Construction Accident Attorney in California

Two Legal Paths After a California Jobsite Injury

Construction and industrial-site accidents can create two distinct legal paths: a workers’ compensation claim and, when another party contributed to the injury, a personal injury claim.

Alvandi Law Group, P.C. represents injured construction workers in both types of matters. The firm examines California construction safety laws, Cal/OSHA regulations, and the conduct of subcontractors, equipment manufacturers, and other potentially responsible parties.

Our construction accident lawyer in California can identify which claims may apply without assuming that every workplace injury supports a lawsuit. The answer depends on how the accident occurred, who controlled the work, what equipment was involved, and what the available evidence shows.

California Construction Accident Reporting and Filing Deadlines

Injured workers generally need to notify their employer within 30 days of a construction accident. Prompt reporting and preservation of accident-related information can help establish what happened, identify the parties involved, and determine which deadlines govern the available claims.

A California workers’ compensation claim generally must be filed within one year of the injury, the end of disability payments, or the last furnishing of medical benefits. The applicable starting point depends on the circumstances. Personal injury claims arising from construction accidents typically have a two-year filing period, although particular facts can shorten or change that timeline.

When a public entity may be responsible, the injured person generally must submit a government claim within six months before proceeding with a lawsuit. Because these deadlines aren’t interchangeable, an early assessment can distinguish the workers’ compensation process from a separate civil claim.

Workers’ Compensation Benefits After a Construction Injury

Workers’ compensation is generally the remedy against an injured worker’s own employer for the same workplace injury. Depending on the claim, available benefits may include:

• Medical treatment
• Temporary or permanent disability payments
• Mileage reimbursement
• Supplemental job displacement vouchers
• Death benefits for qualifying dependents

Workers’ compensation doesn’t provide damages for pain and suffering.

Alvandi Law Group, P.C. handles these claims for injured construction workers, including initial filing, medical-record collection, and required paperwork. Disputes within this system are heard by the Workers’ Compensation Appeals Board, the state body responsible for deciding workers’ compensation cases.

Claims Against Parties Other Than the Employer

A nonemployer may face a separate claim when its conduct or defective product contributed to a jobsite injury. Potentially responsible parties include subcontractors and equipment manufacturers. The firm evaluates these claims independently from workers’ compensation rather than presuming that both paths apply.

A supported civil claim can seek damages that workers’ compensation doesn’t cover. Comparative negligence assigns each party a percentage of fault and may affect the amount recoverable. These lawsuits are generally filed in the Superior Court for the county where the injury occurred.

Factors that may determine the available legal paths include:

• Who employed the injured worker and which companies controlled the worksite
• Whether another contractor’s conduct contributed to the accident
• Whether defective machinery, tools, or safety equipment played a role
• What site records, witness accounts, photographs, and medical evidence establish

Cal/OSHA Rules and Construction Site Liability

The firm considers Cal/OSHA regulations and state construction safety laws when evaluating responsibility for jobsite injuries. As of July 1, 2025, California lowered the fall-protection trigger from 15 feet to 6 feet for residential construction framing and residential-type roofing. A violation may be relevant to an investigation, but it doesn’t automatically establish civil liability.

Claims involving property owners and general contractors can also be affected by the Privette doctrine. This rule generally protects a party that hires an independent contractor from liability for injuries to the contractor’s employees, subject to recognized exceptions.

• Retained control under the Hooker exception. This exception can apply when a hirer retained control over workplace safety and exercised that control in a way that affirmatively contributed to the injury. General authority over a project doesn’t necessarily satisfy this standard.
• Concealed hazards under the Kinsman exception. This exception concerns a concealed hazardous condition on the property that the hirer knew or should have known about and that the contractor didn’t know about. Whether either exception applies requires close attention to site control, communications, contracts, and the facts surrounding the accident.