What are the most common construction accident injuries?

The injuries construction workers suffer tend to be severe because the hazards are severe: traumatic brain injuries and spinal cord injuries from falls, crush injuries and amputations from heavy equipment and caught-in/between incidents, fractures, severe burns from electrical and chemical exposure, and lacerations from tools and flying debris. Many leave a worker unable to return to the same trade—which is exactly why the full scope of future lost earning capacity matters.

What is OSHA’s “Fatal Four”?

According to the U.S. Occupational Safety and Health Administration (OSHA), four hazard types cause the majority of construction deaths: falls (the single leading cause), struck-by-object, caught-in/between, and electrocutions. OSHA has estimated that eliminating the Fatal Four would save roughly 600 workers’ lives in America every year. Falls alone account for more than a third of construction fatalities.

Can I sue beyond workers’ compensation?

Often, yes. Workers’ compensation is generally the exclusive remedy against your direct employer (California Labor Code §3602), and it pays regardless of fault—but it does not pay for pain and suffering. When a third party caused or contributed to the accident—a general contractor, property owner, a subcontractor you don’t work for, or the maker of defective equipment—you can bring a separate third-party claim for your full damages. California’s Privette line of cases limits a hirer’s liability, but real exceptions exist where the hirer retained control over safety or concealed a hazard (Hooker and Kinsman).

What is a construction injury claim worth?

A third-party claim can recover past and future medical care, full lost wages and lost earning capacity, and pain and suffering—categories workers’ comp does not fully cover. Value depends on the severity of the injury, how it affects your ability to work, and the strength of the liability evidence. We do not put a number on a case until we understand the medical picture and the safety violations involved.

What should I do after a construction accident?

Report the injury to your employer in writing, get medical care immediately, and—if you safely can—photograph the scene, the equipment, and any missing safety measures, and get the names of witnesses. In California you generally have two years to file a personal-injury lawsuit (Code of Civil Procedure §335.1) and one year to file a workers’ compensation claim, so do not wait to get advice.

Quick Reference

Frequently Asked Questions

Is workers’ compensation my only option after a construction accident?

No. Workers’ comp is usually your exclusive remedy against your employer, but if a third party—a general contractor, property owner, another subcontractor, or an equipment manufacturer—was at fault, you can bring a separate personal-injury claim for full damages, including pain and suffering.

How long do I have to file a construction accident claim in California?

Generally two years for a personal-injury lawsuit (Code of Civil Procedure §335.1) and one year to file a workers’ compensation claim. Some claims against public entities have a six-month deadline, so get advice quickly.

Can I file a claim if I’m an undocumented worker?

Yes. California law protects all workers regardless of immigration status. Undocumented workers are eligible for workers’ compensation and can pursue third-party personal-injury claims.

Who can be held liable for a construction accident?

It depends on the facts. Your employer answers through workers’ comp; general contractors, property owners, subcontractors, and equipment manufacturers can be liable in a third-party claim when their negligence or a defective product caused the injury.