At Hulburt Law Firm, we represent injured construction workers and grieving families in catastrophic injury and wrongful death cases. Whether your case involves a fall from height, a machinery failure, or a structure collapse, our trial attorneys fight for accountability and compensation when safety rules are ignored.
Throughout your construction accident case, we keep you informed, answer your questions, and explain each step of the process in clear language. Because we limit the number of serious injury and wrongful death cases we accept, we’re able to dig deeply into jobsite safety issues—reviewing contracts, safety logs, OSHA and Cal/OSHA records, and witness testimony—to understand why the incident happened and who is responsible.
Our role is to handle the investigation, insurance companies, and third-party claims so that you and your family can focus on medical care and rebuilding your lives.
If you or a loved one was injured or killed on a construction site in or around San Diego, we invite you to contact us for a free case review.
Our attorneys have a proven track record of achieving extraordinary results.
A massive, improperly installed gate collapsed on a sub-contracted worker who was asked by the general contractor to paint it, causing his tragic death.
A concrete block wall wasn't properly supported and fell on a construction worker in El Cajon, killing him.
Concrete workers left unsecured plywood over a second-story gap at a condo build in Carlsbad. A framer stepped on the plywood and fell through the gap.
A dump truck driver failed to "get out and look" before backing up into a construction worker, crushing his leg against a bulldozer.
Jury verdict against Caltrans for a 13-year-old boy who was hit by a car while using a dangerous crosswalk.
A sudden tire failure caused an SUV to fishtail and crash into a tree on the side of a San Diego County highway, killing a beloved husband and father.
A devoted husband and father of two was tragically killed while performing his work as a painter on a construction site in Southern California. He had been assigned to paint a large, unfinished metal gate. While working, the unsecured gate collapsed, crushing him beneath its weight. The general contractor quickly pointed fingers at the painting subcontractor, claiming the gate was painted too soon.
Through extensive depositions of the general contractor’s personnel and various subcontractors, our investigation revealed the gate had been left dangerously unsecured when the painters were instructed to begin their work. Critically, no one warned the painters of the hazard. The site superintendent—tasked with overseeing safety and coordinating subcontractors—was not on-site that day. He was out golfing to celebrate the project's nearing completion. The lack of supervision and failure to secure the jobsite contributed directly to a preventable tragedy.
After the truth came to light, the general contractor entered into a confidential settlement with the painter’s grieving family.
If your family is facing a similar construction tragedy in San Diego County, you can request a free case review to discuss your options.
In your free case review, we listen to what happened on the jobsite, how you were injured, and what questions you and your family have. We look at any incident reports, photos, safety notices, or insurance letters you already have and explain, in plain language, the difference between workers’ compensation and a potential third-party claim. Our goal is to give you an honest assessment of your options, not a sales pitch.
Once you decide to move forward and the scope of work is signed, we begin a focused investigation into the construction site and the companies involved. That can include obtaining incident and OSHA/Cal/OSHA reports, reviewing contracts and safety plans, collecting site photos and video, interviewing witnesses and co-workers, and identifying which contractors, subcontractors, property owners, or equipment manufacturers may share responsibility. We work to secure critical evidence early, before it gets lost or rewritten.
To fully explain how and why the incident happened—and how it has affected you—we work with carefully chosen experts. Depending on the case, that may include construction safety professionals, engineers, accident reconstructionists, medical specialists, life-care planners, and economists. They help us analyze jobsite practices, identify safety violations, document your injuries, and calculate the financial impact on you and your family over time.
Using the facts and expert input, we develop a tailored legal strategy for your construction accident case. That includes identifying all potential defendants, understanding how workers’ compensation interacts with any third-party lawsuit, and carefully assessing your medical bills, lost income, future care needs, and non-economic harms. We aim to present a clear, evidence-based picture of what this incident has taken from you, and what accountability looks like under California law.
