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Construction sites are among the most dangerous workplaces in California. From falling objects to heavy machinery malfunctions and scaffold collapses, the risk of serious injury is constant. When construction workers get hurt, they typically use California’s workers’ compensation system for benefits. However, in many cases, especially on multi-employer job sites, injured workers may also have a valid personal injury claim against a third party.
Understanding the difference between these legal avenues and how they can overlap is key to recovering the full compensation you may be entitled to. Here, our personal injury and workers’ compensation attorneys in Whittier explain.
What Does Workers’ Compensation Cover in California?
California’s workers’ compensation system is designed to protect employees who suffer injuries while performing job-related duties. It provides access to medical treatment and wage replacement benefits regardless of who was at fault. However, this system also limits your ability to file a lawsuit directly against your employer, even if they were negligent.
Under California law, almost all employers are required to carry workers’ compensation insurance.
When a worker is injured while performing their job duties, this no-fault system provides:
- Medical treatment.
- Temporary or permanent disability payments.
- Vocational rehabilitation (if applicable).
- Death benefits for surviving family members (in fatal cases).
When Does a California Personal Injury Claim Apply?
While workers’ compensation provides essential benefits, it does not offer the full range of compensation available in a personal injury lawsuit. In many construction site accidents, someone other than your employer may be legally responsible for your injuries. If that’s the case, you may be able to pursue a third-party personal injury claim for additional compensation.
These may include:
- Subcontractors or contractors from other companies.
- Property owners.
- Equipment manufacturers or suppliers.
- Architects or engineers.
If one of these third parties caused or contributed to your injury through negligence, you may be eligible to file a personal injury lawsuit in addition to your workers’ comp claim.
Common Third-Party Liability Scenarios in California Construction Accidents
Construction sites often involve multiple companies and overlapping responsibilities. This creates many opportunities for negligence by third parties not protected under the workers’ comp system. Identifying their role in your injury can open the door to a personal injury claim and much broader compensation.
Here are a few examples of how third-party liability often arises on California construction sites:
- A worker falls because a scaffolding company failed to erect equipment properly.
- A subcontractor’s employee leaves debris in a shared walkway, causing a serious trip-and-fall.
- A defective nail gun or crane malfunctions due to poor design or manufacturing.
- An on-site delivery truck driver, employed by another company, runs over a worker’s foot.
In each scenario, a personal injury claim may be filed against the responsible third party, while the worker still receives workers’ compensation benefits.
Why It Matters
Many injured workers assume that workers’ compensation will cover everything, but unfortunately, that’s rarely the case. The benefits are limited and often don’t address the full scope of a serious injury’s long-term impact. That’s why it’s so important to understand when a personal injury lawsuit may also be an option.
It doesn’t cover:
- Pain and suffering.
- Emotional distress.
- Full lost wages (only partial).
- Future diminished earning capacity (in many cases).
A successful third-party personal injury claim can fill these gaps and provide much-needed financial relief, especially in catastrophic or long-term injury cases.
How Our Whittier Attorneys Can Help
Navigating a workers’ compensation claim and a personal injury lawsuit simultaneously can be complex, but it’s precisely what we do. At Hanning & Sacchetto, LLP, our experienced attorneys understand the overlapping legal systems and know how to coordinate claims to maximize your compensation.
We understand the complex web of contractors, vendors, and insurers involved in California construction site accidents. We work to identify all liable parties and pursue every available source of compensation. Our team handles workers’ compensation and personal injury claims in-house, so you get coordinated, comprehensive legal representation from start to finish.
If you were hurt on a construction site in Whittier or anywhere in Southern California, don’t assume workers’ comp is your only option. Call (562) 280-2095 or contact our experienced Los Angeles County attorneys online—we’ll review your case and help you understand your rights.
Related Links:
- Are Seasonal Workers Eligible for Workers’ Compensation Benefits in California?
- Can I Start a New Job While Receiving California Workers’ Compensation Benefits?
- What Can I Do if My California Workers’ Compensation Benefits Are Reduced or Terminated?