Los Angeles Construction Accident Lawyer

Construction Accident Lawyer Los Angeles, CA

Los Angeles is always under construction. High-rises downtown. Metro extensions. Housing developments across the county. Highway projects. Commercial buildings. Residential renovations. The construction never stops—and neither do the injuries.

If you’re hurt on a job site, workers’ compensation covers your medical bills and partial wages. But workers’ comp has limits. No pain and suffering. Capped disability benefits. Often not enough to cover what you’ve actually lost.

What most injured workers don’t know: if someone other than your direct employer caused your injury, you can file a third-party lawsuit on top of workers’ comp. A negligent general contractor. A defective piece of equipment. A property owner who ignored safety hazards. These claims can be worth significantly more than workers’ comp alone.

Cohen Injury Law Group represents construction workers injured throughout Los Angeles County. As a Los Angeles personal injury law firm with decades of experience, we identify third-party claims that workers’ comp attorneys miss. Wayne R. Cohen has tried cases for more than three decades. He understands construction site liability and fights for injured workers who deserve more than the system automatically provides.

We work on contingency. You pay nothing unless we recover compensation beyond your workers’ comp benefits. If you need a Los Angeles construction accident lawyer, call us for a free consultation.

Workers’ Compensation Vs. Third-Party Claims

Workers’ compensation is a trade-off. You receive guaranteed benefits without proving fault. Your employer receives immunity from lawsuits. For minor injuries, the trade-off may be acceptable.

For serious injuries, workers’ comp falls short:

• No pain and suffering. You receive medical treatment and partial wage replacement. Nothing for the agony of recovery, the fear, the disruption to your life and family.
• Wage replacement caps. Temporary disability pays approximately two-thirds of your wages, up to a maximum that falls well below what many skilled tradespeople earn.
• Limited permanent disability. Even career-ending injuries are reduced to a percentage rating that often undervalues what you’ve lost.
• No punitive damages. A company that deliberately ignored safety rules faces no additional financial penalty through workers’ comp.

Third-party claims change the equation. If someone other than your direct employer contributed to your injury, you can sue them in civil court. Full damages become available—complete medical expenses, lost wages without caps, pain and suffering, and potentially punitive damages.

A construction accident lawyer identifies these third-party opportunities. In Los Angeles’s complex construction environment, they exist more often than workers realize.

The OSHA Fatal Four On Los Angeles Construction Sites

The Occupational Safety and Health Administration tracks what kills construction workers. Four hazards—the “Fatal Four”—account for more than half of all construction deaths. OSHA’s data shows:

• Falls (38.7%). Falls from scaffolds, roofs, ladders, and other elevations. The leading cause of construction death year after year.
• Struck-by incidents (9.4%). Workers hit by falling tools, materials, or equipment. Crane loads, unsecured materials, debris from above.
• Electrocution (7.5%). Contact with overhead power lines, live electrical systems, defective equipment. Often fatal.
• Caught-in/between (5.4%). Workers crushed by equipment, caught in machinery, trapped in trench collapses or structural failures.

California’s Cal/OSHA enforces workplace safety standards that often exceed federal requirements. Violations of Cal/OSHA regulations create strong evidence of negligence in third-party claims.

Types Of Construction Accidents In Los Angeles

LA’s construction landscape creates diverse hazards. A Los Angeles construction accident attorney handles claims involving:

• Scaffold collapses and falls. Improperly erected scaffolds, defective components, missing guardrails, inadequate planking. Scaffold accidents often involve third-party liability—the company that erected the scaffold or the manufacturer of defective parts.
• Falls from roofs and elevated surfaces. Roofers, HVAC installers, solar panel workers, ironworkers. Inadequate fall protection systems create liability beyond your employer.
• Ladder accidents. Defective ladders, improper setup, unstable placement, exceeding weight limits. Ladder manufacturers and equipment suppliers may be liable.
• Crane accidents. Crane collapses, dropped loads, workers struck by swinging booms, rigging failures. Crane operators, rigging companies, and crane manufacturers present potential third-party claims.
• Trench collapses. Unshored trenches cave in and bury workers. Cal/OSHA trench safety requirements are strict. Violations by general contractors or excavation subcontractors support third-party claims.
• Electrocutions. Contact with overhead power lines, live electrical systems, defective tools and equipment. Utility companies, electrical subcontractors, and equipment manufacturers may be liable.
• Struck-by accidents. Falling tools and materials, swinging loads, moving equipment. The party responsible for securing the area may not be your employer.
• Equipment malfunctions. Power tools, nail guns, saws, compressors, heavy equipment. Defective equipment creates product liability claims against manufacturers.
• Vehicle accidents on job sites. Dump trucks, concrete mixers, forklifts, delivery vehicles. Drivers employed by other companies create third-party claims.
• Toxic exposures. Silica dust, asbestos, lead paint, chemical fumes. Property owners who failed to disclose hazards or companies that mishandled hazardous materials may be liable.
• Elevator shaft falls. Unguarded openings, defective hoistways, inadequate barriers. High-rise construction in LA creates significant elevator shaft hazards.
• Structural collapses. Buildings or portions under construction that fail. Design defects, construction errors, material failures.

