Construction sites are among the most hazardous workplaces, and accidents can result in life-altering consequences, leaving injured workers with mounting medical bills, lost wages, and an uncertain future.
Your Guide to Construction Accident Claims in California
En El abogado Jeff, our California construction accident lawyers handle a wide range of work comp cases, including falls, electrocutions, equipment malfunctions, and wrongful death claims.
We understand the importance of experienced legal representation after sustaining workplace injuries, as it can help analyze complex laws, identify all liable parties, and maximize compensation.
This page is designed to assist injured construction workers, their families, and anyone seeking guidance after a construction site injury. If you or a loved one has been hurt on the job, we are here to help you understand your rights and options. Contáctanos para una consulta gratuita.
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Tabla de contenido
Leading Causes of Construction Accidents
Different Types of Construction Accident Cases
What Can Be Compensated in a Construction Accident Case?
Who Is at Fault for a Construction Accident?
What To Do After a Construction Site Accident
How Long Do I Have to File a Construction Accident Claim?
How Attorney Jeff Will Maximize Your Construction Accident Case
When hiring a California personal injury lawyer, it’s crucial to ensure they specialize in workers’ compensation cases—particularly construction site accidents. Here is how our law firm, Attorney Jeff Car Accident Lawyer, strengthens workers’ compensation claims for injured construction workers:
- Winning track record of achieving optimal outcomes
- Specializes in construction accident injury cases, not just general personal injury claims
- Knowledgeable of California’s safety codes and Cal/OSHA regulations
- Established a network of resources to strengthen the case, such as accident reconstructionists, economists, and medical professionals
- Affordable representation with our “no-win, no-fee” contingency fee arrangement
If you or a loved one has been injured in a construction accident, contact us today for a free case evaluation. Our experienced California construction accident attorneys work on a contingency fee basis, so you pay nothing unless we win your case.
California Construction Site Accident Statistics
The construction industry consistently ranks among the most hazardous sectors for workers. According to the U.S. Bureau of Labor Statistics, California recorded 78 construction-related fatalities in 2023, making it the state with the highest number of workplace deaths in the industry.
Even more concerning, one in five workplace fatalities occurs on construction sites across the United States. The leading causes of most construction-related deaths are collectively known as the “Fatal Four” and accounted for 34 of California’s 78 construction deaths in 2023. This includes:
- Falls
- Being struck by objects
- Electrocution
- Being caught in/between an object
The scope of non-fatal injuries is equally staggering. A typical job site exposes workers to risks, such as falling objects, overexertion, dangerous chemicals, fires, and explosions. Because these working conditions create a hazardous environment where serious and catastrophic injuries may occur, employers are required to provide workers’ compensation benefits following a job-site accident.
OSHA’s “Fatal Four” Leading Causes of Fatal Construction Accidents
The Occupational Safety and Health Administration (OSHA) identified four hazards responsible for the majority of construction worker fatalities, known as the “Fatal Four,” which include the following:
1. Falls
Falls remain the leading cause of death in the construction industry, with workers frequently falling from:
- Scaffolding collapses due to improper assembly or overloading
- Ladder accidents from unstable positioning or defective equipment
- Roof falls through skylights or unguarded edges
- Unprotected openings in floors or walls
Despite strict OSHA regulations requiring fall protection equipment (29 CFR 1926.501), it remains the most frequently violated safety standard in the construction industry. Construction companies are required to implement safety measures to protect workers, and failure to do so may result in legal action.
2. Struck-By Accidents
Workers are frequently struck by falling tools, swinging crane loads, or moving vehicles on construction sites. These accidents often occur in congested work areas where multiple trades operate simultaneously, and visibility is limited.
When a struck-by accident happens on a construction site, it is crucial to identify all liable parties to ensure that injured workers can pursue full compensation. This may include contractors, subcontractors, or owners of the property.
3. Electrocution
Electrical hazards pose deadly risks on construction sites. Contact with overhead power lines, exposed wiring, or defective equipment can cause severe burns, cardiac arrest, or immediate death.
