Workers' Comp Claims for Construction Industry Injuries
Construction workers face unique risks. Learn how workers comp applies to falls, equipment injuries, and more.
The construction industry has one of the highest rates of workplace injuries in the United States. Falls, struck-by incidents, caught-in or between hazards, and electrocution known as the fatal four account for the majority of construction deaths and a large percentage of serious injuries. Workers' compensation is a critical safety net for construction workers, but the industry's complex employment relationships can complicate the claims process.
Unique Challenges in Construction Claims
Construction sites often involve multiple employers, subcontractors, and staffing agencies working simultaneously. Determining which entity's workers' compensation policy covers your injury can be complicated, especially if you were hired through a staffing agency or work as a subcontractor. In some cases, you may have both a workers' compensation claim against your employer and a third-party negligence claim against another contractor whose actions caused your injury. These third-party claims can provide compensation beyond what workers' comp offers, including pain and suffering damages.
OSHA violations documented on the job site can strengthen your claim by establishing that safety standards were not being followed. If your employer retaliates against you for filing a workers' compensation claim or reporting safety violations, you have additional legal protections under both workers' compensation anti-retaliation provisions and OSHA whistleblower protections. Construction workers should report all injuries immediately, insist on proper documentation, and consult with an attorney who understands both workers' compensation and construction site liability.