Construction Site Injuries: Who Can Be Liable

A construction site often has many companies working side by side. There may be a property owner, a general contractor, several subcontractors, equipment suppliers, and delivery drivers, all in the same place. When someone gets hurt, that crowd of companies makes one question harder than usual: who is responsible? This guide walks through the main paths that may apply and the questions to bring to a lawyer.

Workers' compensation: the usual starting point for employees

If you were hurt while working for your employer, workers' compensation is usually the first system involved. According to the USAGov workers' compensation page, most workers' compensation programs provide:

• Cash payments for lost wages while you recover
• Medical expenses
• Benefits to dependents if a worker dies due to a work-related injury or illness

USAGov also explains that there are programs at both the state and federal levels. State programs handle claims for employees of private organizations and of state and local governments, while federal employees and certain other groups file through the U.S. Department of Labor's Office of Workers' Compensation Programs. If a claim is denied, you can appeal the decision.

In many states, workers' compensation limits your ability to sue your own employer directly. The details are set by state law, so ask a lawyer how the rules work where you were hurt. You can read more on our workers' compensation practice page.

Other parties who may be involved

Workers' compensation usually covers your claim against your own employer. On a construction site, though, the people whose actions caused an injury often work for someone else. Depending on the facts and state law, a lawyer may look at:

• The general contractor, which often controls the site and coordinates the work
• Other subcontractors whose crews were working in the same area
• The property owner, especially if it kept control over parts of the site
• Equipment makers or suppliers, if a tool, machine, scaffold, or safety device was defective
• Drivers and trucking companies delivering materials
• Designers or engineers, in some situations involving plans or inspections

A claim against someone other than your employer is often called a "third-party" claim. It may be possible to have a workers' compensation claim and a third-party claim at the same time. When both exist, there can be rules about repaying part of the workers' comp benefits from a third-party recovery. Those rules vary by state, so ask about them.

If you were not an employee

Not everyone hurt at a construction site is a worker there. A pedestrian, a neighbor, a delivery driver, or a visitor can also be injured. In that case, workers' compensation through the site's employers usually does not apply to you, and the question becomes whether someone was careless in a way that caused your injury. That is a personal injury question, and the parties listed above may still be part of it.

Insurance on construction projects

Construction projects usually involve several insurance policies. Contractors often carry liability insurance, employers carry workers' compensation coverage, and contracts between companies may shift responsibility from one company to another. Because of this, you may hear from more than one insurance company after an accident.

Be careful about giving recorded statements or signing papers before you understand who the insurer represents. An adjuster from another company's insurer works for that company, not for you.

Reporting unsafe conditions

Your employer is required to maintain a safe workplace. The USAGov page on reporting workplace safety violations explains that you can report unsafe conditions to the Occupational Safety and Health Administration (OSHA), or to the federal agency that regulates certain industries, such as aviation, interstate trucking, or mining. Each state's department of labor also enforces state workplace safety laws.

USAGov notes that if your employer retaliates against you for reporting a safety hazard, you can report that to the Department of Labor. The USAGov workplace laws page gives an overview of federal workplace laws, including the Occupational Safety and Health Act.

A safety report and an injury claim are different things. A report asks the government to look at conditions. It does not pay your medical bills or lost wages. A lawyer can explain how the two may relate in your situation.

What to do after a construction injury

• Get medical care and follow your treatment plan.
• Report the injury to your employer as soon as you can. States set notice rules for workers' compensation.
• Write down what happened, who was there, and which companies were working nearby.
• Take photos of the area, equipment, and your injuries, if you safely can.
• Keep copies of medical bills, pay stubs, and any letters from insurers.
• Ask about filing deadlines. Workers' compensation and injury claims each have their own, and they can be short.

Questions to ask a lawyer

• Is workers' compensation my only option against my employer in this state?
• Could another company on the site be responsible?
• How would a third-party claim affect my workers' comp benefits?
• What are the deadlines for each type of claim?
• How do you charge, and what costs are separate?

Frequently asked questions

Can I sue my employer after a construction accident?

In many states, workers' compensation is the main remedy against your own employer, with limited exceptions. A lawyer licensed in your state can explain the rules.

Can I get workers' comp and also file another claim?

Sometimes. If someone other than your employer contributed to the injury, a third-party claim may be possible alongside workers' comp. State rules decide how the two interact.

Do I need to report the injury right away?

Report it as soon as you can. States set notice rules for workers' compensation, and waiting can create problems.

What if my claim is denied?

USAGov notes that you can appeal a denied workers' compensation claim. Ask your state workers' compensation office or a lawyer about the steps and deadlines.

Related: Browse guides on legal topics.

This page is general information, not legal advice. Laws change and every case is different — talk to a licensed attorney about your situation.