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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 across the San Francisco Bay Area. 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).
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:
Every case is different, and prior results do not guarantee a similar outcome. Other results are listed on the firm’s case results page.
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 can be sued outside workers’ compensation depends on the facts. Examples of possible defendants include:
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.
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).
Take photos and collect witness names as early as it is safe to do so.
| Deadline | What it controls | Source |
|---|---|---|
| 6 months after accrual | Written personal injury claim against a public entity, such as a city, county 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 Francisco, that is the Superior Court of California, County of San Francisco.
The firm serves the San Francisco Bay Area and Sonoma, Napa, Lake and Mendocino counties. Its main office is in Lower Lake (9667 Highway 29), and its other offices are in San Francisco (1330 Bush Street, Suite 9D) and Santa Rosa (3558 Round Barn Blvd, Suite 200).
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.”
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).
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.
You may have a claim against a person or company whose lack of ordinary care caused the injury (Civil Code section 1714). Your own share of fault can reduce the damages. If a public entity owns or controls the road, a written claim generally must be presented within six months after the cause of action accrues (Government Code sections 911.2 and 945.4).
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).
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.
If you were hurt on a construction site or in a work zone in the Bay Area, 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.
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.
Catastrophic Injury Lawyer Serving the North Bay
Hit by a Company Vehicle or Delivery Truck: Can You Sue the Company? (link once published)
Labor Code section 3602, section 3706 and section 3852, California Legislative Information
Civil Code section 1714, California Legislative Information
Government Code section 835, section 911.2, section 911.4, section 945.4 and section 945.6, California Legislative Information
Code of Civil Procedure section 312, section 335.1 and section 395, California Legislative Information
Labor Code section 3601, California Legislative Information
Greenman v. Yuba Power Products, Inc. (1963) 59 Cal.2d 57, Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 and Sandoval v. Qualcomm Inc. (2021), Justia
Case results, chrisplaw.com
Jesse Chrisp attorney profile, chrisplaw.com
Testimonials, chrisplaw.com
Attorney Advertising. This page provides general information about California law and is not legal advice for any specific situation. Prior results do not guarantee a similar outcome. Last updated October 2026.
Yes, in many cases. Members of the public hurt by unsafe construction work may sue the responsible contractor, property owner, or driver. Injured workers generally cannot sue their own employer. They may, however, file a lawsuit against negligent third parties while receiving workers’ compensation benefits.
An injured person should seek medical care right away, even when symptoms seem mild, and report the accident to an employer or police. Photographs of signage, lane markings, equipment, and visible injuries preserve critical evidence. Collecting witness names, declining recorded statements to insurers, and contacting the Law Offices of J. Chrisp early all help protect the claim before job sites change.
Most California construction injury lawsuits must be filed within two years of the injury. California Code of Civil Procedure Section 335.1 sets this two-year limit for injury and wrongful death claims caused by another party’s negligence. A case against a public entity, such as Caltrans or the City of Santa Rosa, requires a formal government claim within six months, so prompt action matters.
Yes. California follows a pure comparative fault rule, so a partly responsible person may still recover damages. Any award decreases by that person’s percentage of fault. Insurers often exaggerate a victim’s share of blame, so careful investigation matters.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Jesse Chrisp, who has been continuously recognized as a leader in personal injury law since starting his law firm in 2010.
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