Hurt on a Construction Site in California? You May Have Both Workers’ Comp and a Personal Injury Claim.
Construction sites are among the most dangerous workplaces in California. Falls, collapsing scaffolds, falling materials, and unsafe equipment injure thousands of workers each year.
Most injured workers qualify for workers’ compensation benefits—but that’s not always the end of the story. If someone other than your employer caused your injury (like a negligent subcontractor, property owner, or equipment company), you may have the right to pursue a civil personal injury lawsuit for full compensation.
At Rulsky Law Group, we hold negligent companies accountable. Our Los Angeles construction injury lawyers have recovered millions for victims hurt on job sites throughout California.
Understanding Construction Site Liability in California
California Labor Code § 3600 makes workers’ compensation the exclusive remedy against your employer, but there are key exceptions and third-party rights.
You can pursue a third-party injury claim if your injury was caused by:
- A general contractor or subcontractor (not your direct employer) who created unsafe conditions.
- A property owner who failed to maintain a safe job site.
- An equipment or materials supplier whose defective tools or machinery caused injury.
- A negligent driver who struck you while working near a roadway or job site.
In some cases, even an employer’s conduct can open the door to civil damages — for example, when an employer’s violation of safety laws or concealment of hazards rises to serious and willful misconduct (Lab. Code § 4553).
California’s Peculiar Risk Doctrine
Under the Peculiar Risk Doctrine, property owners and general contractors can be held vicariously liable for injuries caused by inherently dangerous work — even when an independent contractor caused the harm.
This principle originates from Privette v. Superior Court (1993) 5 Cal.4th 689 and its progeny, which continue to define when workers can bring claims beyond workers’ comp. While Privette limited certain lawsuits, exceptions remain when a hirer retains control or engages in affirmative acts that contribute to injury (Hooker v. Department of Transportation (2002) 27 Cal.4th 198).
Our firm closely analyzes every fact to identify whether your case qualifies for these Privette exceptions—the key to unlocking full civil damages.
How Rulsky Law Group Builds Strong Construction Injury Cases
We investigate every layer of liability using:
- OSHA and Cal/OSHA records for prior safety violations.
- Jobsite photos, inspection reports, and daily logs showing unsafe conditions.
- Contracts between owners, generals, and subs to establish control and duties
- Expert testimony from construction safety engineers and life-care planners.
- Witness depositions and site worker interviews to prove knowledge of hazards.
Our California construction accident attorneys prepare every case as if it’s going to trial—because that’s how we achieve top-value settlements.
Common Construction Site Accidents
We handle all types of construction-related injuries, including:
- Scaffolding and ladder falls
- Electrical injuries and electrocution
- Falling debris or tool strikes
- Trench collapses
- Crane, forklift, and heavy machinery accidents
- Vehicle or dump-truck collisions on-site
- Defective safety harnesses or PPE failures
Injuries We Commonly See
Construction accidents often cause devastating harm such as:
- Traumatic brain injury (TBI)
- Spinal cord injury and paralysis
- Crush injuries and amputations
- Fractures and internal trauma
- Severe burns and electrocution injuries
- Chronic pain and PTSD
Damages You Can Recover
Through a third-party construction accident claim, our firm pursues:
- Full medical expenses (past and future)
- Lost income and diminished earning capacity
- Pain and suffering
- Disfigurement or loss of limb
- Emotional distress and PTSD treatment
- Punitive damages in cases of gross negligence or safety violations
Frequently Asked Questions (FAQ)
Yes. You can receive workers’ comp benefits while also pursuing a third-party civil claim against others who caused your injury.
You can sue that subcontractor directly. Workers’ comp immunity only protects your own employer.
The manufacturer, supplier, or rental company may be liable under California’s product liability laws.
If the violation was serious and willful, Labor Code § 4553 allows increased compensation—and may open the door to civil liability.
