Injured on the Job? Do This First

Practice Areas  /  Construction Injury

Construction Injury

Arns Davis is the preeminent law firm in the United States representing construction workers injured or killed on the job.

Free Consultation — Call (415) 495-7800

Construction sites are among the most dangerous work environments in California. Falls from heights, scaffolding collapses, crane accidents, equipment malfunctions, electrocution, trench cave-ins, burns, struck-by incidents, and exposure to hazardous materials — our attorneys have handled cases involving virtually every type of construction accident, for members of virtually every trade.

If you've been injured on a construction site, you likely have a workers' compensation claim. But you may also have a civil claim against a third party — a negligent general contractor, a subcontractor who cut corners, a property owner who ignored hazards, or an equipment manufacturer whose product was defective. These civil claims can recover damages that workers' comp doesn't cover, including pain and suffering, full lost earnings, and in cases of egregious negligence, punitive damages.

We also handle cases involving unlicensed contractors, where Labor Code Section 3708 strips away the employer's normal immunity from civil suit — giving you the right to sue for full damages. Our firm investigates OSHA violations, reviews safety protocols, analyzes site conditions, and identifies every liable party. We work with construction safety experts, engineers, and medical professionals to build cases that maximize your recovery.

California law provides strong protections for construction workers. Whether you're a union member, a day laborer, an independent contractor, or an undocumented worker, you have legal rights. Immigration status does not affect your ability to pursue compensation for workplace injuries. We've helped make law in both the appellate courts and the legislature that has materially expanded workers' rights — and we bring that depth of experience to every case we handle.

$45M Confidential pre-trial settlement
$27M Union worker catastrophically injured on the job
$15M Union pipefitter killed on the job
$13M Family of workers injured and killed in catastrophic explosion
$12.75M Family of union ironworker killed by dropped equipment
$10M Operating engineer injured after falling on the job
$10M Catastrophic vehicle collision
$9M Union laborer injured on the jobsite
$7M Catastrophic injury and death from head-on vehicle collision

*Past results do not guarantee future outcomes.

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Generally, no — California's workers' compensation system is the exclusive remedy against your employer. However, if your employer was unlicensed at the time of your injury, Labor Code Section 3708 removes that immunity and allows you to file a civil lawsuit for full damages. More commonly, you can sue third parties — general contractors, subcontractors, property owners, or equipment manufacturers — whose negligence contributed to your injury.

California uses a comparative fault system. Even if you were partially at fault, you can still recover damages — your award is simply reduced by your percentage of fault. In workers' comp, fault doesn't matter at all; you receive benefits regardless of who caused the injury.

Yes. California law protects all workers regardless of immigration status. You are entitled to workers' compensation benefits and have the right to file civil claims against negligent third parties. Your immigration status cannot legally be used against you in a workers' comp proceeding.

A civil lawsuit against a negligent third party can recover damages that workers' comp doesn't cover: pain and suffering, emotional distress, full lost earning capacity (not just temporary disability), loss of enjoyment of life, and in cases of egregious negligence, punitive damages. These amounts can be substantial — our construction injury results range from $9 million to $27 million.

As soon as possible. Evidence on construction sites disappears quickly — conditions change, equipment gets moved, witnesses leave the job. Early retention means we can conduct an independent investigation, preserve documents and photographs, interview witnesses, and identify all liable parties while the evidence is fresh.