Top Reasons to Hire a Construction Accident Attorney After an Injury

Construction workers file a lot of workers’ compensation claims for injuries sustained on the job. Construction sites are also notorious for having some of the most serious work accidents that can put your life in danger. But surely you don’t need a construction accident attorney to get workers’ comp benefits if you’re injured, right? Wrong.

Some employers intentionally list certain types of workers as contractors so they can pay them off the books. Or, they misclassify employees to reduce how much they spend to insure their business, especially for workers’ comp claims. In fact, industry reports show that up to 2.1 million construction workers may be wrongly classified as contractors. And many of those same states automatically exempt contractors from having workers’ compensation insurance coverage.

Depending on how and where you work, you may have trouble getting workers’ compensation without a lawyer handling your claim. Learn the pros and cons of working with an attorney, how to report a workplace safety violation, and other helpful info below.

Hiring a Construction Accident Attorney: Key Takeaways

• In many states, it’s not possible for contractors who get sick or injured on the job to receive workers’ compensation benefits. An attorney, however, can make sure you receive all the rights and benefits you’re legally owed by your employer.
• It’s also illegal for your employer to fire you for reporting a job site injury or applying for workers’ compensation benefits. And in many states, undocumented workers have the same right to workers’ comp as citizens and legal residents do.
• A construction accident attorney can give you a free consultation to discuss your legal options after a workplace injury or illness. This consultation starts with one phone call during normal weekday business hours. You may then choose to book an in-person meeting to share documents or review evidence.
• Any attorney who can accept your construction accident case works on contingency. That means you pay $0 if the lawyer you work with doesn’t get you a cash settlement.

Construction Industry Employers Have a Duty to Maintain a Safe Workplace

Everyone knows that construction workers face more dangers on the job than a lot of other employees do. For this reason, it’s crucial for employers to make the job site as safe as possible. If you notice any type of workplace safety violation that puts you or your coworkers at risk, be sure to report it! We’ve listed some common violations from the safety professionals at the Occupational Safety and Health Administration (OSHA) below.

Common OSHA Violations on Construction Sites

Over 70% of construction accidents come from unsafe actions or behaviors on the job site, according to a 2024 case study. The top violations reported on construction sites include:

1. Not enough fall protection or proper training in place to protect workers. This means having clean, dry floors at all times, ensuring training and safety protocols are in place, etc.
2. Poor or no communication about existing workplace hazards. This includes things like using the right protective equipment, putting up warning signs in a timely manner, and
3. Ladder accidents due to not having the right equipment or using them in an unsafe manner. For example: Having at least 3 points of contact while using a regulation-length ladder, knowing how and when to tie your ladder off, etc.
4. Scaffolding standard violations. You should always wear a hard hat, non-skid boots and use tool lanyards to avoid potential injuries from falling objects, etc. That includes respecting maximum weight and load limitations and not placing scaffolding near power lines.
5. Refusing to provide or wear required safety equipment for the task at hand. It’s critical that you use the right safety goggles, hearing protection, and a respirator when needed for your job role.

How to Report a Construction Site Accident

First and foremost, make sure any injured construction workers get medical attention immediately. Then, report it to your supervisor or the general contractor in charge of the construction site. You can do this verbally, but it’s best to give notice in writing to your immediate supervisor and include:

• How, when, and where the accident happened
• Any witnesses that saw the incident, including names, contact info and what they were doing at the time
• Where you sought medical attention, including the name of the doctor and facility

If you think you need to report a workplace safety violation, you can also do that by calling OSHA’s 24-hour hotline at 1-800-321-6742. Finally, be sure to call a construction accident attorney if you’re hurt!

Common Injuries Construction Workers Should Watch Out For

About 65% of all construction worker fatalities come from one of the types of accidents listed below.

Falls, Slips, and Trips

According to the Bureau of Labor Statistics (BLS), nearly 1 in 5 workplace deaths reported in 2022 happened in the construction industry. Construction workers reported nearly half of all fatal work injuries (47.4%) from falls, slips, and trips that year. And 38.4% of construction fatalities in 2022 specifically came from falls, slips, and trips on job sites.

Nonfatal falls requiring at least one day of missed work are also 39% more likely in the construction industry. Most private employers report an average of 22.6 injuries annually from slips, falls, or trips per 10,000 full-time workers. But those same injury accidents affect 31.5 out of every 10,000 construction workers.

Struck-By Incidents

Struck-by incidents account for 17% of all construction-related deaths on the job every year. These types of accidents happen when an object or piece of equipment falls or otherwise strikes a worker. In 2020, the Centers for Disease Control (CDC) reported 14,000 nonfatal injuries and 150 deaths from struck-by construction accidents.

Electric Shock Injuries

Getting electrocuted on the job causes 7.6% of construction-related deaths every year. But the more shocking statistic is this: Construction workers are nearly 4x more likely to suffer electric shock injuries than all other industries combined.

Caught-In or In-Between Accidents

Getting stuck in between objects or caught in equipment is also one of the more common injuries on construction sites. According to the OSHA online center, these types of job accidents cause 5.4% of fatal occupational injuries in construction.

