Construction sites can be dangerous, and accidents often result in severe injuries or long-term disability in Los Angeles County. Michael D. Waks is a construction accidents lawyer who specializes in holding employers, contractors, and subcontractors accountable for workplace negligence. From scaffolding falls to machinery accidents, he provides comprehensive legal support to maximize your recovery. Contact Michael D. Waks at (888) 394-1174 for a free consultation and protect your rights after a construction accident.

Your Legal Options After a Construction Site Accident

Construction sites are some of the most dangerous workplaces in Los Angeles County. Workers and even bystanders can be exposed to hazards that lead to serious injuries or fatalities. Heavy machinery, electrical systems, unstable scaffolding, and falling debris all pose risks. When accidents occur, understanding your legal options is essential for recovering compensation and holding negligent parties accountable.

Common Causes of Construction Site Accidents

Construction work involves multiple contractors, subcontractors, and suppliers operating in one place, which increases the chance of mistakes and miscommunication. Some of the most common causes of accidents include:

Falls from heights such as ladders, scaffolds, or rooftops
Falling objects from cranes or upper levels
Electrical shocks from exposed wiring or faulty equipment
Machinery accidents involving forklifts, bulldozers, or power tools
Slips and trips caused by uneven surfaces or debris
Trench collapses and structural failures
Exposure to hazardous substances, including chemicals or dust

Each of these incidents can result in severe injuries such as fractures, spinal damage, burns, or traumatic brain injuries. Victims often face extensive medical treatment, lost wages, and long-term disability.

Your Rights as an Injured Construction Worker

California law provides several avenues for injured construction workers to seek compensation. The two most common are workers’ compensation claims and personal injury lawsuits. The right option depends on the specific details of the accident and who is at fault.

Workers’ Compensation Claims

In most cases, employees injured on the job are entitled to workers’ compensation benefits. This system allows workers to receive medical care and partial wage replacement without needing to prove that their employer was negligent.

Under California law, workers’ compensation typically covers:

Medical expenses, including hospital care, therapy, and rehabilitation
Temporary or permanent disability benefits
Supplemental job displacement benefits for retraining, if you cannot return to your old position
Death benefits for surviving family members if the accident is fatal

While workers’ compensation provides vital financial support, it does not allow you to recover damages for pain and suffering or emotional distress. Additionally, the claims process can be complex, and some employers or insurance carriers may dispute the claim. Having an attorney can help ensure you receive the full benefits you deserve.

Third-Party Liability Claims

Not all construction accidents are limited to workers’ compensation. If someone other than your employer contributed to your injury, you may be able to file a third-party personal injury claim.

For example, you may have a valid claim against:

A subcontractor who created an unsafe condition
A property owner who failed to maintain a safe environment
An equipment manufacturer that produced defective machinery
A negligent driver who caused an accident near the job site

Third-party claims differ from workers’ compensation cases because they allow you to pursue additional damages, such as pain and suffering, emotional distress, and full wage losses. These claims can be filed alongside or after a workers’ compensation claim, depending on the circumstances.

Premises Liability in Construction Accidents

In some cases, the property owner or manager of the construction site may be held responsible under premises liability laws. Property owners have a duty to maintain a reasonably safe environment for workers and visitors. If they fail to correct or warn about dangerous conditions—such as unstable ground, poor lighting, or inadequate barriers—they can be held liable for injuries that occur on the site.

An attorney can help determine whether unsafe property conditions contributed to the accident and whether the property owner or another party should be included in a claim.

Defective Equipment and Product Liability

Many construction accidents involve tools or machinery that fail unexpectedly. When a product malfunction causes an injury, the manufacturer, distributor, or designer may be held accountable through a product liability claim.

These claims are based on defects such as:

Design defects that make the product inherently unsafe
Manufacturing defects that occur during production
Failure to warn of potential risks or provide proper instructions

Product liability claims can result in significant compensation since they allow victims to recover full damages beyond workers’ compensation limits.

Injured Bystanders and Non-Workers

Construction sites are not only hazardous for workers but also for pedestrians, drivers, and nearby residents. Falling debris, unsecured equipment, and inadequate warning signs can lead to injuries for people who are not employed at the site.

Bystanders injured in construction accidents can pursue personal injury claims against the responsible parties, including contractors, property owners, or equipment operators. Their claims are not restricted by workers’ compensation rules, allowing them to seek full compensation for all damages.

Proving Negligence in a Construction Accident Claim

To succeed in a personal injury or third-party claim, you must show that another party’s negligence caused your injury. This involves establishing four key elements:

Duty of care – The defendant had a legal obligation to maintain a safe environment or act responsibly.
Breach of duty – They failed to uphold that obligation through careless or reckless behavior.
Causation – Their actions directly caused your injury.
Damages – You suffered actual harm, such as medical bills, lost income, or pain and suffering.

Evidence plays a critical role in proving negligence. This may include photographs, safety inspection reports, witness statements, and expert analysis. Promptly reporting the accident and seeking medical treatment can also help strengthen your case.

Time Limits for Filing a Claim in California

California has strict time limits for filing both workers’ compensation and personal injury claims.

Workers’ compensation claims must generally be reported to your employer within 30 days of the injury.
Personal injury claims and third-party lawsuits must be filed within two years from the date of the accident.

Missing these deadlines can jeopardize your ability to recover compensation, making it important to take legal action as soon as possible.

Compensation You May Recover

Depending on the type of claim, victims of construction accidents may be entitled to recover damages such as:

Medical treatment and rehabilitation costs
Lost wages and loss of future earning capacity
Pain and suffering
Emotional distress
Permanent disability or disfigurement
Property damage, if applicable

For fatal construction accidents, surviving family members may file a wrongful death claim to seek compensation for funeral expenses, loss of income, and loss of companionship.

Seeking Legal Guidance After a Construction Site Injury

Construction accident cases are complex because they often involve multiple companies, layers of insurance coverage, and state safety regulations. Determining liability requires a thorough investigation and a clear understanding of California labor laws.

Working with an experienced personal injury attorney in Los Angeles County can make a significant difference in your outcome. A lawyer can gather evidence, identify all liable parties, manage insurance negotiations, and ensure you pursue every available form of compensation.

Rebuild Your Life with a Los Angeles County Construction Accident Attorney

Construction accidents can leave lasting injuries and financial hardship. Michael D. Waks, an experienced Los Angeles County construction accident attorney, is committed to helping injured workers and their families secure the compensation they deserve. He will thoroughly investigate your case and stand up against negligent parties. Call Michael D. Waks at (888) 394-1174 for a free consultation and begin rebuilding your future with strong legal support.