Premises and Injury
Workers compensation is not the end of the inquiry, it is the beginning
A workers compensation claim covers your employer. It does not touch the general contractor, the equipment maker or the other trades whose work injured you.
About construction site accidents claims
The most important question on a construction injury is who, besides the employer, contributed to the harm. Under Labor Code section 3602 workers compensation is generally the exclusive remedy against an employer, but it does not bar a third-party claim. On a multi-employer site, that opens claims against the general contractor for site safety and coordination, against other subcontractors whose trade created the hazard, against the property owner in defined circumstances, and against equipment and material manufacturers on strict product liability.
The injury mechanisms are consistent: falls from roofs, scaffolds, ladders and unprotected leading edges; struck-by injuries from falling material, swinging loads and moving equipment; caught-in and crush injuries in trenches, excavations and unguarded machinery; electrocution from contact with energized lines or unlocked equipment; and collapse of trenches, formwork and partially built structures. Cal-OSHA standards on fall protection, excavation shoring, scaffolding and lockout provide the measurable benchmark for what should have been in place.
Timing and preservation drive results here more than in most cases. Sites change daily, equipment is moved or returned, and the scene that caused the injury may be gone within a week. Cal-OSHA inspection findings, daily reports, safety meeting records, subcontracts with their indemnity and safety provisions, and the equipment itself all need to be secured early. Where a completed improvement is involved, California also imposes separate limitation periods on patent and latent construction defects, including Code of Civil Procedure section 337.1 for patent defects.
Common injuries
Injuries we see most often in these cases. Every claim is different, and this list is not exhaustive.
- Traumatic brain injury and skull fracture from falls and struck-by events
- Spinal cord injury and paralysis
- Amputation and crush injuries from machinery and heavy equipment
- Electrical burns and electrocution
- Multiple fractures and internal injuries from collapse and trench events
- Wrongful death, which is the leading outcome in fall and crush incidents
Who can be held liable
Responsibility often extends well beyond the most obvious company. We look at every party in the chain.
- The general contractor responsible for site safety and coordination
- Another subcontractor whose work created the hazard
- The property owner or developer in defined circumstances
- The manufacturer of defective equipment, scaffolding or material
- An equipment rental company or crane and rigging operator
Evidence that matters
What we work to preserve and obtain early, because this proof tends to disappear with time.
- Cal-OSHA inspection reports, citations and abatement records
- Daily reports, job hazard analyses and safety meeting sign-in sheets
- The subcontracts, including safety, indemnity and insurance provisions
- Preservation of the equipment, scaffold, ladder or failed material
- Site photographs, video and witness statements from other trades
Do not wait on the deadline
California generally allows two years to bring a personal injury or product liability claim under Code of Civil Procedure § 335.1, and two years from the date of death in a wrongful death case. Shorter deadlines apply when a government entity is involved, and deadlines can be extended for injured children. Exceptions are fact-specific. Talk to us before you assume anything about your own timeline.
Answers
Construction Site Accidents: common questions
Injured by construction accidents? Let us review it at no cost.
A conversation costs you nothing and there is no obligation. No fee unless we recover compensation for you. In some matters a client may still be responsible for case costs and expenses, and we will explain exactly how that works before you decide to hire us.