Construction Accidents: Safety and Legal Options (2025)

Legal Considerations Following Construction Accidents

Construction accidents are complex and may necessitate navigating through workers' compensation claims or exploring third-party liability. For injured workers, dealing with insurance companies or pursuing legal claims can be daunting. Engaging a personal injury attorney experienced in specific construction accidents, such as scaffolding cases, can provide essential guidance on everything from understanding site safety regulations and compliance issues to handling liability and indemnity matters.

Actions to Take After a Construction Accident

Victims of construction accidents should prioritize their health and legal rights by:

• Seeking immediate medical attention
• Reporting the injury to their employer or site manager
• Collecting contact information from witnesses
• Documenting the accident scene and injuries if possible
• Exploring legal options, including workers' compensation benefits or personal injury claims

Some workers opt to file a workers’ compensation claim themselves and only consult a lawyer if they run into problems. However, a workers’ compensation lawyer may be able to increase the likelihood of your claim getting approved promptly.

Workers’ Compensation for Construction Accidents

The workers’ compensation system is a no-fault system. This means that to recover benefits, the employee does not need to prove that their employer was to blame.

Because there’s no need to prove negligence, workers’ compensation claims can often get approved relatively quickly. These are some of the primary benefits injured workers may be entitled to:

Medical Care

Typically, workers’ compensation benefits pay for all medical care related to the injury. In most cases, the injured employee must choose a doctor approved by the workers’ comp insurance company.

Lost Wages

Injured employees are usually entitled to partial wage replacement while they recover. In many states, workers receive two-thirds of their average weekly wage.

Disability Payments

Some construction accidents leave employees with disabilities. Whether those disabilities are temporary or permanent, the workers’ compensation system can pay disability benefits to workers who qualify.

Vocational Rehabilitation

After a serious injury, you may not be able to return to your previous job but can still work in some capacity. In this case, you may choose to undergo job training and placement assistance to transition into a new role.

Third-Party Liability in Construction Accident Cases

In many states, workers who file workers’ compensation claims may not also file personal injury lawsuits against their employers. That doesn’t mean they can’t file third-party liability claims, though.

A third-party liability claim is a claim filed against a third party, or someone other than the employee and their employer, whose negligence contributed to the accident.

For example, imagine you suffer a serious injury at a worksite because of a defective piece of equipment. You could file a workers’ compensation claim, but you could also file a product liability lawsuit against the equipment manufacturer. That lawsuit is a type of third-party liability claim.

Have You Been Injured in a Construction Accident?

Navigating the aftermath of a construction accident can be overwhelming for injured workers and their families. Consulting with a skilled construction accident attorney in the ConsumerShield network can ease this burden. A legal professional can assist with workers' compensation claims, construction injury lawsuits and ensure that victims receive the support and compensation they deserve.