Construction work is inherently dangerous, but some types of accidents consistently lead to more injuries and deaths than others. The accident that kills most construction workers is a fall from height, such as from scaffolding, ladders, roofs, or other elevated surfaces.
If you’ve lost a loved one due to a fatal construction accident or if you were injured in a fall on a job site, you may be entitled to compensation through a workers’ compensation claim or third-party personal injury lawsuit. An experienced Los Angeles personal injury lawyer can help you understand your rights under California law.
The “Fatal Four” Accidents That Kill Most Construction Workers
According to data from the Occupational Safety and Health Administration (OSHA), falls account for more than one–third of all construction-related fatalities in the United States each year.
Falls are especially deadly because they often involve head trauma, internal injuries, or spinal cord damage, many of which are fatal even when proper medical care is administered quickly. OSHA has identified the top four causes of construction worker deaths, commonly referred to as the “Fatal Four.” These accidents include:
- Falls: The most deadly construction accident by far
- Struck–by objects: Often involving falling tools, equipment, or materials
- Electrocutions: Caused by contact with live wires or faulty electrical systems
- Caught–in/between incidents: Involving workers being crushed between heavy machinery or collapsed structures
Among these, falls are consistently the number one cause of construction worker fatalities, year after year.
Employer Responsibility Regarding Fall Prevention in California
Under Cal/OSHA regulations, construction companies in California are legally required to protect workers from fall hazards. This includes:
- Providing personal fall arrest systems (PFAS)
- Installing guardrails or safety net systems
- Offering training on fall hazards and equipment use
- Ensuring scaffolding is secure and up to code
- Using ladders that meet safety standards
- Conducting regular site safety inspections
When employers ignore safety protocols, cut corners, or fail to provide adequate protective equipment, they put workers’ lives at risk. In such cases, victims or their families may be eligible for more than just workers’ compensation. A knowledgeable wrongful death lawyer can help you understand your rights regarding filing a wrongful death lawsuit.
Workers’ Compensation vs. Third-Party Lawsuits
If a fall or another accident kills a construction worker, their family may be eligible for workers’ compensation death benefits. These benefits are available regardless of fault and typically cover funeral and burial expenses, along with partial wage replacement for surviving dependents.
However, workers’ compensation does not provide compensation for pain and suffering, and your claim may not fully reflect the financial and emotional loss your family has experienced.
In some cases, a third-party personal injury or wrongful death lawsuit may be filed in addition to workers’ compensation. This can happen when a party other than the employer (such as a subcontractor, equipment manufacturer, or property owner) was responsible for the accident. A third-party lawsuit can help families recover:
- Full compensation for lost income and benefits
- Pain and suffering damages
- Loss of companionship
- Punitive damages in cases of gross negligence or intentional harm
Can You File a Lawsuit for a Fatal Construction Accident?
In California, workers’ compensation laws generally bar families from suing the direct employer of the deceased for workplace deaths. However, there are exceptions, such as:
- Employer intentionally caused harm
- Fraudulent concealment of injury
- Dual capacity (employer also acts as manufacturer of defective product)
It’s important to speak with a knowledgeable construction accident attorney who can review the specific facts of the case and determine all potential sources of liability.
Steps to Take After a Fatal Construction Accident
If you’ve lost a loved one in a construction accident, taking action may feel overwhelming. Fortunately, you don’t have to go through the process alone.
Here are a few steps to take to help with your case:
- Report the incident to Cal/OSHA and the employer.
- Preserve evidence, including photos, safety equipment, and witness information.
- Request a copy of the Cal/OSHA investigation report.
- Consult a construction accident attorney to explore your legal options.
Your attorney can help you file for workers’ compensation, investigate third-party liability, and pursue the full compensation your family deserves.
How Do Falls Happen on Construction Sites?
Part of the reason why falls kill most construction workers is that they can happen in a variety of ways on a construction site. Workers frequently operate at dangerous heights and often rely on protective systems like harnesses, guardrails, or scaffolding, but when these fail or are absent, a simple slip can become fatal.
Common causes of fatal falls include:
- Working on unsecured scaffolding
- Climbing or descending ladders without fall protection
- Roofing work with no edge protection
- Improper use or absence of safety harnesses
- Working on elevated platforms or structural beams
- Slippery or unstable surfaces, especially in wet weather
In many cases, these falls are preventable. Construction employers are required by law to provide fall protection systems, safety training, and proper supervision. When they fail to do so, they may be held liable. An experienced construction accident lawyer can help you understand your legal rights.
What Makes Falls So Dangerous?
Falls often result in severe, life-threatening injuries, particularly when a worker lands on a hard surface like concrete or steel. Even a fall from a relatively low height can be deadly.
The most common injuries from construction site falls include:
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Broken neck or back
- Internal bleeding
- Organ damage
- Compound fractures
These types of injuries can result in instant death or critical medical emergencies. Even when workers survive, they may face permanent disability and be unable to return to work.
Speak With an Experienced California Construction Accident Lawyer Today
At Omega Law Group Accident & Injury Attorneys, we have represented injured workers and grieving families throughout California. If your loved one was killed in a fatal fall or any other job-related incident, we are here to help. Our legal team has recovered millions of dollars in verdicts and settlements on behalf of injured clients and their families.
We know how to investigate workplace accidents, hold negligent parties accountable, and fight for justice in the face of tragedy. Contact us today for a free consultation. You pay nothing unless we win.