Reviewed by Adrianos Facchetti, Esq. · Updated November 2026
As a Glendale construction accident lawyer, Adrianos Facchetti hears the same story from injured workers. They were told to file a workers’ comp claim, get their medical bills paid and move on. The employer said it. The workers’ comp adjuster implied it. But workers’ comp is often not your only option.
In many construction accidents, someone other than your employer caused the danger. A general contractor, a subcontractor, a property owner or an equipment manufacturer can be sued separately, outside the workers’ comp system, for losses workers’ comp never pays. We can tell you whether you have that second claim before you make decisions that affect it.
The Law Offices of Adrianos Facchetti has represented injured people since 2006 and has handled more than 1,000 personal injury cases. As a Glendale personal injury lawyer, Adrianos handles construction claims alongside car, pedestrian and wrongful death cases. You pay no fee unless we win.
Call 626-793-8607. Someone answers 24/7, in English, Spanish or Portuguese.
Key Takeaways
- ✓Workers’ comp pays medical bills and part of your wages, but nothing for pain and suffering.
- ✓If a contractor, property owner or equipment maker caused your injury, you may also have a third-party claim under Labor Code § 3852.
- ✓You can usually pursue workers’ comp and a third-party claim at the same time.
- ✓Report your injury to your employer within 30 days, and file a third-party lawsuit within 2 years.
Talk to Us Before You Assume Workers’ Comp Is Your Only Option
A free consultation takes about five minutes. It could tell you that you have a separate claim worth far more than workers’ comp will pay. There’s no commitment, and you pay nothing unless we win.
Call 626-793-8607Why Glendale Construction Sites Are Dangerous
Glendale is building. Much of the recent commercial and residential construction is downtown, on and around Brand Boulevard. High-rise and mixed-use projects put large crews, heavy equipment and several contractors on the same site at once, and that mix creates real risk.
Hillside homebuilding in the Verdugo Hills and Montrose adds its own hazards: unstable soil, work at elevation, steep slopes and limited access for emergency vehicles.
Construction traffic and equipment move along San Fernando Road and Glenoaks Boulevard every day, and roadwork on Colorado Street and Central Avenue puts crews close to moving cars and pedestrians. When contractors cut corners on safety, workers get hurt.
What Is the Difference Between Workers’ Comp and a Third-Party Claim?
This is the question injured workers ask most, and the one almost nobody explains clearly.
| Workers’ compensation | Third-party injury claim | |
|---|---|---|
| Who pays | Your employer’s workers’ comp insurer | The negligent contractor, property owner or manufacturer and their insurer |
| Do you have to prove fault? | No, it’s a no-fault system | Yes, you must show the third party was negligent |
| Medical bills | Covered | Covered, past and future |
| Lost wages | About two-thirds of your pay, up to a weekly cap | Your full lost income, including overtime and benefits |
| Pain and suffering | Not covered | Covered |
| Reduced earning capacity | Limited | Covered in full |
| Law | Labor Code § 3700 and following | Labor Code § 3852 |
California Labor Code § 3700 requires most employers to carry workers’ comp insurance, and § 6400 requires them to provide a safe workplace. Labor Code § 3852 preserves your right to sue anyone else whose negligence caused your injury.
You can usually pursue both at once. Workers’ comp covers your medical care and part of your income now, while the third-party claim is investigated. If you recover from the third party, your employer’s insurer can generally be reimbursed for benefits it paid, so the two claims need to be handled together.
Who Can Be Liable for a Glendale Construction Accident?
Large construction projects bring many companies onto one site, so more than one party may share responsibility.
General Contractors
The general contractor runs the project and controls site safety. A GC can be liable for failing to enforce safety rules, allowing unsafe conditions to continue, or failing to coordinate subcontractors.
Subcontractors
A hazard created by another crew can injure workers who had nothing to do with that crew’s work. Poorly stored materials, unmarked excavations and unsecured scaffolding are common examples.
Property Owners
A property owner who knows about a hidden danger on the site and doesn’t disclose it can be held liable.
Equipment Manufacturers and Suppliers
When a scaffold part, lift, power tool or other equipment fails because of a design or manufacturing defect, the manufacturer may be liable under California product liability law. This claim is separate from your employment.
The Privette Rule: Why Contractor Claims Need a Careful Lawyer
California has a special rule for construction sites. Under Privette v. Superior Court, a company that hires an independent contractor is generally not liable for injuries to that contractor’s employees. Many claims fail because of it.
There are important exceptions. A hirer can still be liable if it retained control over the work and its actions contributed to the injury, a principle from Hooker v. Department of Transportation. A property owner can also be liable for a concealed hazard the contractor couldn’t reasonably discover, under Kinsman v. Unocal. Whether your case fits an exception depends on who controlled the site and what each party knew, so we investigate that first.
Common Construction Accidents We Handle in Glendale
These are the accidents we see most often on Glendale job sites:
- !Scaffolding collapses: one failed connection or support can bring down a section with several workers on it.
- !Falling tools and materials: a small object dropped from a few stories up can cause serious injury or death.
- !Electrocution: exposed wiring, temporary power and work near power lines.
- !Trench and excavation collapses: unsupported trenches give workers no time to escape, and proper shoring prevents almost all of them.
- !Heavy equipment accidents: cranes, forklifts, concrete mixers and compactors.
- !Workers struck by traffic: on streets like San Fernando Road, Colorado Street and Glenoaks Boulevard, a passing car can hit a worker in seconds.
- !Ladder falls: usually caused by poor setup, damaged ladders or unstable ground.
- !Slips and trips: wet concrete, loose debris, uneven temporary flooring and unmarked hazards.