Proper grounding, routine inspections, and adherence to electrical safety protocols are essential but often overlooked.
If unsafe electrical conditions lead to injury, the property owner and other potentially liable parties may be held responsible for failing to maintain a safe environment.
4. Caught-In and Caught-Between Incidents
Workers can become trapped, crushed, or pulled into machinery and between objects. These accidents include:
- Excavation accidents: Trench collapses deeper than five feet
- Machinery entanglement: Unguarded equipment or bypassed safety controls
- Crushing incidents: Workers pinned between vehicles and fixed structures
Identifying liable parties is a critical first step in the claims process for construction accident victims seeking compensation.
Cases Our California Construction Accident Lawyers Handle
Construction accidents often result in serious injuries that require extensive medical treatment and long-term care. Our personal injury law firm represents workers who have suffered, but are not limited to, the following construction site injuries.
Severe Construction Injuries
- Traumatic brain injuries (TBI) and skull fractures
- lesiones de la médula espinal resulting in paralysis
- Amputations and loss of limbs
- Severe burn injuries from fires, explosions, or electrical contact
- Crush injuries affecting multiple body systems
- Multiple fractures and broken bones
- Daños a órganos internos
Long-Term Construction Injuries
- Catastrophic injuries resulting in temporary or permanent disability
- Permanent scarring and disfigurement
- Vision loss or hearing damage
- Chronic pain conditions
- Lesiones por estrés repetitivo
- Trastorno de estrés postraumático (TEPT)
Demandas por muerte por negligencia
Regarding fatal construction accidents, our compassionate legal team helps families pursue wrongful death claims to recover compensation for their devastating loss.
Construction Workers’ Legal Rights and Financial Compensation
In California, injured workers may pursue compensation by filing both a workers’ compensation claim and a third-party lawsuit, if applicable. Doing so often provides the best chance for full financial compensation after a construction site accident.
Comparison of Compensation: Workers’ Compensation vs. Third-Party Claims
|
Type of Compensation |
Workers’ Compensation | Third-Party Personal Injury Lawsuit |
|
Gastos médicos |
✔ Covered |
✔ Covered |
|
Salarios perdidos |
✔ Partial (temporary/permanent disability benefits) |
✔ Full (including future earning capacity) |
|
Dolor y sufrimiento |
✘ Not Covered |
✔ Covered |
|
Angustia emocional |
✘ Not Covered |
✔ Covered |
|
Pérdida del disfrute de la vida |
✘ Not Covered |
✔ Covered |
|
Pérdida del consorcio |
✘ Not Covered |
✔ Covered |
|
Daños punitivos |
✘ Not Covered |
✔ Possible in cases of gross negligence |
| Job Retraining/Displacement | ✔ Covered |
✘ Not Covered |
Workers’ Compensation Benefits
Workers’ compensation insurance covers most construction workers, providing benefits for medical care and a percentage of lost income. In California, workers’ comp benefits are generally the exclusive legal resolution against an employer, as employers cannot be sued for negligence.
State law requires most employers to carry workers’ compensation insurance. This no-fault system provides benefits regardless of who caused the accident or if the employee is undocumented. Benefits cover:
- Gastos médicos actuales
- All necessary medical treatment and rehabilitation in the future
- Temporary disability benefits (partial wage replacement during recovery)
- Permanent disability benefits for lasting impairments
- Supplemental job displacement benefits for retraining if you cannot return to your previous work
Important: Workers’ compensation does not cover dolor y sufrimiento, emotional distress, or reduced quality of life.
Third-Party Personal Injury Claims
Construction sites typically involve multiple companies working simultaneously, such as general contractors, subcontractors, equipment suppliers, property owners, and manufacturers.