Vehicle Accidents

These types of construction sector injuries cross over quite a bit with struck-by incidents that workers report every year. In 2022 alone, National Safety Council data showed that 528 people died in construction zone vehicle accidents.

Benefits of Hiring an Attorney for Your Construction Accident Case

• You’ll understand whether your injury happened in the course and scope of your employment. Sometimes it’s not easy to know if your injury qualifies for workers’ compensation benefits, but an experienced construction accident attorney will.
• Studies show you’ll get more money for your construction accident claim, even after paying legal fees. How much more? According to a recent Workers’ Compensation Research Institute study, workers with legal representation received $7,700-$12,400 more for indemnity benefits. These workers’ compensation benefits cover your lost wages, providing valuable time off for you to recover.
• A lawyer your state can make sure you don’t miss important deadlines for your workers’ compensation claim, like the statute of limitations. They can also appeal your denial, appear in court on your behalf if needed, and represent third-party claims.
• Attorneys understand whether your employer may have violated your rights and then hold the company accountable. This can include issues like making you take a drug test after a workplace accident, refusing to report your injury to their insurer, etc.
• No attorney will accept your case unless they think it has merit and that your employer owes you benefits. That means you won’t waste time or money paying for a lawyer if it will not directly help your workers’ compensation claim.

Who May Be Liable for My Construction Injury?

States that require workers’ compensation insurance coverage for construction workers have a “no-fault” policy in place. That means as long as your injury happened while you were doing your job, it doesn’t matter who’s at fault. You’ll qualify for benefits from your employer’s insurance provider, regardless. But some confounding factors come into play when you don’t have workers’ comp insurance coverage (you’re a contractor, for example).

If you’re hurt because you failed to use required safety equipment or follow the standard procedure, then you may be liable. Some examples of when this would apply includes:

• You were drunk or otherwise intoxicated at the time of your accident
• Your coworker and you were playing around or rough-housing on the construction site
• Your injury happened while you were technically committing a crime, like jaywalking or burning trash without a permit
• You forgot to bring your earplugs to work for several weeks while using a jackhammer and now have tinnitus

If your injury happened outside of work, then your employer’s insurer is not required to cover your medical expenses. And in other situations, a third party (whether it’s a person, business, or public entity) may be responsible for your injury. If that happens, you won’t need a construction accident attorney; you’ll need a personal injury lawyer.

What is a Third-Party Claim?

If you’re assaulted at work by a coworker or have an accident in the parking lot with a vendor, that counts as a third-party claim. A third-party claim simply means you are filing a claim involving another individual, not your employer’s insurance provider.

How Much is My Construction Accident Case Worth?

Recent industry data shows that without an attorney, it can take 219-380 days to resolve your case. It takes a bit longer to settle with representation (at least 521 days). But, you’ll get anywhere from 2x-7x more compensation with an attorney handling your claim.

Here are some average claim values from 2021-2022 based on the National Council on Compensation Insurance database entries:

Type of Accident	Without an Attorney	With Attorney Representation
Motor vehicle injury	$90,914	$118,188
Chemical or other burns	$63,119	$82,055
Falls, slips, or trips	$51,047	$66,349
Caught-in accidents	$46,902	$60,973

Construction Accident Claim Timeline

In general, your construction accident case should resolve the same as any other workers’ compensation claim. Here’s a fairly good idea of what to expect:

Initial Consultation and Case Evaluation: 30-90 Days

This includes your free phone call and a possible in-person meeting with the attorney to review your injury, documentation, and related evidence. Your attorney can decide whether or not your claim has merit and how to avoid any mistakes that might hurt your case.

Gathering Evidence and Investigating Your Claim: 60-180 Days

This stage can be shorter or longer depending on the complexity of your case and the severity of your injury. Depending on how bad your injury is, this phase might include:

• Physical therapy
• Calling in witnesses to give sworn statements in a deposition supporting your case
• Requesting accident site reports, OSHA inspections and findings, or workplace safety record violations for your employer
• Compiling your medical records and current bills, then calculating the cost of any future expenses related to your injury
• Sourcing expert witnesses to testify on your behalf or interpret report findings for court records

Filing Appropriate Paperwork and Case Settlement Negotiations: 90-270 Days

Once all the evidence is complete, formal claim paperwork goes to your employer’s insurer. Then, your lawyer begins the settlement negotiation process.

How to Get Your Free Consultation from a Nearby Construction Accident Attorney

Not knowing your legal rights can be a major hurdle in securing workers’ compensation benefits after on-the-job accidents. With hundreds of attorneys in our national network, LegalASAP can connect you with a free consultation right away.

Even better, you’ll pay $0 to find out how much your claim may be worth, your chances of success, and how long it may take to settle.

Hiring a workers’ comp attorney will maximize your chances of success and costs you nothing out of your own pocket.

Submit a free evaluation form now to see if you qualify for a workers’ compensation consultation. If you have questions or inquiries, call 888-927-3080 anytime and we’ll do our best to help you.