Construction work has higher rates of serious injuries and deaths than many other industries. Federal data shows construction and extraction jobs accounted for about 20% of U.S. workplace deaths in 2023, with many tied to falls (slips, trips) from heights (BLS). In California, there were 439 fatal work injuries reported in 2023 (BLS California). This article explains key facts about construction accident cases in Los Angeles, CA, and how to make informed choices. However, many people misunderstand deadlines, reporting duties, and who can be held responsible.
Why People Struggle
- Not knowing the leading hazards: OSHA identifies four main killers, falls, struck-by, caught-in/between, and electrocutions (OSHA).
- Missing California’s quick reporting rules for serious injuries and fatalities to Cal/OSHA (Title 8 §342).
- Confusing workers’ compensation with third-party claims (e.g., against non-employer contractors) (CalHR).
- Missing the general 2-year California deadline to file a personal injury lawsuit (California Courts).
- Not preserving site records (permits, inspections) from local agencies like LADBS (LADBS).
In this article, you’ll learn how to avoid these pitfalls and make informed choices.
Understand the Hazards and Preserve Evidence
Why it matters: Most fatal construction incidents involve a small set of hazards, with falls leading the list. Knowing this helps you document what failed, guardrails, harnesses, tie-offs, or power line clearance.
What to do:
- Document the scene (photos/video) if it’s safe and permitted.
- Identify the hazard category (falls, struck-by, caught-in/between, electrocution) to guide what records to request (OSHA).
- Request project permits, inspection logs, and correction notices from the City of Los Angeles Department of Building and Safety (LADBS) to verify scope and work conditions (LADBS).
Supporting data: OSHA training materials and bulletins identify the “Focus Four” hazards, with fall hazards requiring specific protections such as guardrails, safety nets, or personal fall arrest systems (OSHA falls guide).
Avoid a Common Mistake: Missing Reporting and Legal Deadlines
The mistake: Waiting to report or file. In California, employers must report work-related deaths and qualifying serious injuries to Cal/OSHA without delay as defined by regulation (Title 8 §342). Separately, injured people generally have two years to file a personal injury lawsuit (California Courts).
Why it happens: Confusion between workers’ compensation (an insurance system for job injuries) and civil lawsuits against non-employers can delay action.
The correct approach:
- Ensure the employer reports qualifying serious injuries/fatalities to Cal/OSHA promptly (Cal/OSHA reporting guidance).
- Track your civil deadline: two years for most personal injury claims in California (California Courts).
- If you are an employee, workers’ compensation is usually the “exclusive remedy” against your employer, but claims against third parties (e.g., other contractors, property owners, equipment manufacturers) may still be available (CalHR overview).
Results When You Follow These Steps
When hazards are identified and documented, and deadlines are met, injured workers are better positioned to pursue the right path, workers’ compensation for employer-related claims and civil claims where third-party negligence applies. Federal and state data underscore the scale of construction risks in California and the U.S., highlighting why timely documentation and reporting matter (BLS; BLS California). For Los Angeles projects, agency records (permits, inspections) can help clarify who controlled the worksite and safety duties (LADBS).
Resolve Related Disputes Through Mediation
Construction injuries can create parallel disputes that benefit from confidential, faster resolution.
Employment issues: If you face retaliation for reporting hazards, termination during recovery, or disputes over accommodations or wages, employment mediation in California offers a statewide option, and Los Angeles employment mediation provides a local path tailored to L.A. workplaces.
Third-party injury claims: If your case involves a subcontractor, property owner, or manufacturer, personal injury mediation in California can streamline negotiations, and Los Angeles personal injury mediation helps resolve L.A. claims efficiently while you focus on recovery.
FAQs
What are the most common causes of construction fatalities?
OSHA identifies four main categories: falls, struck-by, caught-in/between, and electrocutions (OSHA).
How long do I have to file a construction injury lawsuit in California?
Generally two years from the date of injury for personal injury claims (California Courts). Other deadlines can apply, so check your specific facts.
Do I sue my employer or file workers’ compensation?
Workers’ compensation is typically the “exclusive remedy” against your employer, but you may still bring civil claims against responsible non-employer parties (e.g., other contractors, property owners, product makers) (CalHR overview).
What records help in Los Angeles construction cases?
Project permits, inspection records, and correction notices from LADBS can help identify responsible entities and site conditions (LADBS).
For help with Construction Accident Cases in Los Angeles, CA, contact Joe Lovretovich at (805) 207-7142.