
Construction sites in California are dangerous places. While many injuries happen to workers employed on the site, non-employees can also get hurt. If you are not employed by the company running the construction project but you were injured on or near the site, you may still be able to file a lawsuit and recover compensation.
At our law firm, we represent individuals who suffer serious injuries at construction sites, even when they are not employees. These cases often involve pedestrians, delivery drivers, subcontractors, or other people who are simply in the wrong place at the wrong time. In this article, we explain your legal rights and what steps to take if you are injured on a construction site in California but do not work for the company that controls the site.
Who Gets Injured on Construction Sites Besides Employees?
Injuries at construction sites do not only happen to full-time workers. Here are some common examples of non-employees who may be hurt:
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Pedestrians walking near a site where safety precautions were not followed
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Delivery drivers dropping off materials and injured by falling tools or debris
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Subcontractors or their employees who are working for a different company on the site
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Property inspectors, visitors, or vendors who enter the construction area
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Nearby residents or bystanders affected by unsafe site activity or explosions
These individuals may not be covered by workers' compensation insurance, but that does not mean they are out of options. California law allows injured non-employees to sue the responsible parties when negligence is involved.
Workers' Compensation vs. Third-Party Personal Injury Claims
If you were an employee and got injured on the job, you would typically file a workers' compensation claim. This system is designed to help injured workers recover medical bills and partial wage replacement, regardless of who was at fault.
However, if you are not employed by the company that controls the construction site or the party that caused your injury, you may not be eligible for workers' comp. In that case, you may have the right to file a third-party personal injury lawsuit.
Third-party lawsuits are legal claims filed against someone other than your employer. These lawsuits can result in higher compensation than workers' comp claims because they allow you to recover for pain and suffering, full lost wages, and other types of damages.
Who Can You Sue If You Are Not an Employee?
In California, multiple parties may be held responsible for construction site injuries. Depending on the circumstances, you may be able to sue:
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The general contractor
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A subcontractor or another trade working on the site
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The property owner or developer
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An equipment manufacturer, if defective tools or machinery were involved
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An architect or engineer who created unsafe conditions
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A delivery company or third-party vendor
If someone's negligence created an unsafe environment and you were hurt because of it, they may be legally responsible. It is common in these cases to identify multiple liable parties, each of whom may contribute to your recovery.
How to Prove a Construction Site Injury Case
To succeed in a personal injury lawsuit, you must show that the defendant was negligent and that their negligence caused your injury. Under California law, you will generally need to prove:
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The defendant owed you a duty of care
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The defendant breached that duty by acting carelessly or failing to act
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You were injured as a direct result of the defendant's actions
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You suffered damages, such as medical bills, lost income, or pain and suffering
Construction site operators and contractors have a legal obligation to maintain a reasonably safe environment. This includes following safety regulations, keeping walkways clear, properly maintaining equipment, and warning others about known dangers. If they fail to do so, they may be held liable.
What if You Are an Independent Contractor or a Subcontractor?
California law allows independent contractors and subcontractors to sue other contractors or property owners if they are injured due to someone else's negligence. For example, if you are an electrician hired by a subcontractor and you are hurt because another contractor left equipment scattered around the jobsite, you may be able to file a third-party personal injury claim.
You do not have to be a full-time employee to have legal rights. If another party created the dangerous condition that caused your injury, you may be entitled to compensation.
What Compensation Can You Recover?
A successful third-party construction injury lawsuit may entitle you to compensation for:
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Medical expenses, including surgeries, hospital stays, and future treatment
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Lost wages and loss of earning potential
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Pain and suffering
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Emotional distress
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Disability or disfigurement
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Loss of enjoyment of life
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Loss of consortium (impact on your relationships)
In fatal cases, surviving family members may be able to pursue wrongful death damages, including funeral costs and loss of future financial support.
What to Do After a Construction Site Injury as a Non-Employee
If you were hurt on or near a construction site and are not an employee, follow these steps to protect your legal rights:
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Seek medical attention immediately
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Report the incident to the site manager or property owner
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Take photos or videos of the scene and your injuries
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Collect contact information from any witnesses
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Keep copies of all medical records and expenses
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Do not speak with insurance companies or sign documents without legal advice
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Contact an experienced California construction accident lawyer
Acting quickly after your injury can make a big difference in the strength of your case.
Time Limits to File a Lawsuit in California
California has strict deadlines for personal injury claims. In most cases, you have two years from the date of the injury to file a lawsuit. However, if the party you are suing is a government agency, such as a city or school district, you may have as little as six months to file a government claim.
Missing these deadlines can prevent you from recovering any compensation at all. That is why it is important to speak with a lawyer as soon as possible after your injury.
Do You Need a Lawyer?
Construction injury cases involving non-employees are complex. These cases often involve multiple parties, large insurance companies, and technical questions about site safety. A qualified personal injury lawyer can help you:
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Investigate how the accident happened
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Identify all responsible parties
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Preserve critical evidence
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Negotiate with insurance companies
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File a lawsuit and represent you in court if needed
Our legal team has handled many complex construction injury cases in California. We know what it takes to hold negligent parties accountable and secure full compensation for our clients.
Free Consultation with a California Construction Injury Lawyer
If you were injured on a construction site and are not an employee of the company that runs the site, you may still have a strong legal case. You do not have to handle this alone. Our construction accident lawyers offer free consultations to help you understand your rights and options.
Contact us today to schedule your free case evaluation. There is no fee unless we win your case.
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