We take over communications with the insurance companies and defense lawyers so you don’t have to. In construction cases, there are often multiple insurers—covering general contractors, subcontractors, property owners, and manufacturers—each trying to shift blame and minimize your injuries. We present the evidence we’ve gathered, challenge efforts to downplay safety violations, and negotiate with an eye toward full and fair compensation. Throughout this process, we keep you informed, explain any offers, and help you evaluate your choices
If the companies involved are unwilling to resolve the case fairly, we are prepared to file a lawsuit and take your construction accident case to court. Our trial attorneys have experience presenting complex jobsite incidents to judges and juries, including explaining safety rules, industry standards, and the realities of construction work. At trial, we tell your story through your testimony, co-workers, experts, and carefully prepared exhibits so decision-makers understand exactly how and why this happened—and what it has meant for you and your family.
Construction workers injured on the job in and around San Diego are often dealing with two different legal systems at once: workers’ compensation and potential “third-party” personal injury claims. Understanding how these pieces fit together—especially on multi-employer jobsites—is key to protecting your rights after a serious construction accident.
In California’s workers’ compensation system, most injured construction workers are entitled to benefits without having to prove that anyone was at fault for the accident. In exchange, workers’ comp is usually the worker’s “exclusive remedy” against their direct employer—meaning you typically cannot sue the employer in civil court for pain and suffering if you’re covered by workers’ compensation.
Typical workers’ compensation benefits may include:
Workers’ compensation is an important safety net, but it does not provide damages for pain and suffering or the full range of losses that may be available in a civil lawsuit. That’s where third-party claims come in.
A third-party claim is a separate personal injury or wrongful death case against someone other than the injured worker’s employer—for example:
These third-party cases can provide compensation that workers’ compensation does not, including:
When an injured worker recovers money in a third-party case after receiving workers’ compensation benefits, the workers’ comp insurer often has a lien or reimbursement right against part of that recovery. Managing that lien properly—and negotiating it down when appropriate—can significantly affect how much the worker actually takes home.
Learn more about pursuing third-party claims after a construction accident.
Time limits, known as statutes of limitations, are critical in construction cases. Missing a deadline can mean losing your right to pursue a claim in court, even if your case is otherwise strong.
In general:
Because these time limits can vary based on the facts, the type of claim, and who is involved, injured workers and families are generally well-served by talking with a construction accident attorney as soon as reasonably possible after an incident.
Forget surface-level research and mediocre inquiries. We dive deep to conduct extensive investigations and gather evidence in order to build your strongest case.
We use technology to your advantage. By using video and photography, scene recreations, and graphics, we tell your story in a visually-compelling way that other law firms cannot match.
Defense attorneys and insurance companies know us and respect us. We assess the full extent of your damages and pursue all responsible parties in order to maximize the compensation you deserve.
Catastrophic injury and wrongful death cases are rarely simple. We have taken on the largest corporations, insurance companies, and defense firms in the country and won.
We understand how important it is to have a compassionate and considerate lawyer. From providing regular case updates to ensuring clients are adequately prepared for each step of the case, we continually demonstrate our care for all of our clients.
After any serious construction accident, safety and medical care come first. Most workers will:
If you’re able, it can also be helpful to document the scene with photos or video of the area, equipment involved, and any visible injuries, and note the names of coworkers or witnesses who saw what happened.
In many cases, it makes sense to consult both a workers’ compensation lawyer and a construction accident attorney who handles third-party claims, so you understand how the two systems interact and what additional rights you may have beyond basic workers’ comp benefits.
Liability on a construction site is often shared among several entities, and figuring out who is responsible can be complex. Potentially responsible parties may include:
An experienced construction accident firm will typically focus on third-party defendants—companies or individuals other than your direct employer—so that you can seek compensation beyond what workers’ comp provides.
Construction accidents can happen many different ways, but some patterns appear again and again on California jobsites:
Many of these events are preventable when basic safety rules are followed, equipment is properly maintained, and jobsite supervision is adequate.
The type and amount of compensation available depends on the details of your case and which claims are involved:
Because every case is different, a lawyer can help identify all potential sources of compensation and how they work together in your particular situation.
