Construction sites are some of the most hazardous places in California. Workers and bystanders alike face risks from heavy machinery, uneven terrain, falling objects, and exposed utilities. If you’ve been injured at or near a construction site, understanding who can be held responsible for your injuries is essential for seeking the compensation you deserve.
Can You Sue Your Employer After a Construction Site Injury?
While minor cuts and bruises are common on construction sites, serious accidents can leave you unable to work for weeks or even months. If you were injured on the job, you may wonder whether you can sue your employer.
In most cases, California law limits employees to filing a workers’ compensation claim rather than suing their employer directly. Workers’ compensation provides no-fault benefits to cover medical bills and lost wages, but it may not cover the full extent of your losses. However, in certain circumstances such as when an employer acted recklessly or knowingly exposed you to danger you may be able to pursue a lawsuit.
Even if your employer cannot be sued, you may still have a case against other parties whose negligence contributed to your accident.
Premises Liability for Construction Site Accidents
Property owners have a duty to keep their premises reasonably safe, even when construction is underway. If they fail to do so, they may face liability under premises liability law.
Common examples of property-related construction site hazards include:
- Missing or broken guardrails
- Open holes or unmarked trenches
- Loose or uneven steps
- Falling construction materials
- Lack of warning signs around dangerous areas
If a property owner fails to properly secure a site, both workers and bystanders may suffer injuries that could have been prevented.
Product Liability for Defective Construction Equipment
Not all construction accidents are caused by unsafe property conditions. In some cases, the equipment itself is to blame. If a malfunctioning tool, crane, ladder, or other piece of equipment causes an accident, the manufacturer may be held liable under product liability law.
These claims can cover damages such as:
- Medical expenses
- Lost income from time away from work
- Pain and suffering
- Disfigurement or permanent disability
Holding manufacturers accountable not only helps victims recover but also encourages safer practices within the construction industry.
Bystander Injuries at Construction Sites
You don’t need to be a construction worker to be harmed at a construction site. Bystanders and passersby are often injured when workers create unsafe conditions or fail to secure building materials.
In these cases, liability may extend to:
- The construction company
- General contractors
- Subcontractors
- Property owners
Common legal theories for bystander injury claims include:
- Premises liability for unsafe conditions
- Negligent supervision or management of the site
- Failure to implement safety protocols or provide adequate equipment
- Negligent hiring or retention of workers with poor safety records
Attractive Nuisance: Protecting Children Near Construction Sites
Children are especially vulnerable to construction site injuries. Heavy machinery, open pits, and stacks of materials can easily draw a child’s curiosity. Under the legal doctrine of attractive nuisance, property owners and contractors may be held liable if they fail to take reasonable steps to secure a site and prevent children from entering dangerous areas.
If a child is injured or tragically killed because of unsafe conditions, the family may have grounds for a wrongful death or personal injury claim.
How Hillstone Law Can Help
Construction site accidents can result in catastrophic injuries, significant medical bills, and lost wages. At Hillstone Law, we thoroughly investigate every detail of your case, identify all liable parties, and fight to secure maximum compensation for your injuries and losses.
Whether you are a worker injured on the job, a bystander harmed near a site, or a parent of a child injured due to unsafe conditions, our attorneys are here to protect your rights.
Note: These blog posts are created solely for the use of Hillstone Law. The information is gathered from internet research, various public sources, and artificial intelligence (AI) tools such as ChatGPT. While we aim to share helpful and educational content, we do not independently verify every detail, and some information may be outdated or subject to change. If you believe that any part of a post is inaccurate or subject to copyright, please contact Hillstone Law right away so we can review it and make any necessary corrections or remove the post. You may also submit a request for correction or takedown HERE.
Disclaimer: The material provided in these blogs is for general informational purposes only and should not be considered legal advice. Our intent is to share knowledge, raise awareness, and provide helpful resources to the public. The photos used in these posts are for illustrative purposes only and are not representative of any actual incident or individuals. If you or a loved one has been injured in an accident, please contact Hillstone Law at (855) 691-1691. Our attorneys are available to answer your legal questions and help you understand your rights.