Who Can Be Held Liable Beyond Your Employer?

Construction sites involve overlapping responsibilities. A construction accident lawyer in Los Angeles investigates all potential defendants:

General contractors. Even if you work for a subcontractor, the general contractor typically has overall site safety responsibility. Under California Labor Code Section 6400, employers must provide safe workplaces. GCs who fail to maintain site-wide safety may be liable to injured subcontractor employees.

Other subcontractors. Subs working on the same site whose negligence caused your injury. Their liability insurance covers your claim—not your employer’s workers’ comp.

Property owners. Owners who knew about hazards and failed to warn, or who retained control over safety conditions. California Civil Code Section 1714 imposes a general duty of care.

Equipment manufacturers. Defective scaffolds, ladders, power tools, safety equipment. Product liability claims target manufacturers regardless of fault—strict liability applies to defective products.

Equipment rental companies. Companies that rent defective equipment or fail to maintain it properly.

Architects and engineers. Design defects that create unsafe conditions during construction.

Utility companies. Failure to properly mark underground utilities or de-energize overhead power lines.

Safety consultants. Third-party safety companies that negligently performed their duties.

Government entities. On public works projects, government agencies may share liability. Claims require filing under the California Government Claims Act within six months.

The key principle: identify which parties aren’t your direct employer. Those are your third-party defendants.

Los Angeles Construction: The Scale Of The Industry

Los Angeles County’s construction industry is massive, creating both economic opportunity and injury risk:

Major ongoing projects:

• LA Metro rail expansions—Purple Line Extension, Crenshaw Line, Regional Connector
• SoFi Stadium area development in Inglewood
• Downtown LA high-rise construction
• LAX modernization and people mover
• Affordable housing construction throughout the county
• Highway and infrastructure projects

Industry scope:

• Hundreds of thousands of construction workers in LA County
• Thousands of active construction sites at any time
• Multiple trades working simultaneously on large projects
• Constant pressure to meet deadlines

This scale means accidents happen daily. Workers fall from scaffolds in DTLA. Electricians are shocked on Westside renovations. Laborers are struck by equipment on Valley jobsites. Each injury may involve third-party liability.

Construction Accident Injuries

Construction accidents cause severe injuries. The forces involved—gravity, heavy equipment, electricity—produce devastating outcomes:

• Traumatic brain injuries. Falls, struck-by accidents, and equipment impacts cause TBIs ranging from concussions to permanent cognitive impairment. Hard hats reduce but don’t prevent all brain injuries.
• Spinal cord injuries. Falls and crush accidents damage spines. Herniated discs, fractured vertebrae, paralysis. Many construction workers never return to physical labor.
• Amputations. Power tools, heavy equipment, crush injuries. Construction sites see more amputations than most industries.
• Broken bones. Multiple fractures are common in construction falls and struck-by accidents. Complex fractures require surgery and may never heal properly.
• Burns. Electrical burns, chemical burns, welding flash, fires and explosions. Severe burns require extensive treatment and leave permanent scarring.
• Electrocution injuries. Electrical contact causes burns, cardiac arrest, neurological damage. Survivors often have lasting nerve damage and cardiac issues.
• Crush injuries. Heavy equipment, collapsing materials, trench cave-ins. Crush injuries damage tissue, blood vessels, and organs.
• Eye injuries and blindness. Flying debris, chemical splashes, welding flash, penetrating objects. Construction causes significant vision loss.
• Hearing loss. Chronic exposure to loud equipment. Acute trauma from explosions.
• Respiratory conditions. Silica, asbestos, chemical fumes. Occupational lung diseases that may not manifest for years.

