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When Can You Sue for a Construction Accident?
In California, personal injury claims are based on a theory of negligence, which is the failure to use the level of care that a reasonable person would in a similar situation. Through this type of claim, you may be able to recover money for your medical bills, lost wages, reduced earning capacity, future medical expenses, pain and suffering, scarring and disfigurement, and more.
In a third-party claim, an injured construction worker can seek compensation for their full range of losses. To do so, they will need to introduce evidence that the construction company, subcontractor, manufacturer, or other party was negligent in some way.
For example, a construction worker suffered broken bones after falling from scaffolding that had been improperly set up by a different contractor on the site. The injured worker may be able to file a personal injury lawsuit against that contractor by showing that they failed to adequately secure the scaffolding, which caused their injuries. A skilled California construction accident lawyer will seek out all potentially liable parties in order to ensure that the injured worker gets the full amount of compensation that they are entitled to under the law.
These types of cases can be complicated, and require an understanding of both personal injury law and California workers’ compensation law. If you have been hurt in a construction site accident, reach out to an experienced personal injury attorney who can help you determine your rights and options for pursuing a claim against the at-fault party.
Don’t settle for less. Fight for full compensation.
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$2,000,000 Truck Accident
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$1,850,000 Pedestrian Accident
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$1,800,000 Motorcycle Accident
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$1,750,000 Motor Vehicle Accident
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$1,495,000 Premises Liability
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$1,410,000 Premises Liability
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$1,300,000 Pedestrian Accident
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$1,000,000 Rollover Accident
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Is It Worth It to Hire an Injury Lawyer for a Construction Accident?
An attorney can help you determine what type of compensation you can seek for your construction injuries. Depending on the facts of your case, you may be able to file a personal injury lawsuit instead of a more limited workers’ compensation claim.
A construction accident injury can seriously affect your life. For this reason, it is important to work with a California construction accident attorney who can get you the money that you need to fully recover and move forward with your life. Call the Kuvara Law Firm today to schedule a free consultation with a member of our legal team.
Common Types of Construction Accidents
Construction site accidents are far too common in the United States, despite federal and state laws like the Occupational Safety and Health Act (OSHA) designed to protect workers, passersby, and others. In fact, per data from the Bureau of Labor Statistics (BLS), the construction industry remains one of the most dangerous places to work, with an average of 2.8 injuries per 100 workers in 2019. In that same year, 1,102 people died as a result of construction accidents.
By their very nature, construction sites are often complex, with different trades working side-by-side to get the job done. On a typical job site, there may be a handful of construction companies and subcontractors working. Dangerous equipment and hazardous materials are common, including nail guns, caustic chemicals, cranes, scaffolding, and more.
The most common types of construction accidents include:
- Falls from high places (such as scaffolding)
- Defective and dangerous machinery and equipment, like forklift accidents
- Trenching and excavation accidents
- Electrocutions
- Being struck by objects
- Chemical exposures
- Burns, including those from welding and other hot equipment and materials
- Explosions
- Crane accidents
- Motor vehicle accidents, including car and truck accidents
- Slip and falls
- Nail gun accidents
According to the Occupational Safety and Health Administration, there are four incredibly serious types of construction accidents, known as the “fatal four.” They include falls, electrocution, caught-in, and struck-by accidents. These types of accidents are the deadliest for people in the construction industry.
Who Is Liable for a Construction Accident?
There are two main ways that a person or entity (such as a construction company) can be held responsible for a construction accident. First, injured workers may file a workers’ compensation claim. Second, an accident victim may be able to file a personal injury claim against the at-fault party, including the construction site owner, a construction company, or a manufacturer of a defective product.
The California Workers’ Compensation system is a way for injured construction workers to obtain coverage for on-the-job accidents and injuries. Compensation benefits may include medical expenses, lost wages, disability pay, and even death benefits. However, in many cases, a workers’ compensation claim is not sufficient to cover the full extent of an individual’s losses.
In some situations, injured workers and other accident victims may be able to file a lawsuit against the at-fault party and their insurance company. For workers, these types of claims may be filed against a third party, such as a manufacturer of defective equipment or a subcontractor on the job site. Anyone else – such as a pedestrian who was hit by falling debris from a construction site – can file a claim against the wrongdoer.
How Long Do I Have to File a Claim for a Construction Accident?
With a few exceptions, the statute of limitations for most California personal injury cases is 2 years. This means that you usually have just 2 years from the date of your accident to file a claim against the negligent parties.
However, if your case involves workers’ compensation, you have a much shorter period of time in which to file a claim. For this reason, it is important to reach out to a California construction accident attorney as soon as possible after being injured. They can help you determine what options are available to you, and advocate for your right to full compensation.
Help for California Injury Victims
Construction accidents happen far too frequently in California. If you have been hurt in or around a construction site, you may not be limited to a workers’ compensation claim. Our legal team will help you determine if you can file a personal injury lawsuit – and help you get maximum compensation for your injuries.
The Kuvara Law Firm represents accident victims throughout the San Francisco Bay Area. We work hard to help our clients achieve justice, and never charge a fee unless we recover money for you.
To learn more or to schedule a free consultation with a California construction accident lawyer, give us a call at or fill out our online contact form.
FAQs About Construction Accident Claims in California
What should I do immediately after a construction accident in California?
You should seek medical attention right away, report the accident to your employer or supervisor, document the scene with photos and witness statements if possible, and contact an attorney experienced in construction accident claims.
What types of compensation can I recover?
Compensation may include medical expenses, lost wages, reduced earning capacity, rehabilitation costs, pain and suffering, and in some cases, punitive damages if gross negligence is involved.
Do I have to prove fault to receive compensation?
For workers’ compensation, you do not need to prove fault—benefits are available regardless of who caused the accident. For personal injury lawsuits, however, you must establish that another party’s negligence or wrongdoing caused your injuries.
What if my employer doesn’t carry workers’ compensation insurance?
If your employer is illegally uninsured, you may still file a claim through California’s Uninsured Employers Benefits Trust Fund (UEBTF) and/or pursue legal action against the employer.
Can family members file a claim if a construction accident leads to death?
Yes. Surviving family members may be entitled to workers’ compensation death benefits and may also file a wrongful death lawsuit if negligence was involved.