1. I was working at a construction site and was injured. Who can I sue?

You should be able to sue any person or entity whose fault contributed to your injuries other than your employer. Your remedies against your employer are limited to workers' compensation. Your remedies against a general contractor or owner may be limited to cases where you can prove active negligence on behalf of these parties.

2. Can I file a lawsuit against persons or entities that caused my injury even if I am collecting workers' compensation benefits?

Yes. If you can establish that somebody other than your employer at the job site acted negligently and contributed to your injuries, you can still bring a lawsuit even though you are collecting workers' compensation benefits. However, your workers' compensation carrier may be entitled to get some or all of their money back out of your recovery against the other responsible parties.

3. What if my employer is at fault for causing my injuries?

If your employer is 100% at fault, you are out of luck. Your remedies will be limited to workers' comp. However, if there are some other parties at fault, you can still sue. Further, if your employer's negligence was a major cause of your injury, you may be able to collect against the other responsible parties and not have to pay back the money awarded to you in the workers' compensation case.

1. What if I was partly at fault for the accident. Can I still sue?

If plaintiff's own negligence is the only cause of his or her injuries and the plaintiff is one hundred percent (100%) at fault, the plaintiff will recover no money in a legal case.

However, California is a comparative negligence state and a plaintiff can still recover monetary damages for their injuries if there is at least one other party at fault. However, the amount of the plaintiff's recovery is reduced by the amount of the plaintiff's negligence. Thus, if the plaintiff were to receive $1,000,000 and plaintiff was found to be fifty percent (50%) at fault for causing their own injuries, the award would be reduced fifty percent (50%) to $500,000.

5. I was injured while visiting or walking by a construction site. Who can I sue for my injuries?

You can sue any party who is responsible for your injuries, including the owner, general contractor and subcontractors at the site. Further, this duty is owed to you even if you are an uninvited guest at the site. Anybody who has control of the site owes you a duty of ordinary care.

6. I was working at a job site and received a severe injury which was mostly the fault of my employer. However, my employer did not carry worker's compensation insurance. What can I do?

You are actually in a much better position if your employer did not carry workers' compensation insurance and is financially solvent. Under the law, if an employer does not carry workers' compensation insurance, you are allowed to sue the employer in a civil case, just like you can sue any other defendant plus liability is actually easier to prove. Thus, you will be entitled to full compensation for your injuries rather than the minuscule workers' compensation recovery.

7. I was working as a subcontractor at a construction site and received a severe injury. What are my rights against the owner and general contractor in a lawsuit?

The answer to this question is rather complex, and the law has changed to the disadvantage of construction workers in recent years. Basically, the owner or general contractor may be found liable to workers at the site for failing to use ordinary care to provide them with a reasonably safe place to work, warn of dangers that are not obvious and keep the construction site in a reasonably safe condition.

Liability for a dangerous condition may be imposed upon an owner or general contractor who created the condition personally or through an employee and had notice of the dangerous condition or, by reasonable inspection, should have discovered it and had sufficient control to take reasonable safety measures.

Further, if the owner or general contractor knew, or should have known, that a subcontractor's work created a type of dangerous condition that may reasonably be expected to occur again unless appropriate precautions were taken, they may be found liable.

Also, liability can be established by proof of violations of safety statutes and regulations.

Still, it may be very difficult to sue the owner or general contractor for a dangerous condition created by another subcontractor which caused your injury. However, you can still sue the other subcontractor, and under certain circumstances bring a case against the general contractor and the owner.

8. How important is it for my attorney to retain highly qualified experts in construction cases?

It is critical. It is almost always necessary for a plaintiff's attorney to retain construction practice experts and safety experts. There will be many insurance coverage issues, contract issues, and issues of relative liability between the various trades which require the retention of a sophisticated expert to be able to explain to a jury the relative responsibilities of the parties. Further, a construction safety expert will be able to point to the negligent way in which the construction project was conceived and monitored.

9. What damages are recoverable in construction accident cases?

Plaintiff is entitled to recover damages for past and future medical expenses, past and future wage loss, past and future pain and suffering, and if it is deemed that conduct is bad enough, punitive damages (i.e., punishment damages against the defendant).

If the plaintiff dies, his or her survivors are entitled to recover full compensation for their economic losses that result from the plaintiff's death as well as emotional distress damages which stem from the loss of society care and comfort of the decedent. If the survivors can prove that the plaintiff lived for a period of time between the negligent act and death, they can also bring an action for punitive damages.

10. Statute of limitations.

Generally speaking, a person injured at a construction site or the family of a person killed in a construction accident has one year from the date of the accident to bring a lawsuit. This time period may be extended under rare circumstances for late discovery. If a public entity is any way involved, the claim must be brought within six months from the date of the accident.

11. Do I need to retain an attorney in a construction accident case?

Yes. Even if you believe that you were partly responsible for your own injuries or that your employer was solely responsible, it is generally wise to at least consult with an attorney who handles construction accident cases to determine if there is a potential case against someone other than your employer. The law in construction accident cases is extraordinarily complex and you need an attorney who knows his or her way around construction accident litigation.

12. Will my construction accident case settle out of court?

Probably. Ninety to 95% of construction accident cases do settle sometime before trial; however, there are complex legal issues and the presence of workers' compensation liens make these cases difficult to settle without intensive litigation.

13. How can I afford to hire an attorney and pay for the costs of a case like this?

Most plaintiff attorneys will take a case on a contingency fee basis if they believe that the case has merit and is worth the expense. This means that you do not pay any fee unless you win your case. If you do win the attorney is generally reimbursed for his or her fees and advanced costs out of your recovery. Fees are usually 33% to 40% and costs vary widely from case to case. However, it is critical to retain an attorney that can afford to advance whatever costs are reasonable and necessary for you to win.