Maison Law helps any construction worker that’s been injured on the job in California. Across a typical construction site, you’ll find all sorts of different hazards–and different kinds of employees. For contract workers, the injury risk is the same for everyone else, but your options in the aftermath are a bit different. Our team can help you sort through these options, then guide you toward getting better. Set up a free consultation today to get started.
Do I Need a Lawyer?
If you’re a contract worker injured on a construction site, it can feel like you’re on your own. You usually can’t rely on workers’ comp or labor laws, and insurance companies aren’t exactly eager to make things easy for someone who isn’t a full-time employee. So, while you aren’t required to get a lawyer, having one in this situation can make a big difference. With Maison Law on your side, we can:
- Help you understand your rights and what your options are.
- Gather important information and evidence for your claim.
- Figure out what happened and who caused the accident.
- Guiding you through the claims process.
You shouldn’t have to go through all the paperwork, phone calls, and pushback on your own–esepcially when you’re just trying to get back to work. Our team can take that burden off your shoulders so you can focus on recovering while we fight for your claim.
How Does Being a Contractor Change My Options After a Construction Accident?
Working as a contractor or subcontractor on a construction site comes with unique challenges—especially when it comes to injuries. Unlike full-time employees, contractors aren’t considered “on payroll,” and that changes the way the law treats you. Most importantly, it affects the types of claims you can make if you get hurt. Here’s what that looks like in practice:
- Workers’ comp usually isn’t available – Employees can rely on workers’ compensation for medical treatment and partial wage replacement without proving fault. Contractors typically can’t. That means if you’re injured, you often have to find another way to cover medical bills and lost income.
- Your labor protections are limited – California laws that protect workers from retaliation or wrongful termination don’t always apply to contractors. If your hours are cut, your contract ends, or you face pressure to keep working despite injuries, your options through employment law are usually limited.
- Insurance companies may see you as “outsider risk” – Being off the company payroll can make insurance adjusters less willing to pay out. They might challenge your claim or argue you weren’t entitled to coverage in the first place.
The good news is that being a contractor doesn’t leave you without options, but being proactive matters. Basically, despite all the challenges you face in this situation, you have options. But it’s going to take evidence.
What Evidence Can Help My Injury Claim?
In terms of your options as a contract worker that’s been injured on a construction site, your best bet is probably going to be a civil injury claim. But that requires two things: evidence and showing liability. Before you get to that point, you need to know what information and evidence you should focus on:
- Medical records and treatment notes – Keep all your doctor’s reports and treatment details. They show exactly what injuries you have and link them to the accident at the site.
- Photos or videos of the accident scene – Snapshots of hazards, broken equipment, or unsafe conditions can tell your side of the story in a way words alone can’t.
- Witness statements – If anyone saw what happened—a coworker, a bystander, or another contractor—their account can back up your version of events.
- Records of unsafe conditions or faulty equipment – Emails, safety logs, or maintenance reports that show hazards were ignored or equipment was broken can strengthen your claim.
- Pay stubs or contracts – These prove you were working on the site and make it clear what your role was during the accident.
All of these things are important, but when you’re dealing with an injury, it can be hard to do all of this by yourself. That’s where our team can step in and take the lead on gathering this evidence and helping you present it.
Who’s Liable For a Construction Accident?
After an accident, one of the first questions on your mind is usually: “Who’s going to pay for all of this?” Between medical bills, lost income, and the stress of not knowing what’s next, it’s a natural concern.
For full-time employees, workers’ compensation usually steps in to cover medical care and part of lost wages, no matter whose fault the accident was. But as a contractor, that safety net often isn’t there. That means you may need to look to whoever caused the accident to recover your costs. That means showing negligence on the part of somebody, and on construction sites that can fall on a few different people, depending on what happened, like:
- A subcontractor who didn’t follow safety rules or take proper precautions
- A property owner who left hazards exposed or failed to maintain a safe site
- A manufacturer whose defective equipment or materials caused the injury
Determining who is at fault isn’t always simple—it can take careful investigation and experience to figure out. But once that hurdle is cleared, you have to then move on to the next one–filing a claim.
What Claims Options Do I Have If I’m Hurt in a Construction Accident?
Getting hurt on a construction site as a contractor can be overwhelming for all the reasons we’ve talked about. But the good news is that you still have ways to get help—mainly through a personal injury claim. There are two main ways to do that:
- Filing an insurance claim.
- Filing a personal injury lawsuit.
Insurance claims can work well if:
- Your injuries are fairly straightforward
- It’s clear who caused the accident
- You want to try to resolve things without going to court
The insurance company might offer a settlement to wrap things up quickly. You can choose to accept it if it covers your bills and lost income—or ask for more if it doesn’t fully account for your costs. Even simple claims can become complicated, though, and having support can make sure your claim isn’t undervalued.
Sometimes, an insurance claim isn’t enough—especially if your injuries are serious, involve multiple parties, or the situation is complicated. That’s when filing a lawsuit may be necessary. They can take longer and require more effort, but they may be the only way to make sure all costs and long-term impacts of your injury are covered. These are your “damages”, and they usually include things like:
- Medical expenses, both current and future
- Lost income or loss of earning potential
- Repair/replacement costs for damaged tools, clothing, shoes, etc.
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Wrongful death expenses in fatal accidents
There’s something important to know about this process–you only have two years from the date of the accident to file. If you miss it, you can’t file a claim or recover damages. That’s why it’s important to act quickly and have the right guidance.
Frequently Asked Questions
Can I file a claim if I’m a subcontractor or independent contractor?
Yes. While workers’ comp usually isn’t available, you can pursue a personal injury claim against whoever caused the accident—whether that’s a general contractor, property owner, or equipment manufacturer.
What kind of evidence do I need?
Medical records, photos of the accident scene, witness statements, and documentation of unsafe conditions or faulty equipment are all important. The more you can show, the stronger your claim.
Do I need a lawyer?
While you can technically file a claim on your own, personal injury claims can get complicated fast. A lawyer helps identify responsible parties, gather evidence, negotiate with insurance companies, and make sure your rights are protected.
Contract Workers Injured on California Construction Sites Can Count on Help From Maison Law
Getting hurt as a contract worker can feel isolating, but you don’t have to navigate it alone. Even without workers’ comp or employment protections, you still have options. Our team at Maison Law will make sure you’re protected and your rights are fought for. To get started, set upa free consultation today.
