Construction sites are among the most dangerous places to work or visit. With heavy machinery, exposed utility lines, unstable ground, and constant activity, both workers and bystanders face serious risks of injury. When an accident occurs, knowing who may be held liable is critical to recovering compensation for your medical bills, lost wages, and other damages. At Hillstone Law, our California personal injury attorneys are here to help you understand your rights and pursue justice.
Can You Sue Your Employer After a Construction Accident?
Minor cuts and bruises may be common on construction sites, but a serious accident can leave you unable to work for weeks, months, or even permanently. Many injured construction workers wonder if they can sue their employer.
In most cases, workers’ compensation laws prevent employees from directly suing their employers. Instead, you would file a workers’ compensation claim, which provides benefits without requiring proof of negligence. However, there are exceptions. You may be able to file a lawsuit against your employer if:
- Your employer intentionally caused your injuries
- The employer’s actions were reckless or knowingly unsafe
- Workers’ compensation benefits do not fully cover your losses and another party shares liability
Even if you cannot sue your employer directly, you may still have claims against third parties such as equipment manufacturers, subcontractors, or property owners.
Premises Liability for Construction Site Injuries
Construction sites are often located on private property, and property owners have a legal duty to keep the premises reasonably safe. Hazards such as broken steps, unsecured openings, or falling debris can give rise to premises liability claims if proper precautions are not taken.
Common premises-related hazards include:
- Missing or defective guardrails
- Uncovered holes in the ground
- Falling tools, bricks, or other materials
- Inadequate warning signs around dangerous areas
- Poorly maintained walkways or staircases
If a property owner fails to secure the site or warn about dangerous conditions, they may be held liable for injuries to workers, bystanders, or visitors.
Product Liability for Defective Construction Equipment
When construction equipment malfunctions, the results can be devastating. From cranes and forklifts to power tools and scaffolding, defective equipment can cause catastrophic injuries or even fatalities.
In these cases, victims may pursue a product liability claim against the manufacturer or distributor of the defective equipment. Compensation may cover:
- Medical expenses
- Lost wages and loss of future earnings
- Disfigurement or permanent disability
- Pain and suffering
Product liability claims often require expert testimony to prove that the equipment was defective and that the defect directly caused the injury.
Injuries to Bystanders at Construction Sites
You don’t have to be a worker to be injured at a construction site. Bystanders and passersby are often hurt due to falling debris, unsafe walkways, or careless work practices.
Potentially liable parties may include:
- The construction company
- The general contractor
- Subcontractors
- The property owner
Claims may be based on negligent supervision, failure to enforce safety protocols, or hiring unqualified workers with poor safety histories.
Construction Sites and the Attractive Nuisance Doctrine
While adults usually recognize the dangers of construction sites, children may be drawn to the equipment, open pits, and building materials left unattended. Under California’s attractive nuisance doctrine, property owners and construction companies can be held liable if a child is injured because they failed to secure the area or remove hazards.
In these tragic cases, families may seek compensation for medical expenses, emotional distress, and wrongful death damages.
How Hillstone Law Can Help After a Construction Site Accident
Construction accident cases can involve multiple liable parties and complex laws. At Hillstone Law, our attorneys have extensive experience handling these claims and will:
- Investigate the cause of your accident
- Determine all responsible parties
- Work with experts to establish negligence or liability
- Handle workers’ compensation and third-party claims simultaneously
- Negotiate with insurers for maximum compensation
- Take your case to trial if a fair settlement is not offered
Whether you are a construction worker injured on the job or a bystander harmed near a construction site, our team will fight to ensure you receive the justice and compensation you deserve.
If you or a loved one has been injured in a California construction site accident, contact Hillstone Law today for a free consultation. Our dedicated attorneys will review your case, explain your options, and help you move forward with confidence.
