Bianca Babaians
Construction sites are among the most dangerous workplaces in California. When an injury happens, most workers automatically think of workers’ compensation, but that is rarely the whole picture. If a party other than your direct employer contributed to your accident, you may have a separate, more powerful legal route: a third-party personal injury claim.
At Babaians Law Firm, our Los Angeles construction accident lawyer team represents injured workers and bystanders across the city who have been hurt because of negligent general contractors, subcontractors, property owners, and equipment manufacturers. Here is what you need to understand before accepting any settlement.
Workers’ compensation in California is a no-fault system. Your employer’s insurer pays for medical treatment and a portion of lost wages, but the tradeoff is that you generally cannot sue your employer for pain and suffering. The moment a party other than your employer contributes to your injury, however, that tradeoff disappears for that party.
A third-party claim is a civil personal injury lawsuit against any non-employer entity whose negligence, recklessness, or product defect caused or worsened your injuries. You can pursue workers’ comp and a third-party claim at the same time.
If you are unsure which type of claim applies to your situation, review our Personal Injury Practice Areas page for a full breakdown of case types we handle.
Los Angeles construction projects typically involve a web of parties. Any of them can become a third-party defendant:
California’s comparative fault rules mean that multiple parties can share liability. A skilled Los Angeles construction accident lawyer at Babaians Law Firm identifies every viable defendant to maximize your recovery.
Based on California Department of Industrial Relations data, the most frequent causes of serious construction injury include:
For more on what evidence supports these claims, read Proving Negligence in California Accident Cases: What Evidence Really Matters.
This is the critical distinction. Workers’ compensation in California covers:
A successful third-party personal injury claim can recover everything workers’ comp does not:
In many serious construction cases, the third-party claim produces a recovery three to five times larger than the workers’ comp benefit alone.
When you pursue a third-party claim while receiving workers’ comp benefits, California Labor Code Section 3856 gives your employer’s insurer a lien on your third-party recovery. An experienced construction accident lawyer in Los Angeles negotiates that lien to ensure you retain the maximum net recovery. This is a technical but critical step that attorneys unfamiliar with California construction injury law can easily mishandle.
You do not need to be an employee to have a claim. Pedestrians, nearby residents, and people passing a Los Angeles construction site can also be injured by falling debris, crane failures, or negligent truck drivers entering or exiting the site. Their avenue is a direct negligence claim against the responsible contractor or property owner. They are not subject to the workers’ comp bar at all.
Under California Code of Civil Procedure Section 335.1, you generally have two years from the date of injury to file a personal injury claim. Claims against a public entity, such as a city, transit authority, or Caltrans, require a government tort claim filed within six months of the injury. Missing these deadlines eliminates your right to recover, regardless of how strong your case is.
If your construction site injury involved a government-owned project such as a Metro expansion, a city street repaving, or a public school build, contact a Los Angeles construction accident lawyer at Babaians Law Firm immediately. The six-month deadline for government claims moves faster than most injured workers realize.
For a complete breakdown of California’s personal injury deadlines, see our California Personal Injury Statute of Limitations Guide.
Evidence on active construction sites disappears fast:
Babaians Law Firm moves quickly to send legal preservation letters, also called litigation holds, to general contractors, subcontractors, and property owners, demanding they retain evidence the moment we are retained. We also conduct early independent investigations, photographing conditions, obtaining OSHA inspection reports, and preserving equipment for inspection by engineering experts.
Active construction sites are rebuilt, cleaned, and altered within days of an incident. Scaffolding is dismantled. Equipment is returned or repaired. Surveillance footage is overwritten. Cal/OSHA inspection records cycle out. Your attorney must send a formal litigation hold letter to the general contractor, subcontractors, property owner, and their insurers within the first week of being retained. That letter makes evidence destruction legally impermissible. This is not a formality. It is the single most time-sensitive action in your entire construction accident case.
General contractors and their insurers send their own investigators to construction sites immediately after a serious incident. They are documenting conditions in their favor right now. You deserve the same urgency on your side. Our Los Angeles personal injury lawyer at Babaians Law Firm will begin preserving evidence immediately, identify every liable third party, and pursue the maximum compensation available under California law. No upfront cost. No fee unless we win. Contact us today to schedule your free consultation.
Yes. You can receive workers’ comp benefits while simultaneously pursuing a third-party lawsuit. The two claims are parallel, not mutually exclusive. Your employer’s insurer will have a lien on your third-party recovery, which your construction accident lawyer in Los Angeles negotiates.
Independent contractors are generally not covered by workers’ compensation, but you are fully entitled to bring a direct negligence lawsuit against any party responsible for your injury. The third-party framework is the primary route for most independent contractors on LA construction sites.
California is a pure comparative fault state. Under Civil Code Section 1714, your recovery is reduced by your percentage of fault, but not eliminated. Even if you are found 40% at fault, you still recover 60% of your damages.
Straightforward third-party claims with clear liability can settle within 12 to 18 months. Complex cases involving multiple defendants, serious injuries, or disputed facts often take two to three years.
No. Our Los Angeles construction accident lawyer team works on a contingency fee basis. You pay nothing unless we win.
We take on fewer cases to give every client the focus they deserve. Unlike high-volume firms where cases get lost in the shuffle, we prioritize quality over quantity, delivering the attention and results your case deserves. Experience the difference with our dedicated team.
Great female led personal injury firm with good results and settlements. I highly recommend this law firm for personal injury related matters in Los Angeles and California in general.