
Falls are the leading cause of construction injuries and deaths in the United States. According to the Occupational Safety and Health Administration (OSHA), construction workers are at significantly higher risk for fatal falls than workers in other industries.
At Hulburt Law Firm, our San Diego construction accident attorneys, Conor and Leslie Hulburt, have helped numerous construction workers who have suffered severe injuries or lost loved ones due to falls on construction sites. This article explains construction fall accidents, the safety standards designed to prevent them, and your legal rights.
Construction workers may fall from various heights and surfaces, including:
Construction falls are often caused by:
Falls consistently rank as the deadliest hazard in the construction industry. OSHA’s “Fatal Four” — the four leading causes of construction worker fatalities — are falls, struck-by incidents, electrocutions, and caught-in/between accidents. Of these, falls account for approximately one-third of all construction deaths every year.
OSHA’s fall protection standard for construction (29 CFR 1926.501) has been the single most-cited violation in the United States for over a decade. This means that despite clear legal requirements, employers continue to fail to provide guardrails, safety nets, or personal fall arrest systems on job sites where workers operate at heights of six feet or more. For injured workers, a documented OSHA fall protection citation against an employer or general contractor can serve as compelling evidence of negligence in a third-party liability claim.
California’s Division of Occupational Safety and Health (Cal/OSHA) enforces fall protection standards that are at least as strict as federal OSHA. San Diego’s construction boom — driven by residential development, infrastructure projects, and commercial building — means more workers are exposed to fall hazards every year. The California Department of Industrial Relations reports that falls from elevation remain one of the top causes of serious construction injuries statewide, making awareness of your legal rights after a fall essential.
When a construction fall is caused by a violation of OSHA or Cal/OSHA regulations, the violation can be introduced as evidence of negligence in your lawsuit. California courts treat regulatory violations as a strong indicator that the responsible party breached their duty of care. An experienced construction accident attorney will obtain OSHA inspection records, citation history, and safety training documentation to build the strongest possible case for your recovery.
If you’ve been injured in a construction site fall, you generally have two main legal options:
If you’re an employee injured on the job, you’re likely entitled to workers’ compensation benefits regardless of fault. Workers’ comp covers medical expenses and partial wage replacement, but does not compensate for pain and suffering.
In addition to workers’ compensation, you may be able to pursue a third-party liability claim against parties other than your employer. Potential third parties include equipment manufacturers, property owners, general contractors, and other subcontractors whose negligence contributed to your fall. Third-party claims can recover full damages including pain and suffering.
If you or a coworker has been injured in a construction fall, taking the right steps immediately can protect both your health and your legal rights.
Many fall injuries — including traumatic brain injuries and spinal cord injuries — may not show symptoms right away. Prompt medical evaluation creates a documented record of your injuries, which is critical for any future legal claim.
Notify your supervisor as soon as possible and ensure the incident is formally documented. California law requires employers to file reports for serious workplace injuries, and your own written account of what happened can be valuable evidence later.
If you are physically able, photograph the area where the fall occurred — including any scaffolding, ladders, safety equipment (or the lack of it), and hazardous conditions. Collect contact information from witnesses. Evidence from a San Diego construction job site can be difficult to preserve once the area is cleaned up or modified.
Do not discard or repair any harnesses, lanyards, hard hats, or other personal protective equipment involved in the fall. Defective or improperly maintained PPE can be key evidence in a product liability or third-party liability claim against an equipment manufacturer.
California’s statute of limitations generally gives you two years from the date of your injury to file a personal injury lawsuit, but government claims and workers’ compensation deadlines can be much shorter. An experienced attorney can help you identify all liable parties and pursue both workers’ compensation benefits and third-party claims for full damages including pain and suffering.
At Hulburt Law Firm, our construction fall attorneys understand California’s complex workers’ compensation and construction accident laws. We help clients by:
If you’ve been injured in a construction fall, contact Hulburt Law Firm for a free consultation. Our experienced construction accident attorneys are ready to help you recover the compensation you deserve.
Call us at (619) 821-0500 or fill out our online contact form to schedule your consultation today.
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.