San Diego Construction Accident Attorney

by Mona Deldar on Nov. 15, 2019

Accident & Injury Accident & Injury  Personal Injury 

Summary: Despite the safety stipulations that are in place, trying to figure out who is liable for a San Diego construction accident can be a difficult affair. You may find it helpful to consult with a San Diego construction accident attorney.

Sorting Out Liability in Construction Accidents

Construction work can be a dangerous affair, and many life-changing injuries and accidents take place on a work site. The vast majority of San Diego construction accidents are due to falling, electrocution, getting hit by objects, or getting trapped in a machine or other structure. Deaths from construction accidents have been on the rise in major cities, especially in places like New York as work intensifies to expand the city skyline. Employers at a construction site have responsibilities for workplace safety under guidelines from the Occupational Safety and Health Administration. Under these regulations, employers are obligated to keep the work site free of hazards, lay out a comprehensive hazard communication program, and make sure that construction workers are using safe tools and other equipment. Despite the safety stipulations that are in place, trying to figure out who is liable for a San Diego construction accident can be a difficult affair. You may find it helpful to consult with a San Diego construction accident attorney.

How Do I Figure Out Who Is Liable?    

California law says that workers who are hurt on the job are entitled to compensation, which usually prohibits an injured worker from filing a suit against the employer. However, those who are hurt on the job have the ability to file a case against a third party, like a subcontractor or an equipment manufacturer, if they caused the injury in question.

After an employee or bystander is hurt in a San Diego construction accident, liability largely depends on who is controlling the area where the accident happened, and the status of the person who was hurt. The California Worker’s Compensation Act gives injured people the ability to be entitled to worker’s compensation benefits even if they are filly or partially responsible for their injury.

Many people involved in a San Diego construction accident try and file a suit against a third party because worker’s compensation claims usually do not adequately give enough money for damages.

Should I File a Third-Party Claim?

One advantage of a third party claim is they can net significantly more compensation than what can be accrued from worker’s compensation. Injured workers can get damages for lost wages, medical costs, pain and suffering, and impaired earning capacity. Since California permits comparative negligence, injured workers have the ability to pursue a third-party claim even if they or their employer is partially at fault for the injury. Damages can be assigned to a worker at a proportional rate if a court finds them partially at fault for an accident.

What Should I Do If I Want to Determine Who is Liable After an Accident?

The most important thing to do after a construction accident is to work with an experienced construction accident attorney as soon as possible. Since work sites change rapidly, evidence that can help a person win a liability case can be altered or destroyed as work progresses. The right attorney will be able to use their team to launch an investigation, secure necessary evidence, track down third-parties who could be involved in a case, and fight for a favorable comparative negligence ruling if necessary. If you have been injured in a construction accident, contact the experienced San Diego construction accident attorneys at Deldar Legal today to discuss your options.


For more personal injury content please view the links below 



Auto Accident






Bike Accident


Boat Accident







Dog Bite


Personal Injury





Product Liability


Slip and Fall






Pedestrian Accident





Worker’s Comp




Wrongful Death


Legal Articles Additional Disclaimer is not a law firm and does not offer legal advice. Content posted on is the sole responsibility of the person from whom such content originated and is not reviewed or commented on by The application of law to any set of facts is a highly specialized skill, practiced by lawyers and often dependent on jurisdiction. Content on the site of a legal nature may or may not be accurate for a particular state or jurisdiction and may largely depend on specific circumstances surrounding individual cases, which may or may not be consistent with your circumstances or may no longer be up-to-date to the extent that laws have changed since posting. Legal articles therefore are for review as general research and for use in helping to gauge a lawyer's expertise on a matter. If you are seeking specific legal advice, recommends that you contact a lawyer to review your specific issues. See's full Terms of Use for more information.