deploy. I hired Habbas & Associates to represent me because I wasn't getting any...

I was seriously hurt in a car accident that was caused by another motorist, and my airbag didn't deploy. I hired Habbas & Associates to represent me because I wasn't getting anywhere with the insurance company, and I didn't know how to make a claim against the manufacturer of the vehicle or airbags. Mr. Habbas and his staff were amazing. They fully explained all my rights and what they would do, step by step. I felt relieved in having what I felt was a great team of experienced lawyers and staff on my side.

I suffered severe nerve injuries in my face, and with the help of Mr. Habbas, I was able to acquire treatment from some of the best medical doctors in the State. My case was settled at mediation for approximately $950,000.00 within a short time after a lawsuit was filed. I can't say enough about how much Mr. Habbas and his firm care about their clients. I will always refer anyone I know to them.

Roberta S. San Jose, CA 5 out of 5 stars

Omar Habbas will fight for you and give you the best results out of your case, I know. They take good care of their clients. I’ve never been happier. Thank you to the enti...

Omar Habbas will fight for you and give you the best results out of your case, I know. They take good care of their clients. I’ve never been happier. Thank you to the entire team at Habbas & Associates. You are highly recommended.

Nina Wright 5 out of 5 stars

My wife and I got rear-ended by a DUI male driver in his mid-twenties. We suffered neck injuries and were rushed to the Emergency Dept in Natividad Hospital in Salinas, CA. One ...

My wife and I got rear-ended by a DUI male driver in his mid-twenties. We suffered neck injuries and were rushed to the Emergency Dept in Natividad Hospital in Salinas, CA. One of my children searched for an Injury Lawyer who has a great reputation in this kind of case, and she chose HABBAS & ASSOCIATES in San Jose, CA. 

We met with Mr. Hoang Le, and he explained the process. Mr. Le and the rest of the staff of Habbas & Associates were caring and showed concern for our welfare. It took a while for us to recover from those injuries, but with Mr. Le's assistance and with constant follow-ups with the insurance companies, we felt secure and less stressed. He answered all of our questions every time we had one, and that's why we are so happy and blessed to have Habbas and Associates on our side. I strongly recommend them.

Feliciano & Maria Verzosa Hollister , CA 5 out of 5 stars

Prior to working with Habbas & Associates, I had never worked with an attorney before, and I had never been in a car accident before. A friend of mine suggested I contact th...

Prior to working with Habbas & Associates, I had never worked with an attorney before, and I had never been in a car accident before. A friend of mine suggested I contact them, so, of course, I am going to take a friend’s suggestions, especially since he had great things to say. I was extremely anxious and hesitant to contact an attorney, especially since I have never dealt with such a well-advertised firm as Habbas. 

Laura Ajlouny worked with me through the whole process. From the first phone call, she completely reassured me of my decision and was extremely helpful, patient, and understanding with my claim. She was especially understanding of my anxiousness in dealing with an attorney for the first time. I am so happy to have had her as my attorney. 

The experience I had with Laura was exceptional, and I will 100% refer her and Habbas to anyone seeking an attorney for an accident. She made the experience a great one.

Juan A. 5 out of 5 stars

I had retained the services of Habbas, Nasseri & Associates when my mother-in-law was hit by a car while she was on an evening walk in our neighborhood. She had to undergo s...

I had retained the services of Habbas, Nasseri & Associates when my mother-in-law was hit by a car while she was on an evening walk in our neighborhood. She had to undergo surgery and was wheelchair-bound for some time. The case manager Hoang Le stopped by our home multiple times while my mother-in-law's mobility was restricted and was extremely helpful, responsive, knowledgeable, and easy to work with. He managed everything from getting reports from the Sheriff's office to managing the case paperwork and follow-up with the hospital and ambulance services. 

Mr. Habbas himself called over the phone and explained all the legal options, after which, in due course of time, the case was settled. We are extremely happy with the seamless experience that they provided. All in all, you'd wish you never had to run into any injury situations, but if you do, then Habbas law firm is the place to go.

Neil T. 5 out of 5 stars

Omar Habbas and his team were very professional, efficient, and extremely effective. They fought hard to get the best results on my difficult case and always kept me up to date ...

Omar Habbas and his team were very professional, efficient, and extremely effective. They fought hard to get the best results on my difficult case and always kept me up to date with every step in the entire process. I’m so glad I found this law firm and extremely happy with the results. Very highly recommend them to family and friends. If you or a loved one needs help, don’t hesitate to call them!

AJ B. 5 out of 5 stars

I’m highly impressed by their strong commitment to serving their clients and giving back to the community.

Victoria M. 5 out of 5 stars

In a little over a month, Habbas & Associates secured the best possible settlement 
I could ever get.

Brian T. 5 out of 5 stars

They helped me move forward with my case and get my sense of peace back.

Tiffany H. 5 out of 5 stars

I’m definitely going to recommend Habbas to all of my friends and family.

Young J. 5 out of 5 stars

Trusting my injury case with Habbas & Associates was the best decision ever! They made everything super easy and stress free.

Nate 5 out of 5 stars

I was in a car accident recently, and was referred to Habbas and Associates by my boss. I called and I spoke with Jessica who made everything so easy from the beginning. She kep...

