Construction Accidents
Attorney in California

Scaffolding collapses, ladder failures, falls through roof openings, fall-protection harness failures. Most-cited Cal/OSHA violation category. Third-party claims against scaffold manufacturers (defective design) or general contractors (failure to maintain fall-protection) are routine.

Falling tools, falling materials, swing-radius incidents with cranes, vehicle strikes within the work zone. Often involve third-party negligence by adjacent trades (electrician's tools falling on a plumber, etc.) — opening third-party claims separate from the comp case.

Contact with energized lines, arc-flash incidents, missing lockout/tagout procedures. Cal/OSHA's Subpart S regulations are violation-rich; serious-and-willful penalties under Labor Code § 4553 often apply for repeat violations.

Cave-ins killing or burying workers. Cal/OSHA requires protective systems for trenches over 5 feet. Violations support both § 4553 penalties and third-party claims against general contractors who failed to enforce safety on subcontractors.

Tip-overs, struck-by load incidents, swing-radius accidents, operator error. Third-party claims against crane manufacturers (mechanical failure), crane-rental companies (improper inspection), and signal-person/rigger negligence are common.

Demolition workers, renovation crews, and trades working in older buildings. Long-latency mesothelioma, lung cancer, and silicosis claims may arise decades after exposure. Both workers' comp and bankruptcy-trust claims against asbestos manufacturers are viable.

Solvent burns, concrete chemical exposure, paint and coating exposure. Combined with respiratory injury claims when exposure was ongoing.

Notify your employer within 30 days of any construction injury — even if it seems minor. Late notice gives carriers a strong defense. File the DWC-1 immediately even if you're past the deadline.

When the employer's serious and willful misconduct (disabled safety guards, ignored Cal/OSHA citations, removed fall-protection) caused the injury, your award increases 50% with no cap. Cal/OSHA citations are the strongest evidence.

Title 8 of the California Code of Regulations contains specific construction safety requirements (fall protection, scaffolding, excavation, electrical, crane operation). Violations are evidence of negligence in third-party claims and serious-and-willful petitions.

Injured workers retain the right to sue negligent third parties (general contractors, equipment manufacturers, property owners) for damages beyond what workers' comp covers — including full pain and suffering, future medical care, and lost earning capacity.

The Privette doctrine generally shields property owners and general contractors from injuries to subcontractor employees — but several exceptions apply (retained control, concealed hazard, statutory duty). We evaluate every construction case under these exceptions.

Construction workers cannot be fired, demoted, harassed, or reassigned because they filed a workers' comp claim. Violations increase the award by 50% (capped at $10,000) plus reinstatement and back pay. Subcontractor employees are protected the same as direct hires.

Cuts, fractures that heal cleanly, minor strains. Workers' comp covers medical care, TD, and small PD rating.

Conservative treatment with permanent restrictions. Third-party claim adds substantial value where applicable.

Workers' comp PD rating typically 20–40% with lifetime medical care. Third-party claims against equipment manufacturers, general contractors, or property owners often add $200,000–$1M+.

TBI, spinal cord injury, amputation, severe burns. Workers' comp permanent and total disability with lifetime weekly benefits, plus third-party damages including full pain and suffering and future life-care costs.

Workers' comp death benefits paid to surviving dependents under §§ 4700–4709. Wrongful death claims against third parties are uncapped and routinely exceed $5M in fatal construction cases.

Applies when employer's intentional safety violations caused the injury. Cal/OSHA citations and prior similar violations are the strongest evidence. We pursue § 4553 petitions on every viable case.

Build the AOE/COE record through Cal/OSHA records, witness statements, employer-required reporting, and contemporaneous medical records. Most construction AOE/COE denials fail because the job-site context is well-documented.

Privette has multiple exceptions: retained control over safety, concealed hazard, statutory duty under safety orders, and negligent hiring of subcontractor. We analyze every construction case for Privette exceptions — most viable construction cases have at least one.

Preserve the equipment, obtain manufacturer records (defect reports, recalls, prior incident history), and retain engineering experts to establish design defect, manufacturing defect, or failure-to-warn — California's three product liability theories.

Cal/OSHA citations, repeat violations, prior incidents, and safety-rule disregard at the supervisor level establish § 4553. We pursue the citation history aggressively — repeat violators face the strongest § 4553 cases.

Construction workers' bodies show degenerative changes from years of physical work — but apportionment requires substantial medical evidence the prior condition was symptomatic. We force the rating physician to identify specific pre-injury symptoms; vague apportionment fails at the WCAB.

California's ABC test (Dynamex / AB 5) and the Borello control-based test almost always classify construction workers as employees regardless of labels. Most 'independent contractor' defenses in construction fail under current law.