Construction sites are some of the most hazardous work environments in California. With multiple trades working side by side—carpenters, electricians, plumbers, machine operators, and laborers—the risk of accidents is high. But what happens when you’re injured on the job because of another contractor’s negligence? Many workers assume they’re limited to workers’ compensation, but in certain situations, a third-party liability claim may offer a path to additional compensation.
At Law Offices of Michael A. Kahn, we help injured workers and bystanders navigate the complexities of California construction accident law. If your injury was caused by someone other than your direct employer, you may be able to pursue damages beyond what workers’ comp provides.
Understanding Third-Party Liability in Construction Accidents
California law generally bars workers from suing their own employers for injuries sustained on the job—that’s what workers’ compensation is for. But not every accident is your employer’s fault. On a typical job site, subcontractors, general contractors, equipment suppliers, and property owners may all play a role in maintaining safety. If one of these parties is negligent, they can potentially be held liable through a personal injury lawsuit.
Examples of third-party negligence include:
- A subcontractor fails to secure scaffolding, leading to a fall
- A crane operator employed by a different company drops materials on a worker
- An electrician from another crew improperly wires a site, resulting in electrocution
- A piece of rented equipment malfunctions due to poor maintenance by the rental company
In all of these cases, the injured worker may have the right to sue the responsible third party in addition to receiving workers’ comp benefits.
Why These Cases Matter
Workers’ compensation provides medical benefits, disability payments, and coverage for some lost wages. But it doesn’t cover everything. You can’t receive compensation for pain and suffering, and the amount of lost wages covered may not reflect your full financial hardship.
A third-party personal injury lawsuit, on the other hand, allows you to seek:
- Full compensation for lost wages and future earning potential
- Reimbursement for pain and suffering
- Coverage for emotional distress
- Additional damages if gross negligence is proven
This type of lawsuit can be critical for construction workers facing life-changing injuries, such as traumatic brain injuries, spinal cord damage, or amputations, where workers’ comp alone simply isn’t enough.
Proving a Third Party Was at Fault
Successfully pursuing a third-party claim requires thorough investigation and legal skill. A personal injury attorney will need to:
- Determine liability by reviewing contracts, work logs, safety reports, and job site roles
- Collect evidence such as surveillance footage, eyewitness testimony, and expert opinions
- Prove negligence, which means showing the third party had a duty of care, breached that duty, and caused your injury as a result
Time is also a factor. Unlike workers’ compensation claims, which are filed quickly after an injury, third-party lawsuits fall under California’s statute of limitations for personal injury—generally two years from the date of the accident.
You Don’t Have to Handle This Alone
Construction injury cases involving third parties can be complex, but you don’t have to figure it out on your own. At Law Offices of Michael A. Kahn, we have extensive experience investigating multi-party construction site accidents across Southern California. Whether you’re a worker hurt by another crew’s negligence or a bystander injured due to poor safety protocols, we can help you explore every legal option available.
Schedule a Free Consultation
If you or a loved one has been injured on a construction site and suspect someone other than your employer is at fault, don’t settle for just workers’ comp. Call Law Offices of Michael A. Kahn today at (310) 209-1600 to schedule a free consultation. We’ll review your case, explain your rights, and help you pursue the full compensation you deserve.
You work hard—make sure you’re protected when others don’t.
