Santa Clarita is one of the most active construction markets in Los Angeles County. Master-planned development continues north and west of the city, commercial and industrial buildout carries on through the Valencia Industrial Center, roadway and utility work runs constantly along Golden Valley Road, Newhall Ranch Road and the I-5 corridor, and tenant improvement work is ongoing across Valencia and Canyon Country.
Construction pays well because it is dangerous. When a fall protection anchor was never installed, a trench was never shored or a subcontractor’s crane operator swung a load over an occupied work area, the injury that follows was preventable. Djougourian Law Corp represents injured construction workers throughout the Santa Clarita Valley.
Understanding Construction Injury Risk
Construction consistently records more fatal work injuries than any other private industry sector, according to the Bureau of Labor Statistics Census of Fatal Occupational Injuries. OSHA identifies the Focus Four hazards – falls, struck-by, caught-in or between, and electrocution – as responsible for the large majority of construction deaths.
In California, Cal/OSHA enforces the safety orders in Title 8 of the California Code of Regulations. Fall protection requirements for construction appear in Title 8 Section 1670, and excavation and shoring requirements appear in the Title 8 Article 6 excavation orders. A Cal/OSHA citation following an incident is significant evidence in a civil case.
Workers’ Compensation Is Not the Whole Picture
This is the single most important thing to understand about a construction injury.
Workers’ compensation is generally your exclusive remedy against your direct employer under Labor Code Section 3600. It pays medical treatment and partial wage replacement regardless of fault. It does not pay for pain and suffering, and it caps wage benefits well below actual earnings.
A third-party claim is different. On a typical Santa Clarita jobsite there are a general contractor, multiple subcontractors, a property owner, a developer, equipment lessors, and manufacturers of tools and materials. If any of them, other than your employer, contributed to the injury, you can bring a negligence claim against them for full damages, including pain and suffering and complete wage loss. That claim runs alongside your workers’ compensation benefits, not instead of them.
Most injured workers are never told this. It is frequently the difference between a modest benefit stream and a recovery that actually covers a lifetime of consequences.
Common Construction Accidents
Falls from height. Roofs, scaffolds, ladders, leading edges, unguarded floor openings and elevated platforms.
Struck-by. Falling tools and materials, swinging loads, moving equipment and vehicles in work zones along Newhall Ranch Road and the I-5 corridor.
Caught-in and between. Trench collapse, unguarded machinery, equipment pinch points, and workers crushed between a vehicle and a fixed object.
Electrocution. Contact with overhead lines, energized panels worked without lockout and tagout, defective tools and damaged cords.
Scaffold failure. Improper erection, missing planking, missing guardrails, overloading and inadequate inspection.
Crane and hoist incidents. Load drops, boom contact with power lines, outrigger failure and improper rigging.
Trench and excavation collapse. Unshored or unsloped excavations, which fail without warning.
Heat illness. Summer temperatures in the Santa Clarita Valley routinely exceed those on the coastal side, and California has specific heat illness prevention requirements for outdoor work.
Where This Happens in Santa Clarita
- Residential development north and west of the city
- Valencia Industrial Center commercial and warehouse construction
- Roadway and utility work on Golden Valley Road, Newhall Ranch Road and Sierra Highway
- I-5 and SR-14 Caltrans corridor projects
- College of the Canyons and public facility construction
- Tenant improvement and remodel work in Valencia and Canyon Country retail centers
How We Build These Cases
Immediate scene preservation. Jobsites change daily. Photographs, equipment inspection and witness statements need to happen now.
Cal/OSHA records. We obtain the inspection file, citations, abatement documents and investigator notes.
Contract analysis. Prime contracts, subcontracts, safety plans and indemnity provisions determine who controlled the work and who owed what duty.
Identifying every defendant. General contractor, subs, owner, developer, lessor, manufacturer.
Coordinating with the comp claim. Workers’ compensation carries a lien on third-party recovery. Handling the lien correctly can significantly change what reaches you.
Damages proof. Life care planning, vocational rehabilitation assessment and economic analysis for workers who cannot return to the trades.
Frequently Asked Questions
Can I sue my employer?
Generally no, because of workers’ compensation exclusivity under Labor Code Section 3600. Narrow exceptions exist. What you can do is sue every other negligent party on the site.
Will filing a third-party claim affect my workers’ compensation?
No. They are separate proceedings. The comp carrier does have a lien on any third-party recovery, which we address as part of the case.
What if I am undocumented?
California law protects injured workers regardless of immigration status. You have the right to workers’ compensation benefits and to bring a third-party claim.
What if I was a contractor rather than an employee?
If you have no comp coverage, a negligence claim may be your primary route, and it may include a claim against the hiring party.
How long do I have?
Third-party negligence claims are generally subject to the two-year limit in Code of Civil Procedure Section 335.1. Workers’ compensation has its own, shorter reporting deadlines. Do not wait.
What if a Cal/OSHA citation was issued?
It is strong evidence of a safety violation and helps establish negligence, though the civil case still requires proof of causation and damages.
Contact a Santa Clarita Construction Accident Attorney
If you were told workers’ compensation is all you get, get a second opinion before you accept that. Call 818-530-0000 or request a free case review.
Citations and References
- U.S. Census Bureau, QuickFacts: Santa Clarita city, California
- Bureau of Labor Statistics, Census of Fatal Occupational Injuries
- OSHA, Construction Focus Four
- California Division of Occupational Safety and Health, Cal/OSHA
- Cal/OSHA Title 8 Section 1670, Personal Fall Arrest Systems
- California Labor Code Section 3600
- California Code of Civil Procedure Section 335.1