If a negligent third party contributed to the construction site accident, injured workers may file a personal injury lawsuit to seek daños compensatorios for:
- Complete recovery of lost wages and future earning capacity
- Dolor y sufrimiento
- Emotional distress and mental anguish
- Pérdida del disfrute de la vida
- Loss of consortium for your spouse
- Daños punitivos in cases of gross negligence
Un insurance company may be involved in settling or disputing construction site accident claims, which can complicate the process. However, an experienced construction accident lawyer can help injured workers navigate both workers’ compensation claims and third-party personal injury lawsuits.
Identifying Liable Parties and Who Can Be Found Responsible
Liability for a construction accident can involve multiple parties, including employers, contractors, subcontractors, property owners, and equipment manufacturers. Construction accident lawyers can assist clients in navigating complex insurance claims involving more than one entity. Potentially responsible parties include:
- General Contractors: Construction companies are generally responsible for overall job site safety by coordinating all trades, enforcing safety protocols, and maintaining hazard-free working conditions.
- Subcontractors: Specialized subcontractors must complete their work safely without creating hazards for other workers. They may be liable for leaving exposed electrical wiring, creating trip hazards, or failing to properly secure materials.
- Property Owners and Developers: Property owners and developers have a legal duty to maintain safe premises and to warn contractors of hidden dangers. If this responsibility is breached, they can face premises liability claims.
- Equipment Manufacturers: Defective machinery, tools, or safety equipment can lead to product liability claims against manufacturers, which may establish manufacturer liability.
- Architects and Engineers: When poor design or engineering mistakes contribute to accidents, these professionals may share responsibility for serious injuries sustained at a construction site.
Critical Steps to Take After a Construction Accident
El actions taken immediately following an accident can significantly impact a case’s outcome and the ability to seek compensation. Navigating the legal process after a construction accident requires careful attention to these steps, and a construction accident lawyer’s familiarity with local court procedures enhances the effectiveness of handling the personal injury case.
1. Seek Immediate Medical Attention
Even if injuries seem minor, seek medical attention, as some severe injuries, particularly internal trauma and concussions, may not show immediate symptoms. Medical records also create crucial documentation linking construction accident injuries to the incident.
2. Reportar el accidente
Notify a supervisor or site manager immediately. Request a written accident report and keep a copy. Under California law, an injured employee must provide written notice to the employer within 30 days of the injury.
3. Documenta todo
Before leaving the scene, if possible:
- Photograph hazardous conditions, equipment, and visible injuries
- Collect contact information from witnesses
- Note the time, location, and circumstances of the accident
- Preserve damaged clothing or equipment
4. File an OSHA Complaint
Report serious safety violations to OSHA to protect other workers and create an official record of dangerous conditions.
5. Limit Interactions with Insurance Companies
Do not provide recorded statements or sign documents without legal representation. Insurance adjusters often use these collected statements to minimize or deny legitimate construction site, premises liability, or other personal injury claims.
6. Contact an Experienced Construction Accident Attorney
California law imposes strict deadlines for filing construction accident claims, making a timely legal consultation essential. Additionally, evidence may disappear, witnesses’ memories may fade, and safety violations may be corrected before they are investigated.
Early legal representation by a California construction accident lawyer protects employees’ rights and increases the likelihood of recovering the maximum compensation.
California’s Workers’ Compensation System and How Long You Have to File a Claim
Bajo California Labor Code § 5405, injured workers have one year from the date of injury to file their workers’ compensation claim. However, they must first notify their employer in writing within 30 days of the accident.
Bajo Código de Procedimiento Civil de California § 335.1, injured workers have two years from the date of the accident to file a personal injury lawsuit.
While limited exceptions may apply to delayed discovery of injuries or to cases where the injured worker was a minor at the time of the accident, the statute of limitations for construction accident cases is unforgiving. Therefore, missing the filing period can permanently deprive individuals of their right to compensation.
How to Choose the Best California Construction Accident Lawyer
Selecting the right construction accident lawyer is crucial for your recovery and peace of mind. Use this checklist to guide your decision.
- Base de honorarios de contingencia: Ensure the lawyer works on a contingency fee basis, meaning you pay nothing unless they win your case.