What To Do After A Construction Accident In Los Angeles

Protecting your rights requires immediate action:

At The Scene

1. Get medical attention. Don’t minimize injuries to stay on the job. Construction injuries often worsen. Internal bleeding, spinal damage, and brain injuries may not show symptoms immediately.
2. Report the injury to your supervisor. California law requires reporting workplace injuries. Document the report—who you told, when, and what you said.
3. Identify witnesses. Names and employers. Co-workers, other trade workers, supervisors from different companies.
4. Document the scene. Photograph hazards, equipment positions, safety violations, and your injuries. Note what companies and workers were present.
5. Preserve evidence. Don’t let equipment get “fixed” or conditions get “corrected” before they’re documented. Request that defective equipment be preserved.

After The Scene

1. File a workers’ comp claim with your employer. This protects your immediate benefits.
2. Don’t sign anything beyond basic workers’ comp forms. Employers and insurers may present releases that affect third-party claims.
3. Get your own medical evaluation. Workers’ comp doctors work within the system. See your own physician for an independent assessment.
4. Contact a construction accident lawyer. Workers’ comp attorneys often miss third-party claims because they don’t handle personal injury litigation. You need an attorney who evaluates both angles.
5. Document your recovery. Keep records of treatments, limitations, and how the injury affects your daily life. This matters for pain and suffering in third-party claims.

Damages Available In Construction Accident Cases

Workers’ compensation provides:

• Medical treatment for the work injury
• Temporary disability (approximately 2/3 of wages, capped)
• Permanent disability rating (often inadequate for serious injuries)
• Supplemental job displacement benefits
• Death benefits for families

Third-party claims add:

• Full lost wages without caps
• Future earning capacity losses
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Complete compensation for disfigurement and disability
• Punitive damages in egregious cases

The California Civil Jury Instructions guide how juries value third-party personal injury damages—far more generous than workers’ comp formulas.

The difference can be enormous. A worker who loses a hand might receive a $100,000 workers’ comp settlement. A third-party lawsuit against the equipment manufacturer could yield $1 million or more.

Frequently Asked Questions About Los Angeles Construction Accident Claims

Can I Sue If I’m Already Receiving Workers’ Comp?

Yes. Workers’ comp and third-party lawsuits serve different purposes. Workers’ comp covers injuries caused by your employment. Third-party lawsuits target parties other than your direct employer who contributed to your injury. You can pursue both simultaneously.

Who Qualifies As A “Third Party”?

Anyone other than your direct employer. General contractors (if you work for a sub), other subcontractors on the site, property owners, equipment manufacturers, rental companies, utility companies, safety consultants. The specific parties depend on who created the hazard that injured you.

Will Filing A Lawsuit Affect My Workers’ Comp Benefits?

No. Your workers’ comp benefits continue regardless of any third-party lawsuit. However, if you recover from a third party, your workers’ comp carrier has a lien—they’re entitled to reimbursement for benefits they paid. A construction accident attorney negotiates these liens down to maximize your net recovery.

What If My Employer Was The Only Party Responsible?

Then workers’ comp may be your only remedy against the employer specifically. But a construction accident lawyer investigates deeper. Was equipment defective? Did a property owner create hazards? Was there a general contractor with site safety responsibilities? Third parties often exist even when they’re not immediately obvious.

What If I Was Partially At Fault?

California’s comparative negligence system allows recovery even if you share fault. Your compensation is reduced by your percentage of responsibility, but not eliminated. Insurance companies often blame injured workers for not following safety rules—a construction accident attorney counters these defenses.

How Long Do I Have To File A Third-party Lawsuit?

Two years from the accident under California Code of Civil Procedure Section 335.1. Claims against government entities require administrative claims within six months. Don’t wait—evidence disappears and witnesses scatter when projects end.

What If My Employer Pressures Me Not To Pursue A Third-party Claim?

Employers cannot legally retaliate against you for filing third-party claims. The lawsuit isn’t against them. If you experience retaliation, that’s a separate legal violation. Your Los Angeles accident attorney protects your rights.

