Construction sites carry some of the highest injury rates of any workplace in Los Angeles. Our construction accident team holds negligent contractors and property owners accountable.
A construction site can be a dangerous place. There’s a lot going on, much of it inherently risky, and the situation is often best described as “controlled chaos.”
You do your best to be a safe and productive employee. You take all of the necessary precautions and look out for your co-workers. But you can do everything right and still suffer a catastrophic personal injury while on the job.
Our firm represents those hurt on the job in construction accidents as the result of negligence from a third party. We will investigate your accident, determine its cause and pursue liability from the responsible parties.
If you live in or around Redondo Beach, California and need an experienced construction accident lawyer, please call Kirtland & Packard, LLP today at (310) 536-1000 to schedule your Free consultation.
What Is a Construction Accident Lawsuit in California?
A construction accident lawsuit is a civil claim filed when a worker or bystander suffers injury due to unsafe conditions, defective equipment, or negligent conduct on a job site. Unlike a standard workplace injury, construction sites often involve multiple companies working together: general contractors, subcontractors, property owners, and equipment suppliers.
When negligence by a party other than your direct employer causes the injury, Los Angeles construction accident lawyers can pursue a third-party claim in addition to any workers’ compensation benefits. That distinction often determines whether a case recovers a fraction of your losses or the full amount.
Workers’ Compensation vs. Third-Party Lawsuits
Workers’ compensation covers medical bills and a portion of lost wages regardless of fault, but it bars lawsuits against your direct employer in most cases.
A third-party lawsuit, however, allows Los Angeles construction site accident lawyers to pursue full damages, including pain and suffering, against a negligent contractor, property owner, or equipment manufacturer who was not your employer. Both paths can often run simultaneously.
Your Rights Under California Labor Code
California’s Labor Code requires employers to maintain safe working conditions, provide proper training, and comply with Cal/OSHA safety standards.
When a site owner or contractor ignores these requirements, construction site accident lawyers in Los Angeles can use the violation itself as evidence of negligence. Retaliation against a worker for reporting unsafe conditions is also illegal and can form the basis of a separate claim.
Types of Construction Accident Injuries
Construction accidents produce some of the most severe injuries we handle. Falls from scaffolding, ladders, or unfinished floors cause fractures, spinal injuries, and traumatic brain injuries. Being struck by falling tools, materials, or heavy equipment is another leading cause.
Electrocutions from exposed wiring, crush injuries from collapsing structures or trench walls, and injuries from malfunctioning cranes and forklifts round out the most common claims construction accident lawyers in Los Angeles see.
Repetitive strain injuries and chemical exposure, while less visible, can be just as disabling and often go undocumented until symptoms worsen significantly over time.
Causes of Construction Accidents
One of the common misconceptions regarding construction site accidents is that they are all handled through workers’ compensation. People think that if they get hurt at work, they can’t sue – they have to file for workers’ comp.
This isn’t quite accurate, though it is generally true that a workplace injury with no outside actors involved is handled through workers’ comp. In other words, if you’re hurt at the workplace and no third parties played a role, you likely won’t be able to sue.
Construction sites are a bit more complicated, however. There are “third parties” everywhere. Heavy vehicle traffic is constant. Electricians, outside carpenters, a whole range of contractors who are not directly associated with the employee or employer who still play a significant role in the construction of a new building.
If you’re hurt as a result of negligence or misconduct from a third party, you can pursue a personal injury claim against that party. At Kirtland & Packard, our construction accident attorneys help victims with these claims.
A personal injury lawsuit is different than workers’ compensation in several regards, not the least of which is it can include compensation for pain and suffering. Even if you qualify for workers’ compensation, it is often best to discuss your claim with a personal injury attorney to determine which course of action makes the most sense for the circumstance.
Common Causes of Construction Accidents
OSHA has identified the four leading causes of fatal construction site accidents. Known as Construction’s Fatal Four, these are:
- Falls from high places. Often a result of inadequate safety precautions or faulty equipment, OSHA reports that falls account for over 38% of all fatal construction accidents
- Being struck by an object. Falling debris, carelessly discarded tools, and other objects can fall from great distances and cause serious or fatal injury. Being struck by an object accounts for more than 9% of all fatal construction accidents
- Electrocution. Exposed wires, poor wiring, and other negligent mistakes can result in burns, organ damage, and death. Over 8% of fatal construction accidents are related to electrocution
- Being caught in between. Crushing can occur when trenches collapse, debris is carelessly discarded, or equipment is not properly used. Crushing or suffocation accounts for more than 7% of all fatal construction accidents
OSHA’s Fatal Four are the leading causes of death on construction sites, but death is not always their result. In fact, the National Safety Council reports there were 310,000 preventable injuries in the field of construction that required medical attention in 2016, the latest year for which data is available. This makes the field of construction the third most most likely to result in injuries to workers that require medical attention. Construction remains the leader for injuries that result in death.
Finding the true cause of your accident and resulting injury requires going deeper and pursuing liability wherever it might lead. Our construction accident lawyers are unafraid to pursue the compensation you deserve, even if liability lies on the shoulder of a powerful, wealthy organization or corporation.
What Compensation Can You Recover?
Compensation in a construction accident case depends on whether the claim runs through workers’ comp, a third-party lawsuit, or both. Construction site accident attorneys in Los Angeles help you with medical expenses, lost wages, and future earning capacity for injuries that prevent a return to physical labor.
Pain and suffering damages are available in third-party claims but not in standard workers’ comp. Los Angeles construction site accident attorneys also pursue damages for permanent disability, since many construction injuries end a worker’s ability to perform the same trade again. We calculate the full scope before any settlement is considered.
Contact Us for a Free Consultation
If you want to speak with our construction accident lawyers about your case, please call Kirtland & Packard, LLP today at (310) 536-1000 for a complimentary case review. We serve injured construction workers and their families living throughout the South Bay area including Torrance, Manhattan Beach, and Gardenia from our Redondo Beach office. If your injury has made travel impossible, one of our attorneys can visit you for your obligation and cost-free consultation.
Frequently Asked Questions
What's the difference between workers' comp and a lawsuit?
Workers' compensation pays medical bills and partial lost wages regardless of fault, but bars suing your direct employer. A lawsuit against a negligent third party, someone other than your employer, allows for full damages, including pain and suffering, and the two often proceed at the same time.
Who can be held liable for a construction accident in California?
Liability can extend to general contractors, subcontractors, property owners, equipment manufacturers, and architects, depending on who created the hazard or failed to address it. Construction accident attorneys in Los Angeles identify all responsible parties, since construction sites often involve multiple companies working on the same job simultaneously.
How long do I have to file a construction accident lawsuit in California?
California's statute of limitations for most personal injury claims, including construction accidents, is two years from the date of injury under California Code of Civil Procedure section 335.1. Los Angeles construction accident attorneys can confirm which deadline applies if a government entity was involved.
What compensation can I recover after a construction accident?
Recoverable damages include medical costs, lost income, future earning capacity, and pain and suffering in third-party claims. If the fall caused a traumatic brain injury, our brain injury attorney in Los Angeles calculates the damage separately, and our aircraft accident lawyer colleagues in Los Angeles handle any related crane or aerial equipment failures.