Length of Time You Have to File a Construction Accident Claim in California

Posted in Construction Accidents on February 23, 2026

Construction sites are among the most dangerous work environments in California. When a serious accident happens, the physical injuries are only the beginning. Medical treatment, lost income, permanent disability, and long term financial uncertainty quickly follow. In the middle of all this, one legal issue can determine whether you receive compensation at all: the deadline to file your claim.

At North Bay Legal, a Santa Rosa based personal injury firm, we regularly speak with injured workers and families who are unsure how long they have to take action. California law sets strict statutes of limitations for construction accident cases. Missing the correct deadline can permanently bar your case, no matter how strong the facts are.

Understanding the Statute of Limitations in California

A statute of limitations is the legal time limit to file a lawsuit. In most California construction accident injury cases, the general deadline is two years from the date of injury. This rule comes from California Code of Civil Procedure section 335.1.

You can review the statute directly through the official California Legislative Information website: California Code of Civil Procedure section 335.1.

This two year period applies to most personal injury claims, including many construction site injuries and wrongful death cases.

Why the Two Year Deadline Can Be Misleading

Two years may sound like a long time. In reality, complex construction accident cases require immediate investigation. Construction sites change quickly. Equipment is repaired or removed. Subcontractors finish their work and leave. Surveillance footage is deleted. Witness memories fade.

Waiting too long to speak with a lawyer can make it significantly harder to prove negligence. Even though the statute allows two years, practical case building often needs to begin within weeks of the accident.

Learn more about how these cases are handled here: Construction accident representation

Workers’ Compensation Deadlines Are Different

If you were injured while working on a construction site, you likely have a workers’ compensation claim. Workers’ compensation is separate from a personal injury lawsuit and has its own deadlines.

Under California Labor Code section 5405, injured workers generally have one year to file a workers’ compensation claim, though the timing can depend on when the injury was discovered or when benefits were provided.

You can review the statute here: California Labor Code section 5405

It is important to understand that filing workers’ compensation does not automatically prevent you from pursuing a third party claim if someone other than your employer contributed to the accident.

If you already filed workers’ comp and are unsure about your options, review: Suing if you already filed a workers’ compensation claim

Government Entity Involvement and the Six Month Rule

If a public entity is involved in your construction accident, the timeline may shrink dramatically. Claims against cities, counties, or other public agencies typically require filing a government claim within six months of the injury.

This requirement is part of the California Government Claims Act. The California Courts self help page explains this process clearly: California Courts Government Claims overview

Examples where the six month deadline may apply include:

• City owned construction property
• County roadway or bridge projects
• Public utility work
• Injuries caused by government employees

Failing to submit a timely government claim can eliminate your right to sue the public entity entirely.

Wrongful Death Construction Claims

When a construction accident results in a fatality, surviving family members may have a wrongful death claim. In most cases, the two year statute under Code of Civil Procedure section 335.1 applies, typically measured from the date of death.

Wrongful death claims often involve complex liability questions, especially on multi contractor job sites. Early legal intervention is critical to preserve evidence and protect family rights.

Delayed Discovery and Cumulative Trauma

Some construction injuries are immediate and obvious. Others develop over time. Repetitive stress injuries, exposure to toxic substances, and certain occupational illnesses may involve delayed discovery rules.

In cumulative trauma cases, determining when the statute begins running can be legally complex. Courts often examine when the worker knew or reasonably should have known the injury was work related.

This area of law is highly fact specific. The safest course of action is to seek legal advice as soon as symptoms appear.

Minors and Legal Incapacity

If the injured person is under 18, special tolling rules may apply that extend the filing deadline. However, tolling does not preserve physical evidence. Even in minor injury cases, prompt investigation is essential.

Product Liability and Equipment Defects

Some construction accidents result from defective tools, scaffolding, heavy machinery, or safety equipment. These cases may involve product liability claims against manufacturers or distributors.

While the two year statute often still applies, identifying the correct corporate entities and preserving defective equipment requires immediate action.

Common Construction Accident Injuries That Lead to Claims

Not every job site injury leads to a viable third party lawsuit. However, serious injuries frequently support claims, including:

• Traumatic brain injuries
• Spinal cord damage
• Severe fractures
• Amputations
• Burn injuries
• Crush injuries

If you are unsure whether your injury qualifies, review: Injuries that qualify for a construction accident claim

Why Early Legal Action Strengthens Your Case

Acting quickly allows your legal team to:

• Secure incident reports
• Preserve defective equipment
• Obtain subcontractor agreements
• Interview witnesses while memories are fresh
• Consult safety experts early

Construction companies and insurers begin protecting themselves immediately after an accident. Injured workers deserve the same level of preparation.

Speak With North Bay Legal Before Time Runs Out

Every construction accident case is different. The applicable deadline depends on whether workers’ compensation applies, whether a third party is involved, and whether a public entity may be responsible.

North Bay Legal serves injured workers and families throughout Santa Rosa and Sonoma County. If you were injured on a construction site, understanding the statute of limitations is the first step toward protecting your financial future.

Contact North Bay Legal to evaluate your case before critical deadlines expire.