Construction sites are notoriously dangerous because of the heavy equipment, heights, and complex coordination involved. When something goes wrong, injured workers are often seriously hurt, if not killed. According to OSHA, in 2023 there were 5,283 fatal injuries and thousands of nonfatal injuries caused by falls, electrocution, struck-bys, and other incidents.
This profession is so dangerous that injuries in construction are 24% higher than all other industries. And nearly half of all fatalities happen at firms with 10 or fewer workers because smaller companies routinely fail to invest in safety infrastructure.
If you’ve been injured on a construction site while you were just trying to do your job, you deserve to be compensated. But your path forward may not be as simple as filing a lawsuit. In most states, employees can’t sue their employer for workplace injuries and need to pursue a workers’ compensation claim.
However, there are exceptions, and this article will help you sort out your legal options.
Workers’ Compensation is likely your First Option
The workers’ compensation program is a no-fault insurance program that provides compensation to injured workers regardless of fault. If you were injured at work, you’re entitled to compensation, whether you were 100% or 20% at fault for your accident.
Workers’ comp will replace a portion of your wages and provide medical coverage but you’ll be required to sign away your right to sue in the future. If you try to file a lawsuit before going through the workers’ comp program first your case will be dismissed.
In most cases, filing a claim through workers’ comp is the only option. However, there are exceptions.
Exceptions that allow you to Sue your Employer
It’s crucial to discuss your case with an experienced construction accident attorney, but in general, there are several exceptions that make it possible to sue for your injuries.
Intentional acts led to your injury
You can sue if the conduct that caused your injury was intentional but you’ll need to prove the person knew the injury would occur and they willfully disregarded that knowledge. However, negligence doesn’t equal intent. You have to prove the act was deliberately intended to cause injury.
Your employer doesn’t have workers’ comp insurance
Almost all employers in the United States are required to carry workers’ comp insurance; few companies are exempt. If your employer is required to carry a policy but doesn’t have one, you can sue for your injury.
You’re a temporary worker employed through an agency
In some cases, temporary workers employed through a placement service, like a temp agency, can file a personal injury lawsuit against their employer if your injury took place on a third-party site. For example, if you were injured in the temp agency’s office you couldn’t sue, but if you were injured on a job site, you might be able to file a lawsuit.
Your injury was caused by a third party
If your injury was caused by a third party not connected to your employer, you can pursue a claim against that person for compensation. For example, this exception would apply if you were injured in a car accident by a third-party.
What to do after a Construction Accident
First, seek medical attention immediately. Your health and wellbeing are important, but you also need to start establishing a history of your injury and treatment. You’ll need documentation to prove your injury was caused by a workplace accident. Without medical documentation, your claim can be denied.
Report your Injury to your Employer
Notify your supervisor immediately and follow company policy for reporting your injury. If there’s a specific form to fill out, make sure you fill it out completely and accurately. If not, write your own injury report and provide a copy to your boss. If your employer drags their feet or tries to discourage you from making the report and filing a claim, report the situation to OSHA.
For the best outcome, consult a construction injury attorney right away. Most attorneys offer free consultations so there’s nothing to lose. If you have grounds for a lawsuit, they’ll tell you what your options are.
The Bottom line
After a construction site accident your legal options might be limited, but it depends on your situation. That’s why it’s crucial to contact an attorney right away to find out if you have grounds to file a lawsuit or if you’ll need to stick with a workers’ compensation claim.
Founder Dinis Guarda
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