What Evidence Matters In Construction Accident Cases?

OSHA and Cal/OSHA reports, safety inspection records, equipment maintenance logs, accident reports, witness statements, photographs of the scene, employment records showing which company employed which workers. A construction accident lawyer obtains this through investigation and legal discovery.

Can I Sue The Property Owner?

Potentially. Property owners who retained control over safety conditions or knew about hazards can be liable. The analysis depends on what the owner knew and what control they exercised.

What About OSHA Or Cal/OSHA Violations?

Violations are strong evidence of negligence. If a third party violated safety regulations and that violation caused your injury, it helps prove your case. The Cal/OSHA citation database shows company safety histories.

Do I Need A Different Attorney Than My Workers’ Comp Lawyer?

Often yes. Many workers’ comp attorneys don’t handle personal injury litigation. They’ll process your comp claim but may miss the third-party case entirely. You need a construction accident attorney who evaluates both.

How Much Is My Construction Accident Case Worth?

Depends on injury severity, liable parties, their insurance coverage, and available evidence. Workers’ comp alone might provide $50,000-$200,000 for serious injuries. Third-party claims for the same injuries can reach into the millions. We assess value after reviewing specifics.

What If I’m Undocumented?

Immigration status doesn’t affect your right to workers’ comp or third-party claims. California law protects injured workers regardless of documentation. Employers cannot use immigration status to avoid liability.

How Long Will My Case Take?

Workers’ comp claims often resolve in months. Third-party lawsuits take longer—typically one to three years depending on complexity, number of defendants, and whether the case settles or goes to trial. We don’t rush settlements that undervalue your claim.

What If The Equipment Manufacturer Is Out Of Business?

Product liability claims can sometimes reach successor companies, insurance policies that remain in force, or other entities in the distribution chain. These cases are complex but not necessarily impossible.

Construction Accident Statistics

Construction remains one of the most dangerous industries:

From OSHA:

• Construction accounts for 21% of all workplace fatalities nationally
• One in five worker deaths is a construction worker
• The Fatal Four cause over 59% of construction deaths
• Falls alone cause over 38% of construction deaths

From the Bureau of Labor Statistics:

• 5,190 workers died from occupational injuries nationally in 2021
• Construction had the highest number of fatalities of any industry
• The fatal injury rate for construction significantly exceeds the national average

California data from Cal/OSHA:

• California sees hundreds of construction fatalities annually
• Falls remain the leading cause
• Cal/OSHA issues thousands of citations to construction employers each year
• Los Angeles County has the highest construction activity—and injury numbers—in the state

The California Courts Self-Help Guide provides information on filing personal injury claims.

Why Hire Cohen Injury Law Group For Your Los Angeles Construction Accident Case?

We look beyond workers’ comp. Many attorneys process comp claims and stop there. We investigate third-party liability because that’s where construction workers recover what they actually deserve.

We understand construction. Job sites, trades, contractor relationships, safety requirements, union issues. We know how LA construction works and where liability hides.

We handle complex multi-party cases. Construction accidents often involve general contractors, subcontractors, property owners, and manufacturers all pointing fingers at each other. We navigate this complexity.

Trial experience. Insurance companies know which construction accident attorneys actually litigate. Wayne R. Cohen has tried cases for over three decades. That affects settlement negotiations.

No fee unless we win. Contingency only. We advance all investigation and litigation costs.

What our clients say:

⭐⭐⭐⭐⭐ “Mr. Cohen was not only incredibly knowledgeable, but very personable. I was surprised at how he really listened and considered every aspect of my situation with understanding as if it were his own. He never made me feel like my questions were wasting his time, and I found this refreshing compared to other lawyers I reached out to. I never felt rushed. I highly recommend reaching out if you need your case handled with experience and understanding.”

Read more reviews on Google.

Schedule A Free Consultation With A Los Angeles Construction Accident Attorney

If you were injured on a construction site in Los Angeles County, we’ll evaluate your case for free. You pay nothing unless we recover compensation beyond your workers’ comp benefits.

We represent injured construction workers throughout Los Angeles—from Downtown high-rises to Valley developments, from Metro projects to Westside renovations.

Workers’ comp may not be your only option. Contact our Los Angeles construction accident lawyers today for a free consultation to find out what your case is really worth.