{"id":353567,"date":"2016-04-04T10:47:02","date_gmt":"2016-04-04T15:47:02","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/workers-compensation\/construction-injuries-faq.html"},"modified":"2023-08-24T12:51:47","modified_gmt":"2023-08-24T17:51:47","slug":"construction-injuries-faq","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/workers-compensation\/construction-injuries-faq.html","title":{"rendered":"Legal Options for Construction Injuