If you are a victim of a construction site accident, you can file a personal injury lawsuit against the individuals or companies responsible for the accident. A personal injury lawsuit can allow you to get compensation for your injuries, including medical costs, lost wages, pain and suffering, and loss of future income.
If someone is killed in a construction accident, the surviving family can file a wrongful death lawsuit against those responsible.1 When a construction accident happens on the job, workers’ compensation should cover some medical expenses and lost income.2
If you have further questions after reading this article, we invite you to contact our California personal injury lawyers at Shouse Law Group. Also see our article on construction lawsuits.
Responsible parties
The parties responsible for a construction injury depend on the type of accident and who was involved. Liability for a construction accident could fall on the:
- Property owner;
- Construction worker;
- Construction company;
- Machine manufacturer;
- Architect;
- Engineer;
- General contractor or subcontractor; or
- City or government agency.
What are the legal claims in construction accident lawsuits?
Personal injury claims in a construction site accident may be based on:
1. Negligence
Most personal injury claims are based on negligence. To prove negligence in a construction accident case, you must prove the following:
- The defendant owed you a duty of care;
- The defendant breached that duty of care through negligence; and
- The defendant’s negligence was a substantial factor in causing the harm or death.3
2. Premises Liability
Property owners can be held liable for an accident that occurs on their property. Under “premises liability” laws, property owners and occupiers owe a duty of care to others to keep the property safe from dangerous conditions. The duty owed is based on the type of visitor to the property.
In a premises liability personal injury lawsuit, you must prove:
- The defendant owned, occupied, or controlled the property;
- The defendant was negligent in the use or maintenance of the property;
- You were harmed;
- The defendant’s negligence was a substantial factor in causing your harm.4
3. Vicarious Liability of an Employee
When a construction site accident is caused by negligent employees of the construction company, the company is vicariously liable under “respondeat superior” laws.5
Example: Tammy, a construction worker on a roof, accidentally drops her hammer. This causes Stefan, a pedestrian, to sustain serious injuries. Under vicarious liability, Stefan could seek damages against the construction company, which is more likely able to cover the expensive damage claim than Tammy would be. (See also our page on filing a lawsuit for injuries sustained in a roofing accident.)
4. Product Defects
Some construction accident injuries are caused by faulty or defective equipment. Under product liability laws, whoever designs, manufactures, or sells a defective product is strictly liable for injuries caused by that product. The designer, manufacturer, or seller is liable even if that person or company was not negligent.6
Strict liability for product defect claims involves the following types of defects:
Potential damages
The damages available after a construction site accident is money to compensate you for your costs and losses. This includes compensatory damages, which are intended to restore you to before the accident.
Economic damages
Economic compensatory damages in a construction accident lawsuit may include:
- Medical bills,
- Physical therapy and rehabilitative treatment,
- Long-term care,
- Medication and medical supplies,
- Lost wages,
- Lost future income.
Non-economic damages
Non-economic damages are intended to compensate you for incalculable losses caused by the accident, including:
- Loss of consortium,
- Injury to reputation,
- Compensation for loss of a limb,
- Emotional distress, and
- Pain and suffering.
Attaching a dollar amount to non-economic damages is a complex process, though there are various “multiplier methods” your attorney can use to try to maximize your settlement.
Punitive damages
Punitive damages, also called “exemplary” damages, may be available in a construction accident when the defendant’s actions were extremely reckless or intentional. Punitive damages are not intended to compensate you for your loss but instead to punish the defendant and deter similar actions in the future.
In a personal injury accident, punitive damages may be available when the defendant has acted with:
- Malice,
- Fraud or oppression,
- Extreme recklessness, or
- Intentionally caused harm.8
Filing a lawsuit
If you are injured on the job in a construction accident, your injuries are likely covered by workers’ compensation insurance. This usually precludes you from being able to file a personal injury lawsuit against your employer.
Although workers’ compensation limits your legal rights, you can collect benefits without having to prove your employer was negligent. Depending on the case, workers’ comp should pay for your:
- medical bills and
- wage replacement.
What if I am an independent contractor?
If you are an independent contractor who was injured on a construction job site, you may be able to file a personal injury lawsuit against the party responsible for the accident.
What if a third party caused my work injury?
You may also be able to file a personal injury claim against any third-party defendants responsible for the accident. This could include a property owner, equipment manufacturer, or contractor.
Example: William is hanging drywall for his employer when he falls off a ladder. If William’s injury was not caused by a defective ladder, William may be limited to filing a workers’ comp claim. Though if the ladder was defective, William may be able to file a personal injury lawsuit against the ladder manufacturer or seller based on product liability.
Wrongful death cases
Most fatalities on construction sites involve either of the “fatal four”:
- falls (such as from scaffolds, roofs, or cranes),
- being struck by falling objects,
- electrocutions, and
- getting trapped or caught in between machinery or other equipment.9
If a construction site accident results in death, the family may be able to file a wrongful death lawsuit.10 Similar to a personal injury claim, the family can seek compensation from those responsible for the accident under claims of
- negligence,
- product defects liability, or
- property owner’s liability.
Am I eligible to bring a wrongful death case?
In most cases, only certain family members can seek damages in a wrongful death lawsuit, including:
- Surviving spouses;
- Domestic partners;
- Children;
- Grandchildren (if the children are dead); or
- Anyone else who has rights to the property of the decedent by California intestate succession laws.
What damages can I get in a wrongful death case?
Damages available under a wrongful death lawsuit include:
- Funeral and burial expenses;11
- Value of services the deceased would have provided;12
- Loss of companionship;13
- Loss of support;
- Loss of affection;
- Loss of financial support the deceased would have provided.
Shared fault
Even if you are partially to blame for the accident, you can still file a lawsuit against others who were also a cause of the accident. Under California’s “comparative fault” law, you can still recover damages based on how much each party was at fault.14
When more than one party is at fault for your injuries, the jury will decide what percentage each party is at fault for. The percentages must add up to 100%. 15
The jury will then decide the total amount of damages. You can recover damages based on the defendants’ level of fault.
Example: Walter was juggling bricks when Alex throws him another brick to juggle without warning. This causes Walter to drop the bricks on his foot, causing $1,000 in damages. A jury finds Alex is 90% negligent for causing the injury, but Walter is 10% responsible for his own injuries. Therefore, Walter can recover $900 of the $1,000 damages from Alex.
Other examples of what could cause you to recover less for your injuries include refusing to wear a safety harness/belt or hard hat and failing to follow required safety protocols.
Common construction site injuries
Accidents on construction sites can cause death or any of the following 10 injuries:
- burns from defective devices that catch fire or explode
- head, shoulder, and brain injuries, including TBI (traumatic brain injuries)
- spinal cord injuries, which can lead to paralysis
- fractured and crushed bones
- sprained knees, ankles, and wrists
- ligament tears
- contusions and cuts
- amputations (such as from a malfunctioning saw)
- injuries from making repetitive motions
- strokes and cardiovascular events, such as heart attacks
- occupational illnesses such as respiratory diseases, blood disorders, and cancers from toxic exposure or radiation (a common example is mesothelioma from asbestos)
If someone is killed in a construction accident, the surviving family can file a wrongful death lawsuit against those responsible.
Additional resources
For more in-depth information, refer to these scholarly articles:
- Contributing factors in construction accidents – Applies Ergonomics.
- Identifying Root Causes of Construction Accidents – Journal of Construction Engineering and Management.
- Causal factors and connections in construction accidents – Safety Science.
- Modelling Construction Accident Tort Cases – Construction Safety Informatics.
- Construction Accident Law – Book by Marc M. Schneier.
Legal References:
- Code of Civil Procedure 377.60.
- Cal. Const. Art. XIV § 4.
- California Civil Jury Instructions (“CACI”) 400. See also California Civil Code section 1714(a). See, for example, Brannan v. Lathrop Construction Associates, Inc. (Court of Appeal of California, First Appellate District, Division One, 2012) 206 Cal. App. 4th 1170. See also Brown v. Beach House Design & Dev. (Cal.App. 2022) ; Degala (Abraham) v. John Stewart Company (Cal.App. 2023) .
- CACI 1000. Premises Liability. Essential Factual Elements. Visitors or customers to store or office buildings may be walking into construction areas without knowing it. Construction areas should have warnings or barriers to prevent people from walking into dangerous areas. Accidents in a construction area could include a: Fall from an elevated area without a railing, fall down temporary stairs, falling objects, slip and fall on a wet surface, or trip on loose flooring.
- Perez v. Van Groningen & Sons, Inc. (1986) 41 Cal.3d 962, 967.
- Soule v. GM Corp. (1994) 8 Cal.4th 548, 560.
- See CACI Series 1200 — Products Liability. Product defects in construction accidents may involve: cutting tools or saws without proper protection, faulty heavy machinery, lawsuits for accidents from faulty or defective ladders or defective scaffolding, heavy machinery without proper safety warnings, electrical machines that cause electric shocks or electrocution, or leaking machines that cause fire or explosions.
- CACI 3940 – Punitive Damages. See also California Civil Code § 3294. See also In re Angelia P. (1981) 28 Cal.3d 908.
- OSHA 3252-05N 2005. Top Four Construction Hazards, OSHA. Construction site injuries and death also result from: defective tools – common examples include nail guns, spray guns, power drills, jigsaws, side grinders, electric saws, sanders, and other hand tools; heavy machinery – common examples include bulldozers, forklifts, cranes, pavers, and dumpsters; collapsed scaffolding or trenches – this can occur from improper construction or exceeding the weight limits; fires – these include chemical fires (such as from flammable chemicals and gas main breaks), electric fires (such as from exposed wires getting wet), thermal fires (such as from a blow torch), and other explosions; defective welding or brazing equipment; and people who are improperly trained to use any of the above.
- California Code of Civil Procedure 377.60. Toste v. CalPortland Construction (Court of Appeal of California, Second Appellate District, Division Six, 2016) 245 Cal. App. 4th 362.
- Vander Lind v. Superior Court (1983) 146 Cal.App.3d 358.
- See California Civil Jury Instructions (CACI) 3921.
- Same. See also Allen v. Toledo (1980) 109 Cal.App.3d 415.
- California Civil Jury Instructions (CACI) 405.
- California Civil Jury Instructions (CACI) 406.