Construction Accidents

Construction work is among the most dangerous jobs in California. When a fall, equipment failure or unsafe site causes a serious injury, workers’ compensation is often not the only option. You may also have a claim against the contractors, owners or manufacturers responsible.

On this page: Comp vs. third-party · Who is responsible · Common accidents · Injuries · How we help · Compensation · Deadlines · FAQ · En español

Smith Trial Group represents construction workers, and people injured near construction sites, in third-party injury claims across Orange County and Southern California. Our injury results include a $10 million jury verdict and a $1.9 million settlement. Results depend on the facts of each case. Attorney Cardon Smith spent years defending Fortune 500 companies before founding this firm, so he knows how contractors, developers and their insurers defend these claims. We handle construction injury cases on contingency, so you pay no attorney fee unless we recover for you.

Workers’ Compensation vs. a Third-Party Claim

If you were hurt on the job, workers’ compensation generally covers your medical care and part of your lost wages, and you usually cannot sue your own employer. But workers’ comp does not pay for pain and suffering, and it often replaces only part of your income. When someone other than your employer contributed to the accident, you may also have a separate personal injury claim against that party, called a third-party claim, for your full losses.

Workers’ comp and a third-party claim can proceed at the same time. If you recover from a third party, the workers’ comp insurer can usually seek reimbursement of benefits it paid, which is why negotiating that lien is an important part of the case.

Who Can Be Held Responsible

• General contractors that controlled the site and safety conditions
• Other subcontractors whose workers or equipment caused the accident
• Property owners and developers, in some circumstances
• Manufacturers and distributors of defective scaffolding, ladders, power tools, safety harnesses, lifts and heavy equipment. See defective products.
• Equipment rental and maintenance companies
• Drivers and trucking companies involved in crashes in or near work zones. See truck accidents.
• Government agencies responsible for a dangerous public site or road. See dangerous road conditions.

California law limits when a company that hires a contractor is liable for injuries to that contractor’s employees. Liability often turns on who controlled the work, whether a company’s own conduct contributed to the injury, and whether a hidden hazard was disclosed. These questions require early investigation of contracts, site records and safety responsibilities.

Common Construction Accidents

• Falls from roofs, ladders, scaffolding and unprotected edges, the leading cause of construction deaths
• Struck-by accidents involving falling materials, vehicles and heavy equipment
• Electrocutions from power lines and faulty wiring
• Caught-in or between accidents, including trench collapses and unguarded machinery
• Crane, forklift and aerial lift accidents
• Defective tools and safety equipment
• Injuries to pedestrians, drivers and neighbors from unsafe construction sites

Serious Injuries We See

Construction accidents often cause spinal cord injuries, traumatic brain injuries, fractures, amputations, burns and other catastrophic injuries, and can be fatal. Families who lost a loved one may have a wrongful death claim against a responsible third party.

How a Construction Accident Lawyer Helps

• Preserving evidence before the site changes: photos, equipment, inspection logs, safety plans and incident reports
• Sorting out the contracts that assign safety responsibilities among the owner, general contractor and subcontractors
• Using safety regulations, including Cal/OSHA standards and any citations, as evidence of negligence
• Coordinating with your workers’ comp case and negotiating the comp lien so more of the recovery goes to you
• Proving the full loss, including future medical care and lost earning capacity

What You Can Recover in a Third-Party Claim

• Past and future medical expenses
• Full lost wages and lost earning capacity, not just the partial wage replacement comp provides
• Pain, suffering, emotional distress and loss of enjoyment of life
• For a spouse, loss of consortium

Deadlines

Most California personal injury claims must be filed within two years. Claims against a government entity generally require a government claim within six months. Workers’ compensation has its own notice and filing deadlines. Construction sites change quickly, so contact a lawyer as soon as possible.

Areas We Serve

We handle construction injury cases across Southern California, including Newport Beach · Irvine · Santa Ana · Los Angeles · Riverside · San Bernardino · San Diego.

Helpful resources: Cal/OSHA · California Division of Workers’ Compensation

Frequently Asked Questions

Can I sue if I was injured on a construction site?

You usually cannot sue your own employer, because workers’ compensation is generally the exclusive remedy. But you may be able to sue another party whose negligence contributed, such as a general contractor, another subcontractor, a property owner or an equipment manufacturer.

Can I get workers’ comp and file a third-party claim?

Yes. They can proceed at the same time. A third-party claim can recover damages workers’ comp does not cover, such as pain and suffering and full lost earnings.

Do I have to repay workers’ comp if I win a third-party case?

Usually, the workers’ comp insurer can seek reimbursement from a third-party recovery. That lien is often negotiable, and handling it well affects how much you keep.

What if I was not a worker, just walking or driving by a construction site?

Then workers’ comp does not apply, and you may have a standard personal injury claim against the contractors or property owner responsible for the unsafe condition.

How long do I have to file a construction injury claim?

Generally two years for a personal injury lawsuit in California, and six months for a claim against a government entity. Workers’ comp has separate deadlines.

How much does a construction accident lawyer cost?

We handle construction injury cases on contingency. You pay no attorney fee unless we recover for you, and the consultation is free.

Related guides: How much is my case worth? · Dealing with the insurance adjuster · Who can file a wrongful death claim