construction accident Law in California

Statute of Limitations in California

California's deadline to file a third-party construction injury lawsuit is two years under Code of Civil Procedure section 335.1, but overlapping government-claim and workers' compensation deadlines can be far shorter.

The general deadline for a third-party construction injury lawsuit in California is two years from the date of injury, set by Code of Civil Procedure section 335.1. The same two-year period applies to wrongful death claims, running from the date of death.

A discovery rule can delay the start of the clock where an injury or its cause was not immediately known, but on construction sites the injury is usually apparent at once. For an injured minor, the deadline is generally tolled until age 18 under Code of Civil Procedure section 352, though most construction injuries involve adult workers.

Two timelines deserve special attention. First, injuries on a public works project, or claims against a public entity such as Caltrans or a city, generally require a government claim within six months under the Government Claims Act before any lawsuit. Second, the workers' compensation system runs on its own schedule, with a 30-day window to report the injury to the employer and a separate filing deadline.

Because these deadlines overlap and the shortest one controls, injured workers commonly confirm every applicable timeline early.

Comparative Fault in California

California is a pure comparative negligence state. An injured worker who shares some responsibility still recovers from a negligent third party, with the award reduced by the worker's percentage of fault but never barred, even if that share is large. This rule comes from the California Supreme Court's decision in Li v. Yellow Cab Co. (1975).

On a construction site, fault is often divided among several parties, including contractors and the injured worker. For non-economic damages, California applies several liability under Civil Code section 1431.2 (Proposition 51): each defendant is responsible only for its own proportional share of non-economic damages. Economic damages can still be pursued jointly.

A central limit on third-party liability is the Privette doctrine. A party that hires an independent contractor is presumed to delegate job-site safety to that contractor, and is liable only under recognized exceptions, such as retaining and negligently exercising control over the work or concealing a known hazard, as clarified by the California Supreme Court in Sandoval v. Qualcomm and Gonzalez v. Mathis (2021).

California Insurance Requirements

California requires every employer to carry workers' compensation insurance under Labor Code section 3700. This is what funds an injured worker's medical care and disability benefits regardless of fault, and it is mandatory even for small contractors.

Licensed contractors must also meet the insurance and bonding requirements of the Contractors State License Board, and most carry commercial general liability coverage. In a third-party injury claim, recovery typically comes from the liability insurer of the responsible contractor, subcontractor, owner, or equipment company.

Because recovery is limited by the coverage and assets of the responsible parties, identifying every potentially liable third party can affect the outcome. Where a third-party claim succeeds, the workers' compensation insurer generally has a lien for benefits it paid, which is resolved out of the recovery.

Damages and Caps in California

Unlike medical malpractice cases, ordinary personal injury claims in California, including third-party construction injury claims, are not subject to a damages cap. An injured worker can recover full economic damages, such as medical bills, future care, and lost earnings, and full non-economic damages for pain, suffering, and loss of enjoyment of life.

Workers' compensation benefits, by contrast, are limited and scheduled: they cover medical treatment and a portion of lost wages but not pain and suffering. This is why a third-party claim, where one exists, is often the path to full compensation.

Punitive damages are available only with clear and convincing evidence of malice, fraud, or oppression under Civil Code section 3294, which is uncommon in ordinary negligence cases.

California Court System

Third-party construction injury lawsuits are filed in the Superior Court of the county where the injury occurred, such as Los Angeles, San Diego, or San Francisco County. California uses a unified superior court system for civil cases.

Workers' compensation claims follow a separate track, handled by the Workers' Compensation Appeals Board rather than the superior court. Many injured workers have both proceedings running at once. Most personal injury cases resolve through settlement or mediation before trial, though construction cases can take two or more years when liability and multiple parties are disputed.