San Francisco Work Injury Lawyers

Do I Have a Personal Injury Case for a Work Injury?

If you were hurt at work, your first question is likely whether you can do more than file a workers’ comp claim. The truth is, not every workplace injury qualifies for a civil lawsuit, but many do, and the difference in potential compensation can be substantial.

A successful third-party personal injury case requires proving that someone other than your employer or co-worker caused your injury through negligence, unsafe conditions, or a defective product. While that sounds straightforward, the legal and factual details can be complex.

You may have a case if:

• You were injured by a contractor, subcontractor, or worker from another company on the jobsite
• You were working on property owned or controlled by someone other than your employer, and a hazard caused your injury
• A defective machine, tool, or piece of equipment malfunctioned and caused harm
• You were struck by a vehicle while working off-site or making deliveries
• A utility company or third-party crew failed to mark or manage electrical, gas, or water hazards
• You were not given proper warnings, supervision, or protective equipment while working under someone else’s direction

In many of our cases, workers didn’t know they had a civil claim until we investigated. These situations often involve multiple parties, unclear jobsite responsibilities, or long chains of contracts, and figuring out who’s liable requires experience.

If you're not sure whether you have a claim, call us. Our team can quickly assess whether third-party liability may apply and explain your legal options in a free consultation.

Who Can Be Held Liable for a Workplace Injury?

In many serious job-related accidents, someone outside your employer may have caused or contributed to what happened. These third-party claims are often the key to recovering the full compensation you need.

Here are some of the most common potentially liable parties in workplace injury cases:

• General Contractors and Subcontractors: Responsible for managing worksite safety. If their crews created a dangerous condition or failed to follow protocols, they may be liable.
• Property Owners or Site Managers: Can be held accountable for unsafe premises, such as unguarded openings, falling hazards, or unmarked utility lines.
• Product Manufacturers, Designers, and Distributors: If a tool, machine, or piece of safety equipment was defective, you may have a product liability claim.
• Equipment Rental or Maintenance Companies: Can be liable if rented or maintained equipment failed due to improper service, inspection, or repair.
• Utility Companies and Infrastructure Contractors: Often implicated in electrocution, explosion, or trench collapse cases involving poorly marked or maintained lines.
• Delivery Drivers, Commercial Operators, or Outside Vendors: If you were struck by a vehicle or injured by a third-party contractor, vendor, or service provider, they may bear responsibility.
• Architects and Engineers: Can be liable when their design or site plans contribute to structural failures or unsafe construction conditions.
• Temporary Staffing Agencies or Labor Brokers: May be held liable if they placed you in an unsafe environment or failed to disclose known hazards.
• Employers (in rare cases): While most lawsuits against employers are barred by the workers’ compensation system, exceptions exist. For example, if the employer intentionally caused harm, concealed a known danger, or engaged in fraudulent concealment of a workplace hazard.

These cases often require careful investigation into who controlled the worksite, who had safety responsibilities, and which parties contributed to the dangerous condition. Our firm has decades of experience handling multi-party workplace injury cases, and we know how to hold each liable party accountable.

What Compensation Can You Recover in a Third-Party Work Injury Lawsuit?

If your workplace injury was caused by someone other than your employer, a third-party personal injury lawsuit may allow you to recover far more than what workers’ compensation provides. While workers’ comp covers basic medical care and partial wage replacement, it does not provide compensation for pain, suffering, or long-term personal loss.

In a third-party claim, you may be entitled to the full range of damages available under California personal injury law, including:

• Medical Expenses: All past and future medical costs related to the injury, including surgery, hospitalization, rehabilitation, in-home care, and mobility devices.
• Lost Wages: Income you lost while recovering from your injuries, including time missed for surgeries, treatment, or temporary disability.
• Loss of Earning Capacity: If your injury impacts your ability to work in the future,  whether in the same field or at all, you may be compensated for that long-term loss.
• Pain and Suffering: Compensation for the physical pain, emotional distress, trauma, and loss of enjoyment of life resulting from your injury.
• Disfigurement or Permanent Disability: Additional compensation for injuries that permanently change your appearance, mobility, or function, such as amputations, spinal cord injuries, or severe burns.
• Loss of Consortium or Household Services: If your injuries affect your relationship with your spouse or ability to care for your household or children, these losses may also be included.
• Wrongful Death Damages (if applicable): If your loved one died due to a workplace injury caused by a third party, surviving family members may be entitled to compensation for funeral costs, loss of financial support, companionship, and more.

Because these lawsuits are fault-based, compensation depends on proving liability, establishing the extent of damages, and demonstrating how the injury has impacted your life. These cases are often high-stakes, particularly when they involve catastrophic injuries like brain trauma, paralysis, or loss of limb, all of which require expert analysis to calculate long-term costs.

At Rouda Feder Tietjen & McGuinn, we’ve helped countless clients recover the compensation they needed not just to survive, but to rebuild their lives with dignity, care, and financial security.

How Long Do I Have to File a Work Injury Lawsuit in California?

If you’re considering legal action after a workplace injury, it’s critical to understand that you don’t have unlimited time to file. In California, the statute of limitations for most third-party personal injury claims, including those arising from work injuries, is two years from the date of injury.

However, certain circumstances can shorten or extend that window:

• Claims Involving Government Entities: If your injury involved a public agency or utility (such as a city-run transportation or utility department), you must file a government claim within six months of the injury. Failing to meet that deadline can bar your case entirely.
• Delayed Discovery: In some cases, such as exposure to hazardous materials or latent injuries, the two-year clock may not start until you reasonably discovered the injury and its connection to the responsible party.
• Wrongful Death Claims: If a loved one died because of a workplace injury, family members typically have two years from the date of death to pursue a wrongful death lawsuit.
• Workers’ Compensation Deadlines (separate): If your claim involves workers’ comp in addition to a third-party lawsuit, be aware that workers’ comp claims have separate deadlines and procedures.

Even if you think you have time, it’s always best to speak with a lawyer as soon as possible. Workplace injury cases often involve multiple parties, contract disputes, and safety investigations, and early action preserves evidence, protects your rights, and gives your legal team time to build the strongest possible case.

Call Our San Francisco Work Injury Lawyers Today

At Rouda Feder Tietjen & McGuinn, we’ve recovered hundreds of millions of dollars for workers and families across the Bay Area. Whether you were injured on a construction site, warehouse, roadway, or jobsite of any kind, we’re here to help you understand your rights and pursue the compensation you deserve.

Call (415) 940-7176 or contact us online for a free consultation. You pay no legal fees unless we win your case. Se habla español.