A construction site injury does not always mean that a workers’ compensation claim is the only option. California’s workers’ compensation “exclusive remedy” rule generally prevents employees from suing their own employer for workplace injuries, subject to limited statutory exceptions. In some cases, a worker might have a legal claim against the general contractor if the injury occurred because the company failed to fix a safety hazard.
Every construction injury is different, so the facts related to the accident are important. The legal process often depends on who was responsible for creating or failing to correct the hazard. The next step is to understand when another company may be responsible.
When a general contractor can be responsible
California construction projects often involve several contractors working on the same site. A general contractor is not automatically responsible when a subcontractor’s employee gets hurt. However, a claim may be possible if the general contractor’s own negligence contributed to the accident, such as by:
- Creating or directing an unsafe work condition
- Retaining control over safety conditions and negligently failing to exercise that control to prevent or correct a known hazard
- Failing to warn workers about a concealed danger on the jobsite
- Requiring work to continue despite unsafe conditions
These situations are different from ordinary workers’ compensation claims. That distinction is important.
How the legal process works
An injured worker might still receive workers’ compensation benefits from their employer, while a separate claim can be filed against a general contractor. Workers’ compensation can help cover medical care and partial wage replacement regardless of fault. A claim against a general contractor needs evidence that the contractor’s own negligence caused the injury. California courts evaluate the specific facts before deciding whether the contractor may be held liable. Workers’ compensation claims and third-party negligence claims are governed by different legal standards.
Why construction accidents can be more complex
Commercial and residential construction job sites include a mix of general contractors, subcontractors, suppliers and property owners working together. After a serious accident, determining who controlled the work, who was responsible for site safety and whether another party’s negligence contributed to the accident can affect whether a worker can have a separate third-party claim. Knowing how these rules apply can help an injured construction worker better understand their options after a workplace injury.