Construction accidents cause some of the most serious injuries in California — and most injured workers don't realize they have more than one legal option. Workers' comp covers your medical bills. A third-party lawsuit recovers everything workers' comp doesn't: your pain and suffering, your full lost wages, your future. We pursue both.
If you were injured on a construction site, you’ve probably been told to file a workers’ compensation claim. That’s the right first step. But it’s not the only step — and for most construction accident victims, it’s not where the real recovery comes from.
Workers’ compensation pays for medical treatment and a portion of your lost wages. It does not pay for your pain and suffering. It does not pay the full value of your lost earning capacity. It cannot compensate you for what this injury has taken from your life beyond the medical bills.
California law recognizes this. Under Labor Code §3852, injured workers have an express right to file a personal injury lawsuit against any third party — any person or entity other than their direct employer — whose negligence contributed to their injury. On a construction site, this includes the general contractor, other subcontractors on the job, the property owner, equipment manufacturers, and any other party whose failure to maintain a safe site caused your injury.
This third-party lawsuit proceeds simultaneously with your workers’ comp claim. Filing workers’ comp does not waive your right to sue. The two claims work in parallel. And the third-party lawsuit is where pain and suffering damages, full wage loss, and long-term compensation for your injury live.
Glendale’s construction sector is actively expanding. Multifamily density projects are underway along San Fernando Road, in the Tropico Transit-Oriented Development corridor, and throughout downtown Glendale. Major mixed-use and commercial developments continue near the Americana at Brand. With more active construction sites comes more risk — and more situations where the negligence of a general contractor, a subcontractor, or a property owner causes a preventable injury.
You generally have two years from the date of your injury to file a third-party personal injury lawsuit (CCP §335.1). If a government entity owns or manages the construction site, you may have as few as six months to file a government tort claim. Do not let these deadlines pass without speaking with an attorney
01
California law requires most employers to carry workers’ compensation insurance. If you’re an employee injured on the job, you have an automatic right to medical treatment and wage replacement — no fault required.
02
If any party other than your direct employer contributed to your injury — the general contractor, another subcontractor, the property owner, an equipment manufacturer — you have an independent right to file a civil lawsuit against that party.
This is entirely separate from workers’ comp and provides full compensatory damages including pain and suffering.
03
If you file a third-party lawsuit, your workers’ comp insurer has a lien on the recovery — they are entitled to be reimbursed for benefits paid.
An experienced attorney negotiates this lien down before settlement, protecting your net recovery.
04
When a contractor violates a specific Cal/OSHA safety regulation and that violation caused your injury, it can constitute negligence per se — the breach of duty is established by the violation itself, without needing to prove the standard of care separately.
This significantly strengthens your third-party claim.
2
years
CCP §335.1
6
months
Gov. Code §911.2
OSHA identifies the “Fatal Four” as the four leading causes of construction fatalities — falls, struck-by, electrocutions, and caught-in/between. Together they account for over 58% of all construction worker deaths annually. These are also the most common categories of serious non-fatal injuries that give rise to third-party claims.
The leading cause of construction fatalities nationally. Falls from scaffolding, ladders, rooftops, open floor edges, and elevated platforms cause fractures, spinal cord injuries, traumatic brain injuries, and death. Under Cal/OSHA and federal OSHA, fall protection is required at six feet of elevation — failure to provide it creates direct third-party liability for the general contractor and property owner.
Falling tools, unsecured materials, debris ejected by equipment, and swinging crane loads strike workers and bystanders with catastrophic force. These incidents frequently involve multiple parties: the GC who failed to enforce tool-tethering protocols, the subcontractor whose crew created the hazard, and sometimes the equipment manufacturer.
Contact with overhead power lines, exposed wiring, improperly grounded equipment, and energized machinery causes electrocution injuries that are among the most severe in personal injury law. A single contact with live current can cause cardiac arrest, severe burns, internal organ damage, and permanent neurological injury
Improperly erected, over-loaded, or inadequately braced scaffolding fails without warning. Trench and excavation collapses bury workers in seconds. These incidents almost always involve third-party liability — the party that erected the scaffold or approved the shoring plan bears responsibility beyond the injured worker's direct employer.
Workers crushed between heavy equipment and fixed structures, caught in unguarded machinery, or trapped by collapsing materials. These injuries frequently involve defective equipment (product liability) alongside third-party negligence by the party responsible for maintaining or operating the equipment.
When a piece of equipment fails due to a manufacturing defect, design flaw, or improper maintenance — and that failure causes injury — the manufacturer, distributor, or maintenance contractor may be independently liable regardless of any workplace safety violation. Product liability and construction accident law frequently overlap.
You don't have to be an employee to be injured by construction activity. Pedestrians struck by falling debris, delivery workers hurt in construction zones, neighboring business employees injured by work performed on an adjacent site — all may have valid premises liability and negligence claims against the property owner, the GC, and the contractor responsible for the hazard. Workers' compensation does not apply to bystanders; a full personal injury claim is available.
Understanding who is liable is the most complex part of construction accident law. Multiple parties can be responsible simultaneously — and identifying every liable party is critical to maximizing your recovery.
