Construction Injuries
Average Workers Comp Settlement: $30,000 – $120,000
Construction is one of the most dangerous industries, with workers facing hazards from the OSHA 'Fatal Four': falls, struck-by incidents, electrocutions, and caught-in/between accidents. Construction injuries range from minor cuts and bruises to catastrophic injuries including traumatic brain injuries, spinal cord damage, and amputations. The physically demanding nature of the work also contributes to overexertion injuries.
Common Symptoms
- •Fractures and broken bones from falls or struck-by incidents
- •Traumatic brain injuries from falling objects or falls
- •Electrical burns and electrocution injuries
- •Crush injuries from heavy equipment or materials
- •Heat stroke and heat-related illnesses
- •Hearing loss from prolonged noise exposure
- •Respiratory conditions from dust, silica, or asbestos exposure
Key Facts About Construction Injuries Claims
- •Construction workers are 5 times more likely to die on the job than average workers
- •The OSHA 'Fatal Four' account for over 60% of construction worker deaths annually
- •Multi-employer construction sites may allow third-party negligence claims
- •OSHA violations on construction sites significantly strengthen workers comp claims
- •Independent contractor misclassification can affect workers comp eligibility
- •Construction workers may be eligible for both workers comp and personal injury claims
Filing a Workers Comp Claim for Construction Injuries
- Report immediately — tell your employer about the injury as soon as it happens or as soon as you notice symptoms.
- Get medical documentation — see a doctor and ensure your injury is clearly linked to your work activities.
- Keep records — document all symptoms, medical visits, expenses, and time missed from work.
- File within your state's deadline — check your state's filing requirements.
- Consider legal help — if your claim is denied or you're offered a low settlement, a workers comp attorney can help.
Frequently Asked Questions: Construction Injuries Workers' Comp Claims
How do I file a workers' comp claim for a construction injury?
Report the injury to your employer (or the general contractor if applicable) immediately. For serious injuries, call 911 first. Document the accident scene with photos, note any safety hazards or equipment involved, and get witness information. Seek medical treatment and tell the provider the injury is work-related. File your claim with your state's workers' comp board within the deadline. If you are unsure who your actual employer is (common on construction sites with multiple contractors), file the claim against the company that pays your wages.
What is the average workers' comp settlement for a construction injury?
Construction injury settlements typically range from $30,000 to $120,000, though catastrophic injuries can result in settlements well over $300,000. Falls from heights average $50,000 to $200,000. Electrocution injuries average $40,000 to $150,000. Crush injuries from heavy equipment average $50,000 to $250,000. When third-party negligence claims against general contractors, property owners, or equipment manufacturers are included, total compensation can be significantly higher. Construction injury settlements tend to be larger because the injuries are more severe.
Can I sue the general contractor if I'm injured on a construction site?
In many cases, yes. If you are employed by a subcontractor, the general contractor is a third party — not your employer — so the exclusive remedy rule does not prevent a lawsuit. You can sue the general contractor for negligence if they failed to maintain a safe worksite, did not enforce safety protocols, or created the hazardous condition that caused your injury. This is in addition to your workers' comp claim against your own employer. Third-party claims allow recovery of pain and suffering, full lost wages, and other damages not available through workers' comp.
What are my rights if I'm misclassified as an independent contractor?
If you are misclassified as an independent contractor when you should be classified as an employee, you are likely still entitled to workers' comp benefits. Many construction companies misclassify workers to avoid paying for workers' comp insurance. File your claim anyway — the workers' comp board will determine your actual employment status based on factors like who controls your work, provides tools, and sets your schedule. If you are found to be an employee, you receive full benefits. You may also have additional legal claims against the employer for misclassification.
What OSHA protections apply to construction workers?
OSHA construction standards (29 CFR 1926) provide extensive protections: fall protection is required at heights of 6 feet or more, scaffolding must meet specific safety standards, trenches deeper than 5 feet require protective systems, lockout/tagout procedures for equipment, hard hats and PPE requirements, hazard communication for chemicals, and noise protection. OSHA violations found after a construction accident serve as powerful evidence in your workers' comp case and are critical in third-party lawsuits against contractors.
What benefits can I receive for a construction fall injury?
Construction fall injuries entitle you to comprehensive workers' comp benefits: emergency medical treatment and hospitalization, ongoing medical care including surgery, physical therapy, and rehabilitation, temporary disability payments while unable to work, permanent disability benefits based on your impairment rating, vocational rehabilitation if you cannot return to construction work, and death benefits for dependents in fatal falls. Additionally, if a third party's negligence caused the fall (faulty scaffolding, unsafe conditions created by another contractor), you can recover additional damages through a lawsuit.
Can I get workers' comp for hearing loss from construction noise?
Yes. Occupational hearing loss from prolonged exposure to loud construction equipment, power tools, and machinery is covered by workers' compensation. This is an occupational disease claim — the filing deadline typically starts from the date an audiologist diagnoses the hearing loss and connects it to your work. Document your exposure history (years of construction work, types of equipment used, whether hearing protection was provided). Workers' comp benefits include hearing aids, medical treatment, and permanent partial disability benefits based on the degree of hearing loss.
What if I'm injured on a construction site but the owner isn't my employer?
If you are injured on a construction site where the property owner or general contractor is not your direct employer, you may have both a workers' comp claim and a third-party negligence claim. File workers' comp through your own employer. Then consider a separate lawsuit against the property owner, general contractor, or other parties whose negligence caused the injury. This dual approach can maximize your compensation — workers' comp provides immediate medical and wage benefits, while the third-party lawsuit can recover full damages including pain and suffering.
How does workers' comp work for undocumented construction workers?
In most states, undocumented workers are entitled to workers' compensation benefits regardless of immigration status. Workers' comp is based on the employment relationship, not citizenship. You have the right to file a claim, receive medical treatment, and collect disability benefits. Your employer cannot threaten you with deportation for filing a claim — this is illegal retaliation. However, the rules for wage-loss benefits and vocational rehabilitation may vary. Consult with a workers' comp attorney who has experience with these cases to understand your specific rights.
What is the most common cause of construction worker deaths?
Falls are the leading cause of death in the construction industry, followed by struck-by incidents (being hit by falling objects or vehicles), electrocution, and caught-in/between accidents (being caught in or compressed by equipment or materials). These are known as OSHA's 'Fatal Four' and account for over 60% of construction worker deaths annually. If you have lost a loved one in a construction accident, survivors may be entitled to workers' comp death benefits, including funeral expenses and ongoing payments to dependents, plus potential wrongful death claims against negligent third parties.