If you are injured while working at a construction site, you will probably be able to get compensation for your losses through a workers’ compensation claim or a third-party personal injury lawsuit. The question often becomes who is actually responsible for the injury. This is particularly true when it comes to jobsites where there is often a general contractor and one or more subcontractors.
For personal injury claims, a general contractor may be liable for injuries suffered by independent contractors and other workers on the jobsite if they retained and exercised control over that person’s work. Our skilled Walnut Creek construction accident lawyers will perform a thorough investigation of the facts of the case to prove that the general contractor or even the property owner is responsible for your injuries. We will then fight to help you get the compensation that you deserve for your injuries.
The Appel Law Firm advocates for injured workers and other accident victims throughout the greater Walnut Creek area. We offer free initial consultations and never charge a fee unless we recover money for you. Reach out to our law firm today to schedule an appointment with a Walnut Creek personal injury attorney.
When Can General Contractors Be Liable for Jobsite Injuries?
On a construction project, a general contractor will typically hire various subcontractors to perform work. These subcontractors then have their own employees who will work on the jobsite.
In a typical workplace injury case, the connection between the employer and employee is often clear. In these cases, the employee can file a workers’ compensation claim with their employer. However, the nature of construction work means that the situation is often more complicated.
Generally, if you suffer a workplace injury, you will be limited to pursuing a workers’ compensation claim through your employer and its insurance company. If someone other than your employer was responsible for your injuries (such as an employee of a different subcontractor on a job site), you might be able to file a third-party personal injury lawsuit against them. On construction sites, this may include filing a lawsuit against the general contractor and/or the responsible subcontractor, along with a workers’ compensation claim through your employer.
In California, the Privette Doctrine limits the liability of people who hire independent contractors for workplace injuries sustained by the contractor’s employees. The California Supreme Court established this doctrine in 1993, finding that the subcontractors are responsible for workplace safety for their own workers.
There are exceptions to the Privette Doctrine that allow injured workers to file a third-party lawsuit instead of being limited to a workers’ compensation claim. This includes:
- Retained Control: In a 2002 case, the California Supreme Court found that a hiring party (such as a general contractor) can be held liable for workplace injuries if they retain control over the subcontractor’s work and their actions directly contribute to the injury. To take advantage of this exception, you will need to prove the following:
- The general contractor retained some control over the performance of your work;
- The general contractor actually exercised retained control over your work in specific ways;
- You were hurt in a workplace injury; and
- The general contractor’s negligent exercise of its retained control affirmatively contributed to your harm.
- Unsafe Equipment: The California Supreme Court also carved out an exception for situations where the hiring party provides unsafe equipment or fails to address known risks. Under this exception, even if the contractor uses their own tools, the general contractor can be held liable for workplace injuries if their actions create dangerous conditions.
- Concealed Hazards: If a hiring party fails to disclose hidden dangers on a job site, they can be held liable for any injuries that result. Even if the hazardous condition isn’t immediately obvious, the hiring party’s knowledge of the risk and failure to warn the contractor can establish liability.
For example, consider a situation where the general contractor (GC) required the employees of a subcontractor to perform the work in a specific way, using equipment provided by the general contractor. The GC checked in on the work frequently and oversaw the sub’s employees. However, the GC failed to institute safety measures that would prevent injuries when doing this type of work. In this case, the GC could be held responsible for any injuries.
General contractor liability cases are very fact-intensive. Our Walnut Creek construction accident lawyers will thoroughly investigate the facts of your case to determine if the general contractor can be held responsible for your injuries in a personal injury lawsuit. We will examine factors such as:
- Did the general contractor retain control over the safety conditions at a job site?
- Did the general contractor direct the work that was being performed?
- Did the general contractor affirmatively contribute to a worker’s injuries in some way (such as by failing to undertake a promised safety measure)?
- Which party supplied the tools, equipment, and materials that were used by the injured worker?
- Were other subcontractors working near the area where the injury occurred?
- Was there a Cal/OSHA investigation into the incident?
- Did the general contractor perform its own investigation into the accident?
- Are there any photos or videos of the accident scene?
Our team will fight to make sure that you get the money that you are entitled to under California law, both through workers’ compensation and a third-party lawsuit when appropriate. Our ultimate goal is to get you maximum compensation for your injuries.
Dedicated Legal Representation for Injured Construction Workers
Construction site accidents are often more complex than other types of work injury cases. They also present a potential opportunity to file a personal injury lawsuit in addition to a workers’ compensation claim. In this way, you may be able to recover more money to support you as you move forward after your accident.
Based in Walnut Creek, the Appel Law Firm works hard to help our clients get the money that they deserve for their injuries. When it comes to construction site injuries, we will examine every possible angle to determine if you may be able to file a personal injury lawsuit against a third party, such as the general contractor. To learn more or to schedule a free initial consultation with a Walnut Creek construction accident lawyer, call our law offices at 925-938-2000 or fill out our online contact form.