In many construction cases, both systems are in play at the same time:
When there is a third-party recovery, the workers’ compensation insurer may assert a lien or reimbursement right so the worker is not paid twice for the same medical bills or wage loss. Negotiating that lien is an important part of maximizing what the injured worker actually receives at the end of the case.
If a workers’ compensation claim is denied—whether in whole or in part—workers generally have the right to challenge the decision through the workers’ compensation system. That process may involve:
At the same time, it may still be possible to pursue a separate third-party claim in civil court if another company or person contributed to the accident. Those two tracks can move forward together, but each has its own rules and timelines.
In most cases, no—you generally cannot sue your direct employer in civil court for a work-related injury because workers’ compensation is intended to be the exclusive remedy against the employer.
However, there are limited exceptions where a lawsuit against the employer may be possible, such as:
Even when an employer cannot be sued directly, injured workers may still bring third-party claims against other entities whose negligence contributed to the accident.
To get the most value from an initial consultation, it’s helpful—but not required—to bring:
If you don’t have all of this yet, that’s okay. The first meeting is often about understanding what happened, what questions you have, and how the firm can help investigate and protect your rights.
Most construction accident firms, including Hulburt Law Firm, work on a contingency fee in third-party cases. That generally means:
There may also be case costs (such as filing fees, expert costs, records charges) that are advanced by the firm and reimbursed from any settlement or verdict, depending on the fee agreement. Reviewing and asking questions about the written fee agreement helps avoid surprises.
Although every case is different, many construction accident matters follow a similar path:
Throughout the process, a good firm will keep you updated, explain major decisions, and involve you in assessing any settlement offers.
A thorough construction accident investigation is often multi-layered, and may include:
The goal is to identify what went wrong, who had control over the conditions, and how the event could have been prevented—all of which inform liability and damages in the case.
When a loved one is killed in a construction accident, certain family members may have the right to pursue:
These cases can be emotionally difficult and legally complex, especially where multiple companies and insurers are involved. A construction accident and wrongful death firm can help families understand which claims are available, who may file them, and what deadlines apply.
“Workers’ compensation immunity” refers to the rule that, when workers’ compensation applies, an injured employee usually cannot sue their employer in tort for a workplace injury; workers’ comp is the exclusive remedy against that employer, subject to narrow exceptions.
That immunity typically extends to:
At the same time, third-party claims against other responsible companies (for example, general contractors, property owners, or manufacturers) remain available and are a central focus of many construction injury cases.
The Privette doctrine comes from a series of California Supreme Court decisions holding that, in many situations, a property owner or general contractor who hires an independent contractor is not liable in tort for injuries to that contractor’s employees, because responsibility for workplace safety is presumed to have been delegated to the contractor and workers’ compensation is available.
Over time, courts have recognized important exceptions to this rule, including situations where:
Construction accident firms that regularly handle these cases know how to analyze whether Privette applies and how to develop evidence to fit within recognized exceptions when the facts support it.
Time limits for construction accident lawsuits follow the general personal injury and wrongful death statutes of limitations, with some important nuances:
Because these rules are technical and there are exceptions, injured workers and families are usually advised to consult counsel promptly to identify and protect applicable deadlines.
A workers’ compensation lien is a reimbursement claim that the workers’ comp insurer may assert against any money the injured worker recovers from a third-party lawsuit. The idea is that the worker should not receive a “double recovery” for the same medical bills or wage loss—once from workers’ comp and again from the civil case.
Key points include:
Experienced construction accident firms routinely address these liens as part of resolving the overall case.
Cal/OSHA is the state agency responsible for enforcing workplace safety laws on California jobsites. After certain serious injuries or fatalities, the agency may:
Cal/OSHA’s findings do not control the outcome of a civil case, but the reports, photographs, and witness statements generated during the investigation can be valuable evidence when evaluating and pursuing a construction accident claim.
Simply fill out the form or call 619.821.0500 to receive a free case review. We’ll evaluate what happened, your injuries, and potential defendants to determine how we can best help you.