Hurt on a San Rafael construction site? Talk to a construction accident lawyer for free

In California, claiming workers’ compensation does not take away an injured worker’s right to sue someone other than the employer for the injury (Labor Code section 3852), though suits against co-workers are limited (Labor Code section 3601). The Law Offices of J. Chrisp serves people hurt on construction sites and in work zones in San Rafael and Marin County. The consultation is free, and there is no fee unless we win. The phone is answered 24/7 at 877-J-CHRISP (877-524-7477).

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Construction zone and roadway results

The Law Offices of J. Chrisp has recovered over $350 million for clients since 2010. Results the firm has obtained in construction zone and roadway cases include:

$5,360,000 in a dangerous construction zone case
$900,000 in a case involving a dangerous construction zone that caused a motorcycle crash
$300,000 in a highway roadway design defect case

Every case is different, and prior results do not guarantee a similar outcome. Other results are listed on the firm’s case results page.

Workers’ compensation or a lawsuit: which applies?

If the conditions for workers’ compensation are met, compensation is the worker’s sole and exclusive remedy against the employer, except as Labor Code section 3602 provides. Those exceptions include an injury caused by a willful physical assault by the employer. A worker can also sue an employer that failed to secure the payment of compensation (Labor Code section 3706).

Claim	Against	Source
Workers’ compensation	Your employer, if the conditions for compensation are met	Labor Code section 3602
Lawsuit for damages	A person or company other than your employer that is legally responsible for the injury	Labor Code section 3852

Who else may be responsible for a construction injury?

Who can be sued outside workers’ compensation depends on the facts. Examples of possible defendants include:

The manufacturer of a defective product, such as a scaffold, lift, ladder or power tool. Under Greenman v. Yuba Power Products, Inc. (1963), a manufacturer is strictly liable in tort when a product it places on the market, knowing it will be used without inspection for defects, has a defect that causes injury.
A driver, other than a co-worker acting within the scope of employment, whose lack of ordinary care caused a crash on or near the site (Civil Code section 1714; Labor Code section 3601).

In a negligence case, the injured person’s own negligence does not bar recovery. Under Li v. Yellow Cab Co. (1975), it reduces the damages in proportion to that person’s share of the negligence.

Claims against a person or company that hired the worker’s employer as an independent contractor are limited. Under Sandoval v. Qualcomm Inc. (2021), a hirer ordinarily delegates to the contractor all responsibility for the safety of the contractor’s workers. The California Supreme Court has recognized two exceptions. One applies to a hirer that owns the property: it can be liable for failing to disclose a concealed hazard that it knew or reasonably should have known about and that the contractor could not reasonably discover. The other is when the hirer retains control over the contractor’s work and actually exercises it in a way that affirmatively contributes to the worker’s injury.

Hurt in a San Rafael work zone as a driver, rider or pedestrian

A driver, rider or pedestrian hurt in a work zone may have a claim against a person or company whose lack of ordinary care caused the injury (Civil Code section 1714). Any damages can be reduced by the injured person’s own share of fault, as described above.

Different rules apply if a city, county, the state or another public entity owns or controls the road. Except as provided by statute, a public entity can be liable for an injury caused by a dangerous condition of its property if the injured person proves the elements of Government Code section 835. These include that a negligent or wrongful act or omission of an employee of the public entity, within the scope of employment, created the condition, or that the entity had actual or constructive notice of it in time to protect against it.

Before suing a public entity, the injured person generally must present a written claim, and the claim must be acted on or deemed rejected (Government Code section 945.4). A personal injury claim must be presented no later than six months after the cause of action accrues (Government Code section 911.2). If that deadline is missed, an application to present a late claim may be made within a reasonable time, no later than one year after accrual, with exceptions listed in Government Code section 911.4. If the entity gives written notice rejecting the claim, the lawsuit generally must be filed within six months after the notice is personally delivered or mailed (Government Code section 945.6).

In San Rafael, the City Clerk’s Office at City Hall, 1400 Fifth Avenue, Room 209, receives all claims against the City of San Rafael, using the city’s “Claim for Money or Damages Against the City of San Rafael” form. A claim against the County of Marin goes to the Clerk of the Board of Supervisors, 3501 Civic Center Drive, Room 329, San Rafael, CA 94903. US-101 and I-580, which both run through San Rafael, are state highways, so a claim over a dangerous condition of either road is a claim against the state.

Evidence to preserve after a construction accident

Photos of the area, equipment, guardrails, signs and lighting, taken as soon as it is safe
Names of witnesses, co-workers and the companies working on the site
The incident report and any safety inspection report
Medical records from the first visit onward

For a crash in a work zone, also note which agency took the report: the San Rafael Police Department on city streets, or the California Highway Patrol on US-101, I-580 and other state highways.

