Construction sites propel our city’s growth, from new developments in Seven Oaks to infrastructure projects along Truxtun Avenue. When safety is compromised, however, the results can be devastating. The most common construction accidents in Bakersfield often stem from falls, equipment malfunctions, and electrocutions. 

After an injury, you may feel lost in a confusing system of reports and insurance claims. A Bakersfield construction injury lawyer handles cases involving these incidents. An attorney’s experience provides clarity on your rights and helps you work toward a fair resolution.

Key Takeaways

  • Common construction accidents in Bakersfield include falls, strikes by objects, and electrocutions.
  • Workers’ compensation isn’t always your only source of financial recovery after a workplace injury.
  • You may have a third-party claim against a negligent contractor, equipment maker, or property owner.
  • OSHA investigation findings can provide powerful evidence in a personal injury lawsuit.

Construction worker in a yellow safety vest and hard hat holding his lower back in pain at a construction site.Common Accidents on Bakersfield Construction Sites

While every worksite presents unique dangers, a few types of incidents are responsible for a large percentage of injuries. Common construction accidents in Bakersfield are often the focus of safety regulations due to their high potential for severe harm. 

Falls From Heights

Falls are a leading cause of serious injury and death in the construction industry. These incidents can happen from scaffolding, ladders, roofs, or unfinished structural levels. They often result from improper fall protection, such as guardrails or personal fall arrest systems. 

Struck-By-Object Accidents

The dynamic environment of a construction site means objects are constantly in motion. A falling tool, a swinging crane load, or a piece of debris from a demolition can strike a worker. These accidents often point to a failure to secure materials properly or establish clear danger zones. 

Electrocutions and Electrical Burns

Contact with live electrical currents poses a significant danger. This can occur from overhead power lines, unfinished wiring, or defective electrical equipment. 

Failure to de-energize circuits or use proper protective gear can lead to severe burns and electrocution. Proper lockout/tagout procedures are necessary to prevent these construction site injuries.

Trench Collapses and Caught-In/Between Dangers

Workers often get injured when caught in or between heavy objects or crushed in a collapsing excavation. Unprotected trenches can give way without warning, trapping those inside. Workers can also get pinned between a vehicle and a wall or pulled into unguarded machinery.

Identifying the Root Causes of Construction Accidents

On any given day, work sites near places like Hart Memorial Park or The Marketplace often buzz with activity. This complexity also creates many opportunities for things to go wrong, and most accidents trace back to negligence. 

Someone’s failure to follow safety rules or act with reasonable care directly leads to injury. These failures can come from many different sources on a busy job site.

Common causes include:

  • Faulty Equipment: A ladder may have a manufacturing defect, a forklift may have poorly maintained brakes, or a crane may fail due to a lack of proper inspection.
  • Inadequate Training: A worker may not have received proper instruction on how to operate heavy machinery, leading to a collision or other catastrophic event.
  • Poor Site Management: The general contractor may fail to clean up debris, leading to trip and fall hazards, or fail to implement proper safety protocols for high-risk activities.
  • Subcontractor Negligence: An employee of another company may create a hazard that injures you, like an unsecured trench or a poorly constructed scaffold.

Distinguishing Workers’ Compensation and Third-Party Claims


Judge's gavel, calculator, safety helmet, and protective goggles on a desk representing construction accident claims.
After an on-the-job injury, your primary interaction is often with your employer’s workers’ compensation insurance. Workers’ compensation is a no-fault insurance program, which means you receive benefits without needing to prove that your employer was negligent. In exchange, you generally cannot sue your direct employer for a personal injury claim.

These benefits address the immediate financial impacts of your injury. You can receive payments for your medical treatment and temporary disability benefits while out of work. 

However, workers’ compensation benefits are often limited. You cannot recover compensation for pain and suffering through a standard workers’ comp claim.

Identifying a Negligent Third Party

Many construction sites throughout the Bakersfield area involve multiple companies working together. Your employer, other subcontractors, vendors, and equipment manufacturers all share the space. 

While you cannot sue your employer, you can file a personal injury lawsuit against another negligent person or company that contributed to your injuries. This is known as a third-party claim. These claims open the door to seeking full compensation. 

Investigating common construction accidents in Bakersfield frequently reveals negligence from outside parties. For example, another subcontractor’s employee might operate machinery unsafely, causing you harm. 

The general contractor may fail to maintain a safe work environment for everyone on site. A defective power tool could also malfunction and cause a serious injury.

The Potential for Additional Compensation

A successful third-party claim allows you to pursue damages unavailable through workers’ compensation. This includes payment for the full amount of your lost wages, not just a fraction. It also includes compensation for your physical pain and emotional distress. 

Pursuing these claims holds the responsible party accountable and provides financial resources. A Bakersfield construction injury lawyer can determine if you have a valid third-party case.

Who Can Be Held Liable for a Bakersfield Construction Accident?

Identifying all responsible parties after a construction accident in Bakersfield is a key task. A thorough investigation often reveals a chain of failures that contributed to the injury.

Liability may extend to:

  • General Contractors: These companies have a primary responsibility for overall site safety, and their failure to coordinate work or enforce safety rules can make them liable.
  • Subcontractors: If an employee of another company created the hazard that injured you, that company may be held responsible for its employee’s negligence.
  • Property Owners: The owner of the land where the construction is taking place has a duty to address known hazards or warn workers about them.
  • Equipment Manufacturers: If your injury was caused by a defective or unreasonably dangerous piece of machinery or a tool, the company that designed and sold it may be liable.
  • Engineers and Architects: Sometimes, a fundamental design flaw in the project’s plans leads to unsafe conditions and accidents.

