Construction sites are some of the most dangerous workplaces in California, and accidents there can involve workers, subcontractors, and even passersby on adjacent sidewalks or streets. Injuries range from a broken bone to a life-altering fall, and the legal path to compensation depends heavily on who you were working for and who caused the accident. Unlike a typical car accident case, construction accident claims often involve multiple potentially liable parties — a general contractor, a subcontractor, an equipment manufacturer, or a property owner — in addition to (or instead of) a workers’ compensation claim against your own employer.
Common Causes of Construction Accidents
- Falls from heights — scaffolding, ladders, roofs, and unprotected floor openings
- Being struck by equipment or falling objects — cranes, forklifts, tools, or debris
- Electrocution from exposed wiring or contact with power lines
- Trench and excavation collapses
- Scaffolding failures and improperly secured equipment
- Inadequate safety training or missing protective equipment
Workers’ Compensation vs. a Third-Party Claim
If you were injured while working for your employer, California’s workers’ compensation system is generally your exclusive remedy against that employer — meaning you typically can’t sue your employer directly, even if they were careless. However, construction sites usually involve several companies at once, and if your injury was caused by someone other than your direct employer — a subcontractor, a general contractor you don’t work for, a property owner, or the manufacturer of defective equipment — you may have a separate personal injury claim against that third party in addition to your workers’ comp benefits. This distinction matters because workers’ comp only covers medical bills and a portion of lost wages — it does not compensate you for pain and suffering. A third-party claim can.
California Safety Regulations
Construction sites in California are regulated by Cal/OSHA, which sets safety standards for fall protection, scaffolding, electrical work, and excavation. When a contractor violates a Cal/OSHA safety standard and that violation contributes to an injury, it can be strong evidence of negligence in a third-party claim.
What to Do After a Construction Accident
- Get medical attention immediately, even for injuries that seem minor at first.
- Report the injury to your employer in writing — California law generally requires this within 30 days to preserve your workers’ comp rights.
- Document the scene with photos of the hazard, equipment involved, and any safety violations you notice.
- Identify every company on site — general contractor, subcontractors, and equipment suppliers — since more than one may share liability.
- Speak with an attorney before assuming workers’ comp is your only option.
Frequently Asked Questions
Can I sue if I was injured on a construction site while working? It depends on who caused the injury. Claims against your own employer generally go through workers’ compensation, but injuries caused by a different company on site — a subcontractor, general contractor you don’t work for, or equipment manufacturer — can support a separate personal injury lawsuit. How long do I have to report a construction injury to my employer? Generally 30 days from the date of injury (or from when you learned it was work-related) to preserve your workers’ compensation rights. How long do I have to file a third-party injury lawsuit in California? Generally two years from the date of the accident under California Code of Civil Procedure § 335.1. What if I wasn’t a construction worker but was injured near a job site? Passersby, delivery drivers, and neighboring tenants injured by falling debris, unsafe scaffolding, or contractor negligence can pursue a standard personal injury claim against the responsible party. What does it cost to hire a construction accident lawyer? We work on contingency: no fee unless we win. If you or a loved one has been injured on a construction site in Los Angeles or anywhere in California, contact The Law Office of Joshua P. Koshki for a free consultation. Free consultation. No fee unless we win.
Serving These California Communities
We help injury victims throughout the Los Angeles area and across California, including:
