An injury in the construction industry can be very serious, both for your personal health and your career’s future. A workers’ compensation claim can recover a portion of your damages, but if someone else caused your injury, you may have other options for financial recovery. Can you sue a third party after a California construction accident?

You could recover additional damages not provided in a workers’ comp claim if a subcontractor, machine manufacturer, or other party caused your injury.

Claims Against Third Parties in the Construction Industry

The construction industry in California saw about 27,000 nonfatal employee injuries and illnesses in 2024 and 81 employee deaths. It is a dangerous work environment, but construction workers are usually covered by workers’ compensation insurance.

This allows you to recover the cost of your medical treatment and a portion of your wages if you are injured while at your workplace or while completing job duties. You do not have to prove that anyone was to blame to recover these benefits. These claims are filed with the workers’ compensation insurance company your employer gets insurance from.

In a third-party claim, you do have to prove fault. You have to show that another party owed you a duty of care, breached that duty, and that led to the accident and your injuries. These cases are filed against the at-fault party and an insurance company that covers the incident.

After a workplace injury, you could file both a workers’ compensation claim and a personal injury claim, depending on the circumstances.

Why Would You File a Third-Party Claim?

A third-party claim can recover damages that a workers’ compensation claim doesn’t. This includes your remaining lost income, future medical needs, pain and suffering, and other losses.

Who Is Potentially Liable in a Third-Party Claim?

In order to file a claim against a third party, you have to determine how your accident happened and who caused it. Unlike a workers’ compensation claim, a third-party claim requires you to prove fault. Depending on how your accident and injury occurred, liable parties might be:

Non-Employees on Site

Construction sites often involve many different subcontracted workers. If another worker who is not your coworker caused the incident because of carelessness or recklessness, they could be held liable. These claims are generally filed with the employer of that worker.

General contractors could also be held liable. This might be if you were injured because of unsafe premises or other hazardous work conditions. If the general contractor failed to assess the property, ensure regulations were met, and supervise workers, the general contractor may be held liable for those failures.

Property Owners

Properties can have many hazards that lead to incidents like caídas, collapsing structures, electrocution, hazardous exposure, fires, and more. When these hazards should have been addressed by the property owner, or you should have been warned of them and were not, the property owner might be liable.

Falls made up 36.0% of unintentional injuries that required an emergency department (ED) visit in 2024, based on information gathered by the California Department of Public Health’s Injury and Violence Prevention Branch (IVPB). Fire and burn injuries made up 1.2% of unintentional injuries.

Manufacturers of Faulty Equipment and Tools

Manufacturers and designers of products can be held liable if they were dangerously built or designed, or if there was a major defect. In 0.4% of ED visits caused by unintentional injuries, the injuries were caused by machinery. This was 9,024 ED visits in 2024. You could file a product liability claim against the party to blame for your accident.

Drivers

When construction work occurs near roads, or you have to drive construction equipment for your job, vehicle accidents can happen. Transportation accidents were responsible for 14.6% of unintentional injuries leading to ED visits in California, according to the IVPB. If the other driver caused the crash, you could file a claim with them and their insurance company to recover damages.

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Is It Worth Filing a Civil Claim Against a Contractor for an Injury?

It can be worth filing a civil claim against a contractor if their negligence led to your injury. You can hold them accountable for some or all of your financial and personal losses from the accident, which can give you the support you need to physically recover. If you were injured while working, this claim can recover some of the damages that are not available in a workers’ compensation claim.

What Is Considered a Third-Party in an Accident?

A third-party in an accident generally refers to someone who is not your employer or your coworkers in a workplace accident. It might include a member of the public, a contractor and contracted team, the property’s owner, the manufacturer of a product, or other parties on the worksite or in the accident.

How Long After a Construction Accident Can You File a Claim in California?

After a construction accident in California, you must file a claim within dos años for personal injury civil claims and within un año for workers’ compensation claims. If you miss either of these deadlines, you will likely be barred from getting any financial compensation through the court. Without the leverage to file a claim in court, it is unlikely you can get any compensation from the insurance company. Waiting to file also threatens some types of evidence.

How Much is a Good Settlement for Pain and Suffering After a Construction Accident?

The value of a good settlement for pain and suffering after a construction accident depends entirely on your specific situation, as a good settlement will cover all the reasonable damages from your injury. Pain and suffering damages are calculated based on the severity of your injury, how much it impacts your life, the number of days it affects you, and more. When you hire a construction accident lawyer, they can help you calculate fair compensation.

Hire a Construction Accident Lawyer in California

When you need a skilled legal team, reach out to Kenneth M. Sigelman y Asociados. We help injured individuals file reclamos por lesiones personales in San Diego and the surrounding areas. Our firm can help you negotiate claims with third-party insurers and file civil claims with the Civil Division in the Superior Court of California for the County of San Diego. Contáctenos Este Dia.