- Proven Results in Complex Cases: Look for a strong track record of significant results in complex construction accident cases.
- Network of Experts: A qualified attorney should have access to accident reconstructionists, medical professionals, and other experts.
- Handles Both Workers’ Comp and Third-Party Claims: Choose a lawyer who can manage both your workers’ compensation claim and any third-party personal injury lawsuit for maximum compensation.
- Check Previous Settlements: Review the law firm’s history of settlements and verdicts in construction accident cases.
- Specialization in Construction Law: Select a lawyer who specializes in construction law and understands California safety codes and regulations.
- Estatuto de limitaciones: Be aware that the statute of limitations for filing a personal injury lawsuit in California is typically two years from the date of the accident.
- Free Initial Consultations: Many construction accident lawyers offer free case evaluations to discuss your case and legal options.
- Timely Consultation: California law imposes strict deadlines for filing claims, so consult an attorney as soon as possible.
¿Por qué elegir al abogado Jeff Car Accident Lawyer?
Jeff Fayngor, Esq. and his dedicated legal team are highly regarded, holding an Avvo 10.0 Excelente abogado de lesiones personales ranking and an Calificación A+ del BBB. Furthermore, we have received national recognition, including being named one of Los 15 mejores abogados de USA Today.
Comprehensive Investigation
Our construction accident attorneys conduct thorough accident scene investigations, consulting with safety experts, engineers, and industry specialists to build the strongest possible case.
Experience with Complex Cases
Construction accident claims often involve multiple defendants, insurance policies, and overlapping legal issues. Our team has extensive experience handling these complex matters.
Aggressive Legal Advocacy
We negotiate assertively with insurance companies and are fully prepared to take construction accident cases to trial when necessary to secure maximum compensation for our clients.
Sin costos iniciales
Our law firm operates on a contingency fee basis, so clients pay nothing unless the personal injury case results in a settlement or successful verdict. This means:
- No upfront fees
- No hidden costs
- No financial risk
Atención personalizada
Every client receives direct communication with their construction accident attorney and a dedicated legal team to ensure they remain informed throughout the case proceedings.
Experienced Attorneys Who Can Help You Recover Compensation
A serious construction accident can devastate a victim’s life financially, physically, and emotionally. If you’re facing mounting medical expenses, the inability to work, and uncertainty about your future, you deserve experienced legal representation fighting for your rights.
Our Law Offices Throughout Northern and Southern California
Entendemos la importancia de la accesibilidad, por eso contamos con oficinas legales convenientemente ubicadas en todo el norte y el sur de California, incluidos el condado de Orange, el condado de Los Ángeles, el condado de San Bernardino y más.
- Bakersfield
- Corona
- Fontana
- Fresno
- Hesperia
- Rancho Cucamonga
- San José
- Santa Ana
- Tustin
- Van Nuys
- Victorville
- Visalia
Programe una consulta gratuita hoy
Contact us today for a free, confidential consultation. We’ll review your case, explain your legal options, and develop a strategy to maximize your recovery. Remember: you have nothing to lose and everything to gain. We only get paid if we win your case.
Don’t let strict deadlines rob you of the compensation you deserve. For a confidential case evaluation, call now or complete our online contact form to get started. You don’t have to fight this battle alone; Jeff te tiene.
Other Practice Areas Our Law Firm Specializes In
We have the knowledge, resources, and determination to pursue every available avenue of compensation for you. At Attorney Jeff Car Accident Lawyer, we can assist with the following practice areas:
- Accidentes automovilísticos en California
- Accidentes de bicicleta en California
- Casos de mordeduras de perro en California
- California Elder Abuse Cases
- Accidentes de motocicleta en California
- Accidentes de peatones en California
- California Personal Injury Accidents
- Accidentes por resbalones y caídas en California
- Accidentes de camiones en California
- Accidentes de Uber y Lyft en California
- Reclamaciones de compensación laboral en California
- Demandas por muerte por negligencia en California