- !Toxic exposure: asbestos, lead, silica dust and chemical solvents, with effects that may appear years later.
- !Another contractor’s negligence: a worker from one subcontractor is hurt by conditions another crew created, one of the most common third-party claims.
How Can Cal/OSHA Violations Help Your Case?
Cal/OSHA, California’s Division of Occupational Safety and Health, sets and enforces safety standards for every California employer. After a serious accident, Cal/OSHA may investigate and cite the employer or general contractor.
Those citations can be powerful evidence. In Elsner v. Uveges, the California Supreme Court held that Cal/OSHA regulations can be used to show the standard of care in a third-party negligence case. A citation doesn’t prove liability on its own, but it’s strong evidence that a party created or ignored a dangerous condition.
If Cal/OSHA investigated your accident, we request those records right away. If it didn’t, we compare the site conditions with the Cal/OSHA construction standards in Title 8 of the California Code of Regulations, covering fall protection, scaffolding, excavation and electrical safety.
What Should You Do After a Construction Accident in Glendale?
These steps protect both your health and your claim:
- 1Get medical care right away. Call 911 for a serious injury, and don’t refuse treatment at the scene. Records made that day are key evidence.
- 2Report the injury to your employer in writing, within 30 days under Labor Code § 5400, and keep a copy.
- 3Document everything you can: the scene, the hazard, the equipment, any missing warning signs and your injuries. Take photos before anything is moved or cleaned up.
- 4Get witness names and phone numbers. Job sites change quickly, so co-workers’ accounts matter.
- 5Preserve physical evidence. Don’t let anyone throw away or repair the broken scaffold, ladder or tool until a lawyer has seen it.
- 6Don’t give a recorded statement to the workers’ comp insurer or the general contractor’s liability insurer. Politely say your attorney will be in touch.
- 7Call us before you settle your workers’ comp claim. Filing workers’ comp is usually the right first step, but how it’s handled can affect your third-party claim.
How Long Do You Have to File?
| Step | Deadline | Law |
|---|---|---|
| Notify your employer of the injury | Within 30 days | Labor Code § 5400 |
| Third-party injury lawsuit | 2 years from the injury | CCP § 335.1 |
| Claim against a public agency, such as a city project | 6 months to file a government claim first | Gov. Code § 911.2 |
| Wrongful death lawsuit | Generally 2 years from the death | CCP § 335.1 |
Don’t settle your workers’ comp claim before you know if you have a second claim.
Get a Free Case ReviewWhat Compensation Can a Third-Party Claim Recover?
Workers’ comp covers only part of your losses. A third-party claim can recover the rest:
- ✓Medical expenses: emergency care, surgery, hospital stays, therapy, medication and future treatment
- ✓Full lost wages: not just the partial amount workers’ comp pays, including overtime and benefits
- ✓Lost earning capacity: if your injury keeps you from returning to construction or reduces what you can earn
- ✓Pain and suffering: physical pain and emotional distress, which workers’ comp never pays
- ✓Scarring and disfigurement
- ✓Permanent disability: the effect on your independence, relationships and future
- ✓Wrongful death: lost financial support, companionship and funeral costs for families after a fatal accident
Results in Serious Injury Cases
$1,000,000
Premises Liability
Settlement after an elevator was left broken for six months.
$5,000,000
Auto vs. Truck Crash
Confidential settlement.
$2,750,000
Motorcycle Crash
More than 27 times the at-fault driver’s policy limits.
You can see all 21 results on our Case Results page.
Prior results do not guarantee a similar outcome. Every case depends on its own facts.
About Adrianos Facchetti
Adrianos Facchetti has been licensed to practice law in California since 2006, State Bar No. 243213, and has handled more than 1,000 personal injury cases across Los Angeles County, including construction accident cases against general contractors, subcontractors and equipment manufacturers.
He holds a 10.0 Avvo rating and the Martindale-Hubbell AV Preeminent rating, the firm is BBB A+ accredited, and it was voted Burbank’s Best in 2026. Read his full bio.
Frequently Asked Questions About Glendale Construction Accidents
+Can I Sue My Employer for a Construction Accident?
Usually not. Workers’ comp is generally the only remedy against your own employer. But you can often sue a third party, such as a general contractor, another subcontractor, the property owner or an equipment maker, whose negligence caused your injury.
+Will a Third-Party Claim Affect My Workers’ Comp Benefits?
You can usually keep receiving workers’ comp while you pursue a third-party claim. If you recover money from the third party, the workers’ comp insurer can generally be reimbursed for what it paid, so both claims should be coordinated by one lawyer.
+What If I Was Partly at Fault?
You can still recover in a third-party claim. California’s pure comparative fault rule reduces your award by your share of fault. Workers’ comp benefits don’t depend on fault at all.
+Can I File a Claim If I’m Undocumented?
Yes. In California, workers’ comp and personal injury claims are available regardless of immigration status. We speak Spanish and Portuguese, and consultations are confidential.
+What If a Family Member Died in a Construction Accident?
Surviving family members may receive workers’ comp death benefits and may also bring a wrongful death claim against a negligent third party, generally within two years.
Talk to a Glendale Construction Accident Lawyer Today
Workers’ comp may not be your only option. A free conversation with a Glendale construction accident lawyer can tell you whether you have a separate claim that covers what workers’ comp never will.
- Free, confidential consultation
- No fee unless we win
- Someone answers 24/7, in English, Spanish or Portuguese
Call 626-793-8607 or tell us what happened. Most people talk to a lawyer the same day.
This page is general information, not legal advice. Results vary, and past results don’t guarantee future outcomes.
