When a construction worker is injured on the job, workers’ compensation is generally the exclusive remedy against the worker’s employer. This system is designed to provide prompt medical care and disability benefits, regardless of fault, while shielding employers from lawsuits. However, if someone other than the injured worker’s employer or a co-worker contributed to the accident, the injured worker may pursue a separate third-party personal injury claim. Such a claim allows recovery of damages far beyond what workers’ compensation provides.

Numerous third parties may bear responsibility for injuries on a construction site, such as these:

• General contractors and subcontractors — Under California law, all contractors have safety obligations. If the negligence of one contractor or trade injures a worker from another, the negligent party may be liable in a third-party claim.

• Property owners — Owners can be held liable for unsafe site conditions, negligent maintenance or failure to warn under premises liability principles.

• Equipment and tool manufacturers — Injuries caused by defective machinery, tools, scaffolding or safety gear may support claims against manufacturers under product liability theories, such as design defects or failure to warn.

• Architects and engineers — Professional negligence by design professionals, such as structural errors or negligent oversight, may lead to liability if it contributed to the accident.

• Third-party drivers — Vehicle accidents involving delivery trucks, subcontractor vehicles or public traffic near the site can give rise to third-party claims.

Typical scenarios where third-party claims may arise include falls caused by another contractor’s unsafe scaffolding, electrocutions from poorly marked utilities, injuries from defective rented equipment and being struck by moving vehicles or objects operated by others. In all these situations, someone other than the injured worker’s employer may be legally responsible.

The damages available in a third-party claim are far more extensive than workers’ comp benefits, which are limited to medical expenses and a portion of lost wages. A third-party claim can recover full compensation of pain and suffering, emotional distress and loss of enjoyment of life. Workers can also seek 100% of their lost earnings, including loss of future earning capacity, rather than the limited wage replacement of workers’ comp. Spouses may recover damages for loss of consortium. Property damage losses (such as personal tools or vehicles) are also compensable.

Unfortunately, many injured construction workers don’t realize they may have rights beyond workers’ compensation. Consulting an experienced personal injury attorney as soon as possible is the best way to identify all potential sources of financial recovery and to ensure critical evidence is preserved. 

If you’ve been injured in a California construction site accident, the attorneys of Favaro, Lavezzo, Gill, Caretti & Heppell, PC in Vallejo can help you obtain the compensation you deserve. We serve clients in Solano, Contra Costa and Napa counties. Call 707-674-6057 or contact us online to arrange a consultation.