What to Do After a Construction Injury in California
A construction injury is overwhelming, and you may be told workers' comp is your only option. Often it is not. Here is a clear order of operations that protects every option.
Get medical care and report it
Take care of the injury first and keep the records. If you are a worker, report the injury to your employer as required for a workers' comp claim — but know that comp may not be your only option.
Note every company on the site
Write down the general contractor, subcontractors, and equipment companies, and who was doing what. A third party — a company other than your employer — may be responsible for your full damages.
Photograph the hazard and equipment
If you can, photograph the hazard, the equipment involved, and the scene before anything is cleaned up. If a machine or tool failed, it should be preserved as evidence of a defect.
Do not rely on comp alone
Workers' comp does not cover pain and suffering or your full losses. A third-party claim against a negligent non-employer can, and it can be pursued alongside comp.
Get advice early
A lawyer can identify a third party at fault, coordinate with any comp claim, and preserve the site records and equipment before they are lost. A free review can explain your options.
Frequently asked questions
My employer said to just file workers’ comp. Is that all I can do?
Not necessarily. Comp is against your employer and is limited. If a different company caused the hazard, a third-party claim may be available — and it can seek full damages, including pain and suffering, that comp does not.
This article is general information about California injury law, not legal advice. Every case is different — talk to a lawyer about your situation.
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