Construction Worker Hit by a Car on Site — Can You File Two Claims?

Construction sites are dangerous places — heavy machinery, moving vehicles, and unpredictable drivers make them even riskier. Unfortunately, one of the most devastating types of workplace accidents happens when a construction worker is hit by a car while on the job.

Whether the driver was a coworker, delivery driver, or member of the public, you may have more than one legal claim. In California, injured construction workers often qualify for workers’ compensation benefits and may also be able to file a separate personal injury lawsuit against the driver or another responsible party.

Knowing the difference between these claims — and how to pursue both — is critical to protecting your rights and maximizing your recovery.

First Claim: Workers’ Compensation Benefits

When you’re injured while doing your job, California law provides workers’ compensation benefits — regardless of who caused the accident.

This system is no-fault, meaning you don’t have to prove that anyone was negligent. If the injury happened in the course of your employment, you are generally covered.

What Workers’ Comp Pays For

A workers’ compensation claim can provide:

• Medical treatment: hospital bills, doctor visits, surgeries, medications, and therapy.
• Temporary disability payments: partial wage replacement while you recover.
• Permanent disability payments: if you have lasting injuries.
• Job retraining benefits: if you cannot return to your previous work.

These benefits come directly from your employer’s workers’ compensation insurance.

Filing Your Workers’ Comp Claim

To protect your right to benefits:

1. Report the injury to your supervisor as soon as possible.
2. Request and complete a DWC-1 claim form.
3. Get immediate medical attention and tell the doctor your injury occurred at work.
4. Keep copies of everything you submit.

If your claim is denied or delayed, a workers’ compensation attorney can help you appeal and ensure you receive proper medical care and payments.

Second Claim: Personal Injury Lawsuit Against the Driver

In many cases, workers injured by vehicles can also file a civil personal injury claim against the at-fault driver. This second claim exists in addition to your workers’ compensation case — not instead of it.

When You Can File a Personal Injury Lawsuit

You may have the right to sue if the driver was:

• A third party, such as a delivery driver, subcontractor, or passerby who was not employed by your company.
• Negligent or reckless, such as speeding, texting while driving, or failing to follow safety signs.

You generally cannot sue your employer or a direct coworker because workers’ compensation laws protect them from lawsuits — unless there was serious misconduct or an unsafe condition that violates Cal/OSHA standards.

What a Personal Injury Claim Covers

Unlike workers’ comp, which has limited benefits, a personal injury lawsuit can recover the full amount of your losses, including:

• Pain and suffering
• Loss of enjoyment of life
• Future medical expenses
• Full lost wages (not just partial)
• Punitive damages in extreme cases (like drunk driving)

These damages can add up to far more than what workers’ comp provides.

How the Two Claims Work Together

Many construction workers don’t realize that they can pursue both claims at the same time — one through workers’ comp and another through the civil court system.

Here’s how it typically works:

• Workers’ comp covers your medical treatment and some wage loss right away.
• The personal injury lawsuit aims to hold the negligent driver financially responsible for everything else your workers’ comp doesn’t cover.

Because these systems are separate, you can collect benefits from both, but coordination between the two is important to avoid conflicts or double recovery.

Example: A Realistic Scenario

Imagine this situation:

You’re working on a road-widening project in San Francisco. A distracted rideshare driver speeds into the construction zone and hits you, breaking your leg and injuring your back.

Here’s what happens next:

1. You file a workers’ comp claim with your employer’s insurance for medical care and disability payments.
2. Your lawyer also files a personal injury claim against the rideshare driver (and possibly the rideshare company).
3. The workers’ comp insurer may later place a lien on part of your settlement to recover what it paid, but your total compensation is still significantly higher than workers’ comp alone.

The Role of Subrogation and Liens

When you receive workers’ compensation benefits and later win a personal injury case, the workers’ comp insurer often has a subrogation right — meaning they can recover part of what they paid on your behalf from the settlement.

This prevents “double recovery,” but a skilled lawyer can negotiate lien reductions, allowing you to keep more of your settlement money.

Understanding how to coordinate both claims is key to maximizing your total recovery.

Why These Cases Are Complex

Construction site accidents involving vehicles are legally complex for several reasons:

• Multiple insurance companies are involved (workers’ comp + auto insurer).
• Different rules apply for each claim type.
• Employer and subcontractor relationships can create confusion about who is liable.
• Cal/OSHA violations may also factor into the case.

This is why it’s crucial to have an attorney who handles both personal injury and workers’ compensation cases — not just one or the other.

Common Causes of Vehicle Accidents on Construction Sites

Many construction site vehicle collisions occur due to preventable safety lapses, such as:

• Drivers entering restricted zones.
• Lack of clear traffic control or warning signs.
• Poor site lighting or visibility.
• Speeding or distracted drivers near construction areas.
• Untrained or careless equipment operators.

Even if you believe the driver was careless, proving fault requires solid evidence — like witness statements, video footage, or safety reports.

What To Do Immediately After the Accident

If you’re hit by a vehicle while working at a construction site, here’s what to do:

1. Get medical help immediately.
   Even if injuries seem minor, report all symptoms.
2. Tell your employer right away.
   This step is essential to start your workers’ comp claim.
3. Collect evidence.
   If possible, take photos, get witness names, and note the vehicle’s license plate or company name.
4. Do not give recorded statements to insurance adjusters before speaking with an attorney.
5. Contact a lawyer who handles both workers’ comp and personal injury claims.

Time matters — waiting too long can hurt both claims.

How Long You Have to File Each Claim

• Workers’ Compensation: You generally have 30 days to report the injury and one year to file a formal claim.
• Personal Injury Lawsuit: You usually have two years from the date of the accident to file in California.

Because each system has its own deadlines and procedures, an attorney ensures you meet all timelines and preserve your right to recover.

How an Attorney Can Help

At Anderson Franco Law, we represent many construction workers across the Bay Area who were struck by cars while doing their jobs. We understand both systems — the workers’ compensation process and civil litigation.

We help by:

• Investigating the cause of the accident.
• Identifying all possible sources of compensation.
• Filing and managing both claims.
• Negotiating with insurance adjusters.
• Reducing or disputing workers’ comp liens.
• Taking your case to court if needed.

We work on a contingency fee basis, meaning you pay nothing unless we win.

Key Takeaway

If you were hit by a car while working on a construction site, you may have two claims — one through workers’ compensation and one through a personal injury lawsuit. Each serves a different purpose, and pursuing both ensures you receive full compensation for your injuries and financial losses.

You don’t have to navigate the process alone. An experienced California work injury lawyer can guide you through every step and protect your rights.

Contact Anderson Franco Law

Were you or a loved one hit by a vehicle while working construction in San Francisco or anywhere in California? We handle claims in Oakland, San Francisco, Marin, San Jose, and more. You deserve to know all your legal options — including whether you can file both a workers’ comp claim and a personal injury claim.

Contact Anderson Franco Law today for a free consultation.
We’ll review your case, explain your rights, and fight to secure the maximum recovery possible.

📞 Call (415) 727-1832 or visit AndersonFranco.com to schedule your free case evaluation.