Construction injuries run through workers' comp plus third-party tort. The Privette/Hooker/Kinsman framework controls when an injured contractor employee can sue the project owner.
Call (888) 528-8595 for a free consultationA construction injury case in California runs through two parallel tracks: workers' compensation against the employer (typically the immediate contractor or subcontractor) under Labor Code §3700 exclusive-remedy framework, and third-party tort against any other party whose negligence contributed. The third-party case is governed by the Privette/Hooker/Kinsman line of California Supreme Court decisions and is the principal mechanism for recovery beyond comp benefits.
On Privette, the rule is that a hirer of an independent contractor is generally not liable to the contractor's employee for injuries sustained on the job. Privette v. Superior Court (1993) 5 Cal.4th 689 established the bar; it is grounded in workers'-comp exclusivity logic. Two principal exceptions: Hooker v. Department of Transportation (2002) 27 Cal.4th 198 (retained-control exception — hirer affirmatively contributes to injury) and Kinsman v. Unocal Corp. (2005) 37 Cal.4th 659 (concealed-hazardous-condition exception — landowner knowingly fails to disclose a hazard).
On regulatory framework, federal OSHA standards at 29 CFR Part 1926 cover construction-specific safety requirements — fall protection, scaffolding, electrical, excavation, hazardous-energy. California Cal/OSHA delegated authority enforces equivalent and more-protective standards under Title 8 of the California Code of Regulations. OSHA citations are not directly admissible but underlying violations and the safety standards themselves are admissible as evidence of the standard of care.
On medical and damages, construction injuries produce a spectrum from soft-tissue injuries through catastrophic falls, crush injuries, electrocutions, and burns. Falls from height are the most frequent fatality category. Workers' comp covers medical and a percentage of wages; the third-party tort case covers the gap — full medical, full lost wages, pain and suffering, loss of consortium, and any future medical projections.
Burg & Brock has handled catastrophic-injury cases out of the Sherman Oaks headquarters and the regional offices since the firm's founding more than two decades ago. The firm tries cases. Carriers settle differently with firms that have taken comparable cases through trial. Settlement value of an LA County serious-injury case correlates strongly with the demonstrated willingness of plaintiff's counsel to seat a jury.
On infrastructure, the firm has standing relationships with board-certified life-care planners, forensic economists, vocational-rehabilitation experts, biomechanical engineers, accident reconstructionists, and the treating-team physicians at Cedars-Sinai, Ronald Reagan UCLA, Harbor-UCLA, Keck Medical Center of USC, Rancho Los Amigos National Rehabilitation Center, and Casa Colina Hospital and Centers for Healthcare. The expert-witness package is in place at intake.
On compensation structure, Burg & Brock works personal-injury cases on a contingency-fee basis. There is no upfront cost to the client. The fee is a percentage of the recovery, disclosed in the engagement letter. Case costs — expert fees, deposition transcripts, court-filing fees, life-care planner fees, economist fees — are advanced by the firm and reimbursed from the recovery. The consultation is free; a lawyer is available twenty-four hours a day on the (888) 528-8595 line. Spanish-speaking staff at every office.
Construction injuries run through California workers'-comp law, the Privette/Hooker/Kinsman line, and standard negligence and product-liability law for third-party defendants.
Privette v. Superior Court (1993) 5 Cal.4th 689 — general bar on hirer liability to independent-contractor employees. Hooker v. Department of Transportation (2002) 27 Cal.4th 198 — retained-control exception. Kinsman v. Unocal Corp. (2005) 37 Cal.4th 659 — concealed-hazardous-condition exception.
SeaBright Insurance Co. v. US Airways, Inc. (2011) 52 Cal.4th 590 — confirmed Privette framework, narrowed retained-control. Sandoval v. Qualcomm Inc. (2021) 12 Cal.5th 256 — most recent California Supreme Court reaffirmation of Privette.
Construction cases require coordinated comp and third-party-tort work. The third-party case is the principal recovery vehicle.
Operational note: the comp lien on a third-party recovery is negotiable. Burg & Brock negotiates the lien at the end of the case to maximize the client's net recovery.
Construction third-party liability typically reaches multiple defendants. The standard analysis includes:
The employer is generally barred by workers'-comp exclusivity. The third-party tort case is the principal recovery beyond comp benefits.
Economic damages on a construction case follow standard tort framework. The third-party recovery covers full medical, full lost wages, future medical care, and lost earning capacity. The comp benefits are credited or reimbursed through the comp lien.
Non-economic damages cover pain and suffering, disfigurement (significant for burn or fall cases), loss of enjoyment of life, and loss of consortium for a spouse.
Punitive damages under Civil Code §3294 in cases where the third-party defendant's conduct supports clear-and-convincing-evidence findings of malice.
| Case profile | Reported range | Drivers |
|---|---|---|
| Fall-from-height with multiple fractures | $385,000 – $1.4 million | Hooker exception, surgical course. |
| Fall with TBI | $725,000 – $2.5 million | Documented LOC, neuropsych testing. |
| Electrocution with severe injury | $525,000 – $2 million | Equipment defect or contractor-control exception. |
| Catastrophic construction injury | $2.5 million – $10+ million | Spinal-cord, severe TBI, life-care plan. |
| Construction wrongful-death | $2.0 million – $9+ million | CCP §377.60 heirs. |
Past results do not guarantee future outcomes. Each case is evaluated on its own facts and applicable law.
Burg & Brock has tried Privette/Hooker/Kinsman cases through California appellate review. The OSHA/Cal-OSHA records subpoenas and project-records discovery package are standardized.
Contingency fee. Free consultation.
LA County Superior Court — Stanley Mosk Courthouse — for cases in LA County. Workers'-comp claims proceed at the Workers' Compensation Appeals Board.
Cases against public-entity project owners require Government Code §911.2 written claim within six months.
No fee unless we recover. Free consultation. Seven California offices, including Sherman Oaks (HQ), Glendale, Beverly Hills, Irvine, Bakersfield, Visalia, and Modesto.
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