The short answer
Construction accident victims in California can recover compensation beyond workers' comp by pursuing negligent third parties—contractors, property owners, or equipment manufacturers. You generally have two years to file (CCP § 335.1). Seek medical care and consult a lawyer promptly.
Los Angeles is always building: high-rises downtown, transit projects along Wilshire and in the Valley, wildfire rebuilds, and thousands of residential remodels and ADUs. Construction work is physically demanding and dangerous, and when a site is poorly managed, workers and passersby can suffer falls, crush injuries, electrocutions, and other serious harm.
If you were hurt on the job, workers' compensation is usually your primary remedy against your own employer. It can pay medical care and part of your lost wages, but it does not compensate for pain and suffering and often falls short of your full losses. Many construction sites, however, involve multiple companies: general contractors, subcontractors, property owners, equipment rental firms, and manufacturers. When a party other than your employer contributed to your injury, you may be able to bring a separate third-party claim.
Our founding attorney has fought insurers for injured Californians since 2002. We understand how construction insurers use contract language, indemnity agreements, and the rules governing hired contractors to shift responsibility among themselves. We use that knowledge to identify who controlled the work and the hazard that hurt you.
Consultations are free and confidential, and you pay no attorney's fee unless we recover compensation for you. We can help you understand how a third-party claim fits with your workers' compensation benefits and protect both.
From the other side of the table
How the defense sees your claim
They invoke the hired contractor rule
Property owners and general contractors often argue that under Privette they are not responsible for injuries to a subcontractor's employees. There are recognized exceptions, including when the hirer retained control and affirmatively contributed to the injury, or failed to disclose a concealed hazard. We investigate who actually controlled the site.
They blame your employer
Third parties often argue your employer was primarily at fault, knowing your employer is generally protected by workers' comp exclusivity. We develop evidence of each defendant's independent role, such as providing defective equipment or creating the hazard.
They blame you
Expect claims that you were not wearing fall protection, ignored training, or took a shortcut. We look at whether proper equipment was provided, whether safety rules were enforced, and whether schedule pressure made shortcuts routine.
They let the scene change
Construction sites evolve daily, and a hazard can disappear within hours. We move quickly to document the scene, obtain photographs and video, and demand preservation of equipment and site records.
Why it happens
Common causes
Falls from heights
Falls from scaffolding, ladders, roofs, and unprotected floor openings are among the most serious construction hazards, often involving missing guardrails or inadequate fall protection.
Struck-by accidents
Falling tools and materials, swinging loads, and moving vehicles can strike workers and pedestrians near a site.
Electrocutions
Contact with overhead power lines, exposed wiring, and improperly grounded equipment can cause severe burns, cardiac injury, and death.
Trench and excavation collapses
Unprotected trenches can collapse without warning, burying workers. Proper shoring, sloping, and inspection are required.
Defective equipment and machinery
Failed scaffolding components, defective nail guns, malfunctioning lifts, and cranes can cause catastrophic injuries and may support product liability claims.
Injuries to non-workers
Pedestrians, drivers, and neighbors can be injured by debris, blocked sidewalks, or unsafe site conditions. These claims are not limited by workers' compensation.
What we see
Injuries we handle
What you may recover
Compensation in a California claim
Medical care not covered by workers' comp
In a third-party claim, full compensation for past and future medical expenses, subject to any workers' compensation lien.
Full lost wages and earning capacity
Workers' comp typically replaces only part of your wages. A third-party claim may recover your full lost income and future earning losses.
Pain and suffering
Workers' compensation does not pay for pain, emotional distress, or loss of enjoyment of life. A third-party claim can.
Loss of consortium
Your spouse or registered domestic partner may have a claim for the impact of your injuries on your relationship.
Wrongful death damages
Families of workers killed on a construction site may pursue wrongful death claims against responsible third parties, in addition to death benefits through workers' comp.
The rules that apply
California law you should know
Workers' compensation exclusivity
For injuries arising out of employment, workers' compensation is generally the exclusive remedy against your employer, subject to limited exceptions.
Labor Code §§ 3600, 3602
Third-party claims
An injured employee may bring a civil action against a person other than the employer whose conduct caused the injury.
Labor Code § 3852
The hired contractor rule
A hirer is generally not liable to the employees of an independent contractor for injuries arising from the contracted work, but liability may exist when the hirer retained control over safety conditions and affirmatively contributed to the injury.
Privette v. Superior Court (1993) 5 Cal.4th 689; Hooker v. Department of Transportation (2002) 27 Cal.4th 198
Cal/OSHA safety standards
Construction work in California is governed by Cal/OSHA regulations, including the Construction Safety Orders. Violations may be relevant evidence of whether a party acted reasonably.
Cal. Code Regs., tit. 8
General information, not legal advice. Deadlines and rules depend on the facts of your case, so talk to an attorney promptly.
Right now
Protect your claim
Evidence to gather
- Photos and video of the site, the hazard, and the equipment
- Names of the general contractor, subcontractors, and site supervisors
- Names and phone numbers of coworkers who witnessed the accident
- Your workers' compensation claim form and related documents
- Medical records and bills
- Pay stubs showing your wages and hours
- Any incident reports you completed or received
- The clothing, harness, or tools involved, if you have them
Mistakes insurers count on
- Failing to report the injury to your employer promptly
- Assuming workers' comp is the only compensation available
- Giving recorded statements to another contractor's insurer
- Settling your workers' comp case without considering a third-party claim
- Waiting until the site has changed to gather evidence
Step by step
How we handle your case
- 1
Explain your options
We review how you were hurt and explain how workers' compensation and a potential third-party claim work together.
- 2
Investigate the site
We gather photos, contracts, subcontract agreements, safety plans, inspection reports, and any Cal/OSHA investigation records.
- 3
Identify third parties
We determine who controlled the site, who supplied the equipment, and who created the hazard, and locate their insurance.
- 4
Coordinate with your comp case
We work with your workers' compensation benefits and address the insurer's lien so your recoveries fit together.
- 5
Pursue the claim
We present your claim, negotiate with the insurers involved, and file suit and prepare for trial when necessary.
From the Case Vault
Related results
Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own facts.
Go deeper
Types of construction accidents
Falling Objects Accidents
When an object falls from a construction site or building and injures someone, responsibility can reach property owners, general contractors, subcontractors, and equipment owners. Workers' compensation generally does not bar a separate claim against a negligent third party (Labor Code § 3852), and people who are not employees may have a premises liability or negligence claim. Most injury lawsuits must be filed within two years.
Scaffolding Accidents
Workers' compensation generally does not stop an injured worker from also pursuing a claim against a negligent third party, such as a property owner or a contractor other than their employer (Labor Code § 3852). People who are not employees, such as pedestrians and visitors, may have a premises liability or negligence claim. Most injury lawsuits must be filed within two years.
Straight answers
Frequently asked questions
Generally no. Workers' compensation is usually the exclusive remedy against your employer for on-the-job injuries, though there are narrow exceptions. You may, however, be able to sue other parties who contributed to your injury, such as another contractor, the property owner, or an equipment manufacturer.
Catastrophic Injury & Death