Workplace Accident Lawyers in San Jose

Name: Workplace Accidents
Brand: The Swanson Law Group
Rating: 4.9 (119 reviews)

OSHA regulations are designed to help keep workers safe. Nevertheless, people are injured on the job every day.

If you or someone you know needs a workplace accident lawyer in San Jose, don't hesitate to contact The Swanson Law Group.

Person getting their hand wrapped in gauze

In 2020, 4,764 work-related fatalities were recorded in the U.S., as reported by the Bureau of Labor Statistics (BLS).

In addition, private industry employers reported 2.7 million non-fatal workplace injuries and illnesses.

A dangerous workplace: Are you a victim of negligence?

Many workplace accidents are caused by hazardous conditions on the property. If you’ve been injured in an accident on a property belonging to someone other than your employer, you may have a premises liability claim against the third party.

How do unsafe conditions on a property lead to workplace injuries in San Jose?

People doing their jobs can be injured by hazards existing on the property where they are working. For example:

Construction workers may be injured by structural collapse or environmental hazards on a construction site.
Office workers may be injured by malfunctioning elevators or slipping hazards in the common areas of the buildings where their employers lease office space.
Delivery drivers may be injured by unsafe conditions, such as broken stair steps or wet floors on the properties where they are making their deliveries.
Yard maintenance workers may be bitten by a homeowner’s dog.
Bookkeeping service employees visiting clients may be injured by dangerously stacked items falling from shelves.
Appliance repair workers visiting homes may suffer trip and fall injuries caused by loose or bunched carpeting or rugs.

Please call one of our workplace accident attorneys in San Jose immediately so we can start handling your claim immediately.

A person tripping on a broken wood walkway

Can you collect workers’ compensation benefits and file a premises liability claim?

If you’re injured on the job, you are entitled to receive workers’ compensation benefits. Workers’ comp should pay for all your medical expenses related to the injury and partially reimburse you for wages lost because of the accident. If negligence of a third party (such as a property owner) contributed to your injuries, you may also be entitled to file a claim for damages against the responsible party. “Double dipping” is not permitted. If you recover compensation for expenses that workers’ comp paid from a third party in a premises liability claim, you must reimburse the workers’ comp.

What Are the Different Types of Workers’ Compensation Benefits?

Depending on the nature of your injuries and the impact on your ability to work, you may be eligible for several types of workers’ compensation benefits:

Medical Benefits

These benefits cover all reasonable and necessary medical expenses related to your workplace injury or illness, such as:

Doctor’s visits and hospital stays
Surgery
Prescription medications
Physical therapy and rehabilitation
Medical devices (e.g., crutches, wheelchairs)
Travel expenses for medical appointments

Temporary Disability Benefits

If your injury temporarily prevents you from working, you may receive payments to replace a portion of your lost wages. In California, these payments are typically:

Temporary Total Disability (TTD): Paid if you cannot work at all while recovering.
Temporary Partial Disability (TPD): Paid if you can return to work with reduced hours or capacity.

These benefits usually amount to two-thirds of your average weekly wages, up to the state maximum.

Permanent Disability Benefits

If your injury results in lasting impairments or disabilities that affect your ability to work, you may qualify for permanent disability benefits:

Permanent Partial Disability (PPD): For injuries that result in partial but permanent loss of function.
Permanent Total Disability (PTD): For severe injuries that leave you unable to work in any capacity.

The amount of these benefits depends on the severity of your disability and your earning potential.

Supplemental Job Displacement Benefits

If you cannot return to your previous job due to a permanent disability, California workers’ compensation provides a voucher for retraining or skill enhancement. This benefit can cover:

Tuition for training programs
Licensing or certification fees
Required tools or equipment for a new job
Career counseling or placement services

Death Benefits

If a workplace accident results in a fatality, the deceased worker’s dependents may be entitled to death benefits. These benefits include:

Funeral and burial expenses
Weekly payments to support surviving dependents (spouse, children, or other eligible family members)

How do you establish liability in a workplace injury premises liability claim?

In premises liability cases, to prove liability, you must show that:

You were harmed
The defendant owned the property or leased, occupied, or controlled it
The defendant was negligent in the use or maintenance of the property
The defendant’s negligence was a substantial factor in causing your harm

A workplace accident lawyer in San Jose at Swanson Law Group is very knowledgeable and will work hard for you to get you what you deserve.

What if the property where you were injured was owned by your employer?

The workers’ compensation system was implemented to help protect injured workers and to prevent employees from suing their employers for workplace injuries. Workers’ comp is a no-fault system. You may collect benefits, regardless of how much fault you bear for the accident in which you were injured. However, you are not allowed to bring a claim in civil court against your employer if a hazardous condition in the workplace environment that is owned or controlled by your employer caused your injuries.

The Swanson Law Group: The law firm the insurance companies hope you don’t hire

Get treatment for your injuries immediately, then consult our experienced premises liability lawyers in San Jose. Our talented legal team at The Swanson Law Group can thoroughly investigate your workplace accident to determine fault and liability and help you pursue all available forms of compensation. Our mission is to help clients get better after an accident, face life ahead with a positive attitude, and make the most of the money we help them recover in a claim or lawsuit. We are caring, supportive, and service-oriented to our clients — relentless, strategic, and fearsome to the insurance industry.

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