Injured on a Fresno Construction Site?
Construction is dangerous work, and serious injuries are common on California job sites. When an injury happens, the difference between a modest workers’ comp claim and full compensation often comes down to identifying everyone who was responsible – not just your direct employer. Our Fresno work-injury team investigates both paths.
The Most Common Construction Injuries
Federal safety officials call them the “Fatal Four,” and they drive most serious construction claims:
- Falls – from scaffolding, ladders, roofs, and openings.
- Struck-by – falling tools or materials, swinging loads, vehicles.
- Caught-in or -between – trench collapses, machinery, and crush injuries.
- Electrocution – contact with power lines and live wires (electric shock injuries).
These often lead to head and brain injuries, spinal cord injuries, amputations, and catastrophic harm.
Workers’ Comp vs. a Third-Party Lawsuit
Workers’ compensation is a no-fault system: you get medical care and partial wage replacement from your employer regardless of blame, and in exchange you generally cannot sue that employer (Labor Code § 3602). But construction sites are full of other companies. If a general contractor, another subcontractor, an equipment manufacturer, or the property owner was negligent, you can bring a separate lawsuit against them for full damages that work-comp never pays – including pain and suffering and full lost earnings (§ 3852). See our third-party work injury guide.
Deadlines Are Different for Each Claim
The workers’ comp claim must generally be filed within one year (Labor Code § 5405), while a third-party injury lawsuit generally must be filed within two years of the injury (Code of Civil Procedure § 335.1). Missing either deadline can end that claim, so it is important to have both evaluated early.
How We Help After a Construction Injury
We pursue your workers’ comp benefits and, at the same time, investigate the site for third-party liability – contracts, safety records, equipment, and OSHA findings. Pursuing both, correctly coordinated, is how injured construction workers recover more. No fee unless we win.
Frequently Asked Questions
You generally cannot sue your own employer (Labor Code § 3602), but you can sue a negligent third party – such as a general contractor, subcontractor, equipment manufacturer, or property owner – for full damages (§ 3852), in addition to your workers’ comp claim.
A third-party lawsuit can recover damages workers’ comp does not pay, including pain and suffering and full lost earnings, so it is often worth substantially more. The exact value depends on the injury and the evidence.
Generally one year for the workers’ comp claim (§ 5405) and two years for a third-party lawsuit (Code of Civil Procedure § 335.1). The exact dates depend on your facts, so act quickly.
You are still covered by California workers’ compensation and can still pursue a third-party claim. Immigration status does not bar either.
Cal/OSHA citations can be powerful evidence of unsafe conditions and support a third-party claim, though they do not by themselves decide your case.
Contact Goldberg & Loren for a free, confidential consultation. Call (559) 629-8844 or request a consultation online. No fee unless we win.
Sources
California Labor Code §§ 3602, 3852, 5405 and Code of Civil Procedure § 335.1 (leginfo.legislature.ca.gov); U.S. OSHA construction “Fatal Four.” This article is general information, not legal advice; the application of these laws depends on the facts of your case. Last updated September 2026.