I was in a car accident recently, and was referred to Habbas and Associates by my boss. I called and I spoke with Jessica who made everything so easy from the beginning. She kept me informed throughout the entire process with phone calls and emails. I really appreciate that she gave me the option to pick up my settlement check at either one of their offices or have it mailed to me. If you’re looking for a personal injury attorney, you should call Habbas & Assoc. i’m definitely going to recommend Habbas to all of my friends and family!

Lisa P. 5 out of 5 stars

We weren’t planning to get a lawyer, but on top of my daughter’s injury, the situation was overwhelming. Laura Ajlouny at Habbas was sympathetic, experienced and sha...

We weren’t planning to get a lawyer, but on top of my daughter’s injury, the situation was overwhelming. Laura Ajlouny at Habbas was sympathetic, experienced and sharp! She took care of handling both insurance companies, the police department, and getting all the info needed from the hospital. We ended up getting more compensation for my daughter’s distress than we would have on our own. And we only had to pay for legal fees out of the compensation we received. It was a no brainer. I wholeheartedly recommend Laura and her team.

Sasha S. 5 out of 5 stars

Great law firm they took my personal injury case on when other law firms would not and obtained a very good settlement. Very responsive throughout the process and addressed all ...

Great law firm they took my personal injury case on when other law firms would not and obtained a very good settlement. Very responsive throughout the process and addressed all my concerns in a timely fashion. I give them my highest recommendation.

Hasan A. 5 out of 5 stars

I hired Ms. Ajlouny to represent me as a pedestrian who was struck by a motor vehicle in October 2025. One of the reasons I hired her was because she had over 30 years of experi...

I hired Ms. Ajlouny to represent me as a pedestrian who was struck by a motor vehicle in October 2025. One of the reasons I hired her was because she had over 30 years of experience as a PI attorney. I have done over 30 years of paralegal work and I have learned that some of the best attorneys are those with the most experience. In a little over a month, Ms. Ajlouny secured the best possible settlement I could ever get. Statistics show that having a good PI attorney usually results in settlements that are 3 - 4 X greater than in pro per cases. I'd like to add that Ms. Ajlouny always kept me posted about my case and was very professional as well. Thank you and I hope my review helps.

5 out of 5 stars

Habbas & Associates were great as they helped me through an accident and injury case! We were dealing with Tesla insurance who were very slow but the Habbas attorneys stayed...

Habbas & Associates were great as they helped me through an accident and injury case! We were dealing with Tesla insurance who were very slow but the Habbas attorneys stayed vigilant and I eventually got paid out. Thanks to them and I would definitely recommend using them for your accident/injury claims!!

Abdullah A. 5 out of 5 stars

If you've got into an accident and want a lawyer that actually cares for your well-being then you need to go to Habbas & Associates! I've had an absolutely wonderful experience ...

If you've got into an accident and want a lawyer that actually cares for your well-being then you need to go to Habbas & Associates! I've had an absolutely wonderful experience with them and they were on the ball immediately with scheduling doctors appointment and gathering evidence of the accident. They maintained concerned about my health the whole time and always asked how I was doing during this process. They got me the absolute highest amount they could in my case and didn't let the at faults party defense lawyers talk them into taking substantially less amount. Thank you Habbas and Associates for all your hard work and care!

Ian G. 5 out of 5 stars

Laura Ajlouny and the Habbas & Associates team were supportive, attentive, and truly had my best interests at heart. They guided me through the process with care and profess...

Laura Ajlouny and the Habbas & Associates team were supportive, attentive, and truly had my best interests at heart. They guided me through the process with care and professionalism—and delivered results. Highly recommend!

Anonymous 5 out of 5 stars

If you got into an accident and want a lawyer that actually cares for your well-being then you need to go to Habbas & Associates. 

Ian G. 5 out of 5 stars

We ended up getting more compensation for my daughter’s distress than we would have on our own.

Sasha S. 5 out of 5 stars

Construction Accident Frequently Asked Questions

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What should I do immediately after a construction accident in San Jose?

Report the incident to your supervisor, seek medical treatment right away, and document everything. If possible, take photos of the accident scene and collect witness information. Then contact an attorney to protect your rights.

Do I have to prove fault to get workers’ compensation benefits?

No. Workers’ compensation is a no-fault system in California. You only need to show that your injury happened while performing your job.

Can I sue my employer for a construction accident?

Generally, workers’ compensation prevents lawsuits against your direct employer. However, you may still sue other responsible parties, such as subcontractors or equipment manufacturers.

How long do I have to file a claim in California?

For workers’ compensation, you must report your injury within 30 days and file a claim within one year. For third-party personal injury claims, the statute of limitations in California is typically two years from the date of the accident.

What if I were partially at fault for my accident?

California follows a comparative negligence rule, meaning you can still recover damages, but your compensation may be reduced by your percentage of fault.

Why do I need a construction accident lawyer?

Insurance companies often try to minimize payouts or deny claims. A skilled lawyer ensures you receive the maximum compensation available by building a strong case on your behalf.

While you focus on healing, we take care of the rest.

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Give Habbas & Associates a phone call at (408) 278-0480

Whether you have questions about your case or are ready to get started, our San Jose injury attorneys are ready to help.

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