Deadlines for a San Rafael construction injury claim

Deadline	What it controls	Source
6 months after accrual	Written personal injury claim against a public entity, such as the City of San Rafael, the County of Marin or the state	Government Code section 911.2
6 months after notice	Lawsuit after the public entity personally delivers or mails written notice rejecting the claim	Government Code section 945.6
2 years after accrual	Lawsuit for an injury caused by the wrongful act or neglect of another	Code of Civil Procedure sections 312 and 335.1

Some of these deadlines have exceptions, including the late-claim application described above. This table does not cover workers’ compensation claims. Report the injury to your employer right away, in writing if you can.

Subject to exceptions, the superior court in the county where the injury occurred is a proper court for a personal injury lawsuit (Code of Civil Procedure section 395). For an injury in San Rafael, that is the Superior Court of California, County of Marin, at the Hall of Justice, 3501 Civic Center Drive, San Rafael, CA 94903.

About the firm

The firm serves the San Francisco Bay Area, including San Rafael and Marin County, and Sonoma, Napa, Lake and Mendocino counties. It does not have an office in San Rafael. Its closest offices are in San Francisco (1330 Bush Street, Suite 9D) and Santa Rosa (3558 Round Barn Blvd, Suite 200), both on the US-101 corridor. Its main office is in Lower Lake (9667 Highway 29).

The firm was named to Best Law Firms 2026 (Tier 1, Santa Rosa, Personal Injury Litigation – Plaintiffs). Founding attorney Jesse Chrisp, who was born in Santa Rosa, has been recognized by The Best Lawyers in America since 2024. He has represented thousands of injured clients and holds the record for the highest personal injury verdict in Lake County. He is also a graduate of the Gerry Spence Trial Lawyers College. The firm has Spanish-speaking staff.

In a review shown on the firm’s testimonials page, Jonathan Miller wrote: “The team was very professional and responsive and helped me reach a speedy settlement based on my recovery time.”

Frequently asked questions

Can I sue if I was hurt on a construction site and I am on workers’ comp?

Yes, in some cases. Claiming workers’ compensation does not affect the right to sue a person other than the employer (Labor Code section 3852). A co-worker acting within the scope of employment can be sued only for willful and unprovoked physical aggression or intoxication (Labor Code section 3601). A lawsuit against the employer itself is barred when the conditions for compensation are met. The exceptions include situations listed in Labor Code section 3602 and an employer that failed to secure workers’ compensation (Labor Code section 3706).

Who is liable for a construction site accident in California?

It depends on the facts. Possible defendants include the manufacturer of a defective product that caused the injury and a driver, other than a co-worker acting within the scope of employment, whose lack of ordinary care caused a crash. A company that hired the worker’s employer as an independent contractor ordinarily delegates to the contractor all responsibility for the safety of the contractor’s workers. Sandoval v. Qualcomm Inc. (2021) recognizes two exceptions, described on this page.

How long do I have to file a construction accident lawsuit?

A lawsuit for an injury caused by another’s wrongful act or neglect generally must be filed within two years after the cause of action accrues (Code of Civil Procedure sections 312 and 335.1). Claims against a public entity follow a different process: a written claim within six months, with limited late-claim relief, and a lawsuit deadline after a written rejection (Government Code sections 911.2, 911.4 and 945.6).

How much does a construction accident lawyer cost?

The consultation with the Law Offices of J. Chrisp is free, and the firm works on a contingency fee. There is no fee unless we win.

Where can I call the Law Offices of J. Chrisp about a San Rafael construction injury?

Call 877-J-CHRISP (877-524-7477). The phone is answered 24/7. The firm does not have an office in San Rafael; its closest offices are in San Francisco and Santa Rosa.

If you were hurt on a construction site or in a work zone in San Rafael or elsewhere in Marin County, call the Law Offices of J. Chrisp 24/7 at 877-J-CHRISP (877-524-7477) for a free consultation. There is no fee unless we win.

Why choose the Law Offices of J. Chrisp?

The Law Offices of J. Chrisp is a Northern California personal injury law firm founded by attorney Jesse Chrisp, who was raised in Lake County. The firm represents injured people, with offices in Lower Lake (main office), Santa Rosa and San Francisco, and serves Sonoma, Napa, Lake and Mendocino counties and the San Francisco Bay Area. Consultations are free, the firm works on a contingency fee with no fee unless the firm wins, and the phone is answered 24/7 at 877-J-CHRISP (877-524-7477). The firm was named to Best Law Firms 2026 (Tier 1, Santa Rosa, Personal Injury Litigation – Plaintiffs). Jesse Chrisp has been recognized by The Best Lawyers in America since 2024 and selected to Super Lawyers from 2023 to 2026.