If you’ve been injured while working on a construction site in Los Angeles, you’re likely dealing with physical pain, medical bills, and uncertainty about your future. You may wonder what your legal rights are, how you’ll support your family during recovery, and whether anyone is legally responsible for your injuries. Fortunately, California law provides several paths to seek compensation depending on the circumstances surrounding your accident.
At Artemis Law Group, we help injured construction workers understand their rights and take the right legal action. Whether through a workers’ compensation claim, a personal injury lawsuit, or a serious and willful misconduct claim, the right legal strategy can maximize your recovery and protect your future. This article explores your options and explains how to move forward after a serious construction site injury in Los Angeles.
File a Workers’ Compensation Claim
Under California Labor Code § 3700, all employers in the construction industry are required to carry workers’ compensation insurance. If you were injured while performing your job duties, you are likely entitled to benefits, even if no one was directly at fault.
What workers’ comp covers:
- Medical expenses (doctor visits, surgeries, medication)
- Temporary disability payments (partial wage replacement)
- Permanent disability (for lasting impairments)
- Vocational rehabilitation or job displacement benefits
- Death benefits for surviving family members in fatal cases
Workers’ comp is a no-fault system, meaning you don’t have to prove your employer did anything wrong. However, there are strict deadlines for reporting the injury and filing your claim. Delays or errors can jeopardize your right to benefits, so it’s essential to follow the correct procedure, and legal guidance can help ensure nothing is overlooked.
File a Third-party Personal Injury Lawsuit
Although you generally cannot sue your employer directly for negligence, you may be able to file a lawsuit against a third party who contributed to your construction site injury. This is referred to as a third-party claim, and it can substantially increase your total compensation.
Examples of third-party liability:
- A subcontractor who failed to remove hazardous debris from the worksite
- A property owner who ignored dangerous conditions
- An equipment manufacturer who sold defective machinery
- A delivery driver who caused an on-site collision
Unlike workers’ comp, a third-party lawsuit allows you to recover full wage losses, pain and suffering, emotional distress, and future medical expenses. Artemis Law Group regularly investigates construction accidents to identify all liable parties (even those that don’t seem immediately obvious) and pursue the maximum compensation available.
Pursue a Serious and Willful Misconduct Claim
In some cases, your employer may be held partially liable through a serious and willful misconduct claim under California Labor Code § 4553. This applies when your employer’s actions go beyond mere negligence, for example, knowingly ignoring Cal/OSHA safety standards or failing to provide required fall protection.
If successful, this claim can increase your workers’ compensation benefits by up to 50%. However, proving serious and willful misconduct requires strong evidence and an experienced legal strategy. Artemis Law Group can assist in gathering documentation, OSHA citations, and witness testimony to support your claim.
Consider a Claim Based on OSHA Violations
Federal and California OSHA regulations require strict adherence to workplace safety standards on construction sites. If your injury resulted from violations such as a lack of fall protection, unsafe scaffolding, or improper machine guarding, these can serve as evidence of negligence.
While OSHA violations don’t automatically lead to a lawsuit, they:
Strengthen your case for a third-party claim
Support a serious and willful misconduct case
May entitle you to enhanced benefits if your employer is found to have acted recklessly
Our attorneys at Artemis Law Group frequently use OSHA investigation reports to build powerful cases for injured workers in Los Angeles and beyond.
Explore Product Liability for Defective Equipment
If your injury was caused by faulty machinery, power tools, or construction equipment, you might have a product liability claim against the manufacturer or distributor. These claims do not require proving negligence; only that the product was defective and caused harm.
Examples of defective equipment claims:
- A nail gun that misfires
- A crane with faulty hydraulics
- A ladder with structural failure
Product liability claims can provide compensation for medical costs, lost income, long-term disability, and pain and suffering. Artemis Law Group has the technical resources and litigation experience to handle these complex cases.
Don’t Overlook the Importance of Legal Counsel
Construction site injuries can involve multiple liable parties, complex regulations, and overlapping claims. Trying to navigate these pathways on your own while recovering from a serious injury is risky and often results in missed compensation opportunities.
An experienced attorney can help you:
- File accurate and timely workers’ comp paperwork
- Identify responsible third parties
- Preserve critical evidence and OSHA documentation
- Negotiate settlements or go to trial if necessary
At Artemis Law Group, we’re committed to providing hands-on legal support and aggressive advocacy to injured workers. Our team has a deep understanding of California’s construction laws and has helped clients across Los Angeles secure the compensation they deserve.
Let Artemis Law Group guide you through the process. We offer personalized legal strategies to protect your health, finances, and future. Contact us today to schedule a consultation and take the first step toward full financial recovery after your construction site injury.