The GC has overall responsibility for site safety under California law. Under Cal/OSHA, the GC must maintain a safe worksite even when subcontractors are performing the work. Under the Hooker v. Department of Transportation retained-control doctrine, a GC that retains control over safety conditions at the site can be held directly liable for injuries caused by a subcontractor's unsafe work. This is the most commonly used and most powerful theory in construction third-party cases
The landowner who hired the GC to build on their property can also bear liability — particularly when they knew of a dangerous condition the contractor could not have reasonably discovered (Kinsman v. Unocal), or when the property owner provided unsafe equipment to the contractor (McKown v. Wal-Mart). In Glendale's active development environment, property owners of dense urban construction projects frequently retain enough control to be named as third-party defendants.
When a subcontractor on a different trade creates a hazard that injures a worker from another trade — a plumbing sub leaves an unmarked open trench, an electrical sub creates an exposed live wire — that sub bears third-party liability to the injured worker. The injured worker's employer cannot be sued in tort, but the other subcontractor can be.
When a ladder, scaffold, power tool, crane, or piece of heavy equipment fails due to a design or manufacturing defect, the manufacturer bears strict products liability for injuries caused by that failure. These claims exist independently of any workers' comp claim and independently of any workplace safety violation.
The third-party personal injury lawsuit gives construction accident victims access to damages that workers’ compensation entirely excludes.
| Court House Lawyers | Typical PI Firm | |
|---|---|---|
|
Case Review |
Same day, often within hours |
2–3 business days |
|
Attorney Access |
You speak directly with George on your case |
Routed through a case manager or paralegal |
|
Third-Party Investigation |
We identify every potentially liable party — GC, property owner, sub, manufacturer |
Many firms name only the most obvious party |
|
Workers’ Comp Lien |
We negotiate the lien down before settlement — maximizing your net recovery |
Many firms leave this to the workers’ comp attorney to sort out |
|
Cal/OSHA Evidence |
We pull the Cal/OSHA inspection records and any prior violations before filing |
Often overlooked until late in litigation |
|
Evidence Preservation |
Same-day site inspection requests, subpoenas for safety logs, Cal/OSHA records, and site video |
Often delayed — evidence is lost or altered |
|
Trial Readiness |
Every case prepared for trial; insurers know it |
Settlement-only firms get lower offers |
|
Fees |
No win, no fees. Period. |
Can say the same — but watch for costs deducted at settlement |
Managing Attorney
George Mkrtchyan is the Managing Attorney of Court House Lawyers, a Glendale-based personal injury firm. Over the past decade, George has recovered millions for clients in personal injury cases involving serious injuries — including accidents with multiple liable parties, insurance disputes, and cases where initial offers significantly undervalued the claim.
He is known for thorough case preparation, a willingness to take cases to trial when insurers underpay, and a client-first communication standard. In construction accident cases — where multiple parties, multiple insurers, and the workers’ comp lien all complicate the recovery — George’s direct involvement from day one ensures every claim layer is pursued.
“Insurance companies bank on fear and fatigue. They count on you accepting a fast, low offer because you’re tired and hurting. Our job is to make sure you don’t have to fight that fight alone”
— George Mkrtchyan, Managing Attorney
A 50-year-old woman in Glendale came to us after being injured in a school bus collision while waiting to pick up her grandchildren. The insurance company had offered $500 to close the file. We rebuilt the case from the medical records up. Final recovery: $50,000. This is the difference experienced representation makes.
Every construction accident case involves multiple parties and complex liability. These results from our practice show what thorough representation delivers.
Personal Injury · Car Accident
Client was initially assigned 85% fault in a left-turn collision. After George took over, the fault assignment was reversed to zero and the client recovered full compensation.
Personal Injury · Car Accident
Personal Injury · Rideshare
Client injured in an Uber accident received nothing from the insurer initially. George secured a $35,000 settlement within 30 days of taking the case.
Personal Injury · UIM Arbitration
Out-of-state underinsured motorist arbitration. The insurer refused to pay fairly. George went to arbitration and won the full policy limits.
Personal Injury · Car Accident
A 50-year-old woman in Glendale was offered $500 after a school bus accident. George rebuilt the case from the medical records up. Final recovery: $50,000 — 100x the original offer.
Past results are specific to the facts of each case and do not guarantee future outcomes. Every construction accident matter is evaluated on its own merits.
Tell us where the accident happened, what caused it, and what injuries you suffered. We'll give you our honest assessment of whether you have both a workers' comp claim and a third-party lawsuit — and what each is worth.
You won't be passed to a junior associate or a case manager. George handles your case.
We investigate the general contractor, the property owner, all subcontractors, and any equipment manufacturers involved in the incident. Missing a liable party means leaving recovery on the table.
Cal/OSHA inspection records, prior violation history, and any citations issued after your accident are powerful evidence. We request them early — before the employer disputes the record or records are lost.
Construction sites are cleaned up, repaired, and reconfigured quickly after an accident. We send preservation requests and arrange site documentation before the conditions change.