The Role of OSHA in Your Case

Yellow construction helmet on top of documents beside a judge’s gavel, symbolizing construction injury legal cases.The Occupational Safety and Health Administration (OSHA) sets and enforces workplace safety standards. When a serious construction accident occurs, OSHA often conducts its own investigation to determine if any safety regulations were violated.

An OSHA report can be powerful evidence in your third-party personal injury claim. If OSHA cites the general contractor or another subcontractor for a safety violation related to your accident, it strengthens your argument that their negligence caused your injuries. 

These citations can establish a clear breach of the duty to provide a safe working environment. A skilled Bakersfield construction injury lawyer knows how to access these reports. Your attorney can use the findings to build a compelling case on your behalf. 

OSHA’s conclusions can corroborate your account of the accident and expose the safety failures that led to your harm.

5 Steps To Protect Your Claim After a Construction Injury in Bakersfield

You’ve seen a doctor and are now at home recovering. By someone else’s negligence at a construction site in Bakersfield, the actions you take in the coming days and weeks can greatly impact your ability to secure fair compensation. 

Here are five steps to protect your legal rights:

  1. Document Everything You Remember: Write down every detail about the accident you can recall. Describe where it happened on the job site, what you were doing, and who was around. Note the time of day, weather conditions, and any equipment involved. 
  2. Preserve Physical Evidence: Keep the work boots and clothing you were wearing during the accident in a safe place. Don’t wash them. They may contain evidence that proves useful later. If you have any photos or videos from the scene, back them up on the cloud immediately.
  3. Keep a Journal of Your Recovery: Start a daily journal. Record your pain levels, medical appointments, and any difficulties you experience with daily tasks. This log provides a detailed account of how the injury impacts your life.
  4. Don’t Give a Recorded Statement: An insurance adjuster for a third party may call you and ask for a recorded statement about the accident. Don’t provide one. Adjusters ask questions that may elicit answers that can be used to minimize your claim later.
  5. Contact a Bakersfield Construction Injury Lawyer: An attorney guides you through the complex personal injury claim process. Seeking legal counsel protects your rights from the start.

How a Lawyer Helps With Common Construction Accidents in Bakersfield

The period following a work injury is stressful, but a construction injury attorney takes on the legal burdens so you can focus on your recovery. Their involvement provides support and strategic direction.

A lawyer helps in several ways:

  • Independent Investigation: Your legal team conducts a separate investigation into your accident, gathering evidence like witness statements, site photos, and equipment maintenance logs that go beyond the company’s initial report.
  • Identifying All Liable Parties: An attorney analyzes the complex relationships between contractors and vendors on site to identify every party whose negligence may have contributed to your injury, maximizing your sources of potential recovery.
  • Calculating Full Damages: Your lawyer may work with medical and financial professionals to calculate the total lifetime cost of your injury, including future medical needs and lost earning potential, not just your current bills.
  • Managing Communications: Your representative handles all phone calls, emails, and negotiations with insurance adjusters and opposing attorneys, protecting you from tactics designed to weaken your claim.
  • Filing Your Claim: Your personal injury lawyer files all legal documents correctly and before any critical deadlines expire.

FAQ for Common Construction Accidents in Bakersfield

Can I Sue My Employer for a Construction Site Injury?

In most cases in California, you cannot sue your direct employer for a personal injury claim if you’re eligible for workers’ compensation benefits. The workers’ compensation system is the exclusive remedy for employee and employer disputes. 

The main exception is if your employer’s conduct was exceptionally reckless or if they failed to carry workers’ compensation insurance.

What Is the Difference Between Workers’ Comp and a Personal Injury Claim?

Workers’ compensation is a no-fault insurance system that provides medical and limited wage benefits. A personal injury claim is a lawsuit filed against a negligent third party (not your employer) where you must prove they were at fault for your injuries. 

A personal injury claim allows you to pursue a wider range of damages, including full lost wages and compensation for pain and suffering.

How Does a Lawyer Investigate Common Construction Accidents in Bakersfield?

Investigating a construction accident involves collecting physical evidence, photographing the scene, interviewing witnesses, and reviewing documents like safety logs and daily reports. Attorneys may hire engineers or safety consultants to analyze what went wrong, identify safety violations, and pinpoint which party’s negligence caused the incident.

What if I Was Partially at Fault for the Accident?

California follows a pure comparative negligence rule, which means you can still recover damages in personal injury case even if you were partially at fault for the accident. However, your total compensation award will be reduced by your percentage of fault.

How Long Do I Have To File a Construction Accident Lawsuit in California?

For a personal injury lawsuit against a negligent third party, the statute of limitations in California is generally two years from the date of the injury. For workers’ compensation, you must report the injury to your employer within 30 days and file a claim form within one year. 

Build a Stronger Future After Your Injury


Mickey Fine, Construction Injury Lawyer in Bakersfield
As you focus on healing, let a dedicated legal team handle the fight for your financial security. You have rights beyond a workers’ compensation check, and holding negligent parties accountable can provide the resources your family needs to face the future with confidence.

The Law Offices of Mickey Fine is ready to listen to your story and explain your options. Take the first step toward rebuilding your life; contact us at (661) 333-3333 for a confidential consultation.