Tustin Construction Accident Lawyer

Workers' Compensation and Third-Party Claims

If you were hurt at work, workers' compensation is usually your only remedy against your own employer. It pays medical care and part of your lost wages, but nothing for pain and suffering, and the wage benefits are limited. I don't handle workers' compensation claims.

What I do handle is the third-party claim. California Labor Code section 3852 preserves an injured worker's right to sue anyone other than their employer whose negligence caused the injury. On a construction site, that can include:

• a general contractor or another subcontractor whose crew created the hazard
• a property owner or developer that kept control over safety, or failed to disclose a hidden hazard it knew about
• the manufacturer or rental company of a defective ladder, scaffold, lift, crane or power tool
• a driver who hit you in a work zone, or a delivery truck on site

A third-party claim can include everything workers' compensation doesn't, including full lost earnings and pain and suffering. Your workers' compensation carrier will usually seek repayment from the third-party recovery, and that has to be handled carefully so you aren't left short.

Hiring a Contractor Doesn't Always Mean Responsibility Passes

California courts generally presume that someone who hires an independent contractor hands over responsibility for the contractor's workers' safety. That presumption has important exceptions: when the hirer kept control over safety and its actions contributed to the injury, or when it knew about a concealed hazard that the contractor couldn't reasonably discover. These cases turn on contracts, site records and who actually directed the work.

Common Construction Accidents

• falls from ladders, scaffolds, roofs and unguarded openings
• scaffold and trench collapses
• being struck by falling tools or materials
• forklift, crane, lift and heavy-equipment accidents
• electrocution and burns
• defective tools and machinery

Construction accidents can also injure people who don't work there: pedestrians hit by falling debris, drivers in poorly marked work zones, or neighbors hurt by unsecured equipment. Those cases are brought as ordinary negligence or premises liability claims. I explain more in when a company is liable for your injuries.

Evidence in Construction Cases

I look at the contracts between the owner and contractors, site safety plans, daily logs, inspection and equipment records, incident reports, photos and video, and any Cal/OSHA investigation. A safety rule violation can be strong evidence of negligence. Much of this belongs to the companies involved, so I request that it be preserved early.

Injuries and Compensation

Construction accidents often cause fractures, brain injuries, spinal cord injuries, amputations and burns. A third-party claim can cover medical care, full lost wages and earning capacity, and pain and suffering. When an accident is fatal, the family may have a wrongful death claim. Over my career, I've recovered over $20 million for my clients in total.

How Fees Work: No Recovery, No Fee Guarantee

I handle construction accident cases on a contingency fee. You pay nothing upfront, I advance the costs of the case, and they're repaid from your recovery. If there's no recovery, you owe no fee.

Construction Accident FAQs

Can I sue if I'm already getting workers' comp?

You usually can't sue your own employer, but you can bring a third-party claim against anyone else whose negligence caused the injury, such as another contractor, the property owner or an equipment manufacturer, while still receiving workers' compensation.

Who is liable for a construction site accident in California?

It depends on who controlled the work and created the hazard. General contractors, subcontractors, property owners, equipment makers and rental companies can all be responsible in different situations.

Do I have to pay back workers' comp from a settlement?

Usually the workers' compensation carrier has a right to be reimbursed from a third-party recovery, and it may get a credit against future benefits. How that's handled affects how much you keep.

What if I was injured by a construction site but don't work there?

Then workers' compensation doesn't apply, and you can bring a claim directly against the contractor, property owner or other responsible party.

How long do I have to file a construction accident lawsuit?

Generally two years from the date of the injury in California, or six months for a government claim if a public agency was responsible for the project or site.

Talk to a Tustin Construction Accident Lawyer

If you were hurt on or near a construction site, call me at (714) 461-6003 or request a free consultation. I'll review who may be responsible beyond your employer and explain your options. You can also read more about my background or see the other types of injury cases I handle.