When a Jobsite Injury Opens the Door to Two Claims — and Bigger Recovery
Construction work is among the most dangerous occupations in California. Falls, collapsing scaffolds, electrical shocks, and heavy equipment accidents happen daily — often involving multiple employers, property owners, or subcontractors on the same site.
If you were hurt on a construction site, you may qualify for both a workers’ compensation claim and a personal injury (third-party) claim — two different paths to recovery that, when coordinated correctly, can dramatically increase your compensation.
At WIN Trial Lawyers and Employees First Labor Law (EFLL), our team works together to handle these complex dual cases — maximizing every possible dollar for injured workers statewide.
Workers’ Compensation: The First Step
When you’re injured on the job, California law generally requires your employer to provide workers’ compensation benefits, including:
- Medical care and rehabilitation
- Temporary and permanent disability benefits
- Partial wage replacement
- Job retraining (if you can’t return to your prior work)
Workers’ comp is a no-fault system — you don’t have to prove your employer was negligent to qualify.
But it’s also limited: there’s no compensation for pain and suffering, emotional distress, or full wage loss.
When a Third-Party Claim May Also Apply
A third-party claim (a personal injury lawsuit) may be available if someone other than your employer or a co-worker contributed to your injury through negligence.
Common examples on construction sites:
- A general contractor or subcontractor fails to maintain safe conditions
- A property owner or developer ignores safety hazards
- A manufacturer produces defective equipment (e.g., ladder, scaffolding, or power tool)
- A delivery driver or outside vendor causes an on-site vehicle collision
- An electrical contractor fails to properly mark or ground live wires
In these cases, you can collect workers’ comp and sue the negligent third party for full damages.
Example Scenarios
- Defective Scaffold Collapse
A subcontractor installs scaffolding improperly. You fall and suffer serious injuries.
→ Workers’ comp covers medical treatment and temporary disability.
→ A third-party lawsuit against the negligent subcontractor covers pain, suffering, and future wage loss. - Electrical Shock From Faulty Equipment
A power tool shorts out due to a design flaw.
→ Workers’ comp provides benefits.
→ Product liability claim against the tool manufacturer covers additional civil damages. - Hit by a Vendor’s Truck on Site
You’re struck by a third-party delivery driver on the jobsite.
→ Workers’ comp covers medical care.
→ Personal injury claim against the driver and company recovers general damages.
Why Filing Both Claims Matters
Filing both cases can dramatically increase your overall recovery.
Workers’ comp covers immediate medical and income needs.
The civil claim lets you recover for:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Full wage loss and future earning capacity
- Out-of-pocket expenses
- Punitive damages (in extreme negligence cases)
Together, they ensure you’re not limited to the basic comp benefits.
Coordinating the Two Claims
Handling both cases requires strategic coordination between your comp and civil teams.
At EFLL × WIN, we:
- Identify all potential third-party defendants early
- Protect your workers’ comp benefits while building the civil case
- Negotiate lien reductions so you keep more from your settlement
- Align timing and evidence across both claims for maximum leverage
Our unified approach ensures nothing slips through the cracks — and that every liable party is held accountable.
Deadlines Matter
- Workers’ Comp: Report the injury to your employer within 30 days and file within one year.
- Personal Injury: File within two years from the date of injury (or six months if a public entity is involved).
These timelines run separately, and missing one can destroy your right to recover.
Who We Represent
Our firms handle construction injury cases throughout California, including:
- Roofers, electricians, and carpenters
- Plumbers and HVAC technicians
- Concrete, steel, and framing workers
- Heavy equipment operators
- Day laborers and subcontractor crews
We’ve recovered millions for construction workers injured by negligent contractors, unsafe conditions, and defective equipment.
Call WIN Trial Lawyers × Employees First Labor Law
If you were hurt on a construction site, you may be entitled to far more than workers’ comp alone.
Our attorneys will evaluate your case, identify all responsible parties, and pursue every available claim.
📞 Free Consultation — No Fees Unless You Win
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