When your third-party case settles, the workers' comp lien must be resolved. We negotiate this down — protecting more of the recovery for you.
If you need specialist care, we connect you with experienced providers who treat construction injury victims on a lien basis — no upfront cost.
Construction accident insurers settle higher when they know we'll take the case to court. Most cases resolve before trial — but at significantly better numbers because of the preparation.
No retainer. No hourly bills. No win, no fee.
We talk through what happened: the type of accident, who was on the site, what safety equipment was or wasn't in place, your injuries, and your employment situation. You walk away knowing whether you have both claims, what they're worth, and what to do next.
We send same-day requests for site photographs, Cal/OSHA inspection records, safety logs, toolbox talk records, and incident reports. We identify every party involved in the work being performed at the time of the accident. We arrange a site inspection if the conditions still exist.
We analyze the contractual chain — who hired whom, which party had retained control over which safety conditions, which equipment was provided by which party — and identify every entity that can be named in the third-party lawsuit. This is the most important step and the one most firms skip.
We file or assist with the workers' comp claim and file the third-party personal injury lawsuit. The two claims proceed in parallel. Workers' comp pays your medical bills while the civil case is being built — reducing the financial pressure on you and your family.
We prepare a complete demand package documenting your injuries, lost wages, pain and suffering, and future impact. We push back on lowball offers. If the GC's insurer, the property owner's carrier, or the manufacturer's insurer refuses to pay what the case is worth, we file. Every case is prepared for trial from day one.
Call us before assuming your deadline has passed. We’ll tell you exactly where the clock stands.
Yes. Under California Labor Code §3852, filing a workers’ compensation claim does not waive your right to sue a third party — any entity other than your direct employer — whose negligence contributed to your injury. The general contractor, property owner, other subcontractors, and equipment manufacturers can all be named in a third-party lawsuit that proceeds simultaneously with your workers’ comp claim.
Independent contractors are not covered by workers’ compensation but have full access to personal injury claims against all parties whose negligence caused the injury. In many cases, the GC or property owner is directly liable to injured independent contractors under premises liability law and the retained-control doctrine.
Your workers’ comp claim pays your medical treatment while the third-party lawsuit is being resolved. This is one of the primary benefits of filing both claims: you receive ongoing medical support without waiting for the civil case to conclude.
You can file a claim with the California Uninsured Employers Benefits Trust Fund (UEBTF). The UEBTF pays your benefits and then pursues the employer. Additionally, if a general contractor was involved, they may be liable for workers’ comp benefits to subcontractor employees under Labor Code §2750.5.
Cal/OSHA is California’s workplace safety agency. When a general contractor or employer violates a specific Cal/OSHA safety regulation — failing to provide fall protection, failing to shore a trench, failing to lock out energized equipment — and that violation caused your injury, the violation constitutes negligence per se. This means the breach of duty is established by the violation itself, significantly strengthening the third-party claim.
Yes. If you were not an employee but were injured by falling debris, equipment, or unsafe conditions at or near a construction site, workers’ compensation doesn’t apply — but you have a full personal injury claim against the property owner, the general contractor, and any subcontractor whose negligence created the hazard.
Construction accident cases involving multiple parties typically take one to three years from filing to resolution. Cases that settle before trial resolve more quickly; cases requiring full litigation take longer. Workers’ comp benefits continue during the civil litigation, reducing financial pressure
Nothing upfront. Our fee is contingency-based — we get paid from the recovery we obtain for you. No win, no fee.
Go to the emergency room or urgent care the same day, even if you can manage the pain. Construction injuries — spinal compression, internal injuries, concussions — often present with delayed symptoms. A same-day medical record is critical evidence.
Notify your direct employer in writing as soon as possible. This triggers the workers' comp claim and preserves your rights. Failing to report within 30 days can reduce your benefits.
If you're physically able: photograph the hazard, the equipment involved, the fall location, the absence of safety equipment, and any warning signs (or lack thereof). Do this before the site is cleaned up or repaired.
If a defective tool, ladder, scaffold, or machine caused the injury, do not allow it to be repaired, returned, or discarded. It is physical evidence in a products liability claim. Tell your attorney immediately — preservation must be requested formally.
Names and contact information of every co-worker, supervisor, or bystander who saw the accident or was aware of the hazardous condition beforehand.
The GC's insurer, the property owner's insurer, and your employer's workers' comp carrier may all call you. Do not give recorded statements to any of them without your attorney present.
Employers are required to file a written accident report. Request a copy for your records — and note any discrepancies between the report and what actually happened.
Call (818) 293-8293 Free, same-day review. We'll identify your claims, tell you what they're worth, and get started on evidence preservation immediately.
10
YEARS OF EXPERIENCE AND SUCCESS
Trusted Glendale construction accident attorney pursuing both workers' comp and third-party claims — so every dollar you're entitled to is on the table.
You may have two claims. Most construction workers know about one. From our Glendale office, we represent construction accident victims across California — including Burbank, Pasadena, La Cañada, La Crescenta, Eagle Rock, Atwater Village, Tujunga, and throughout Los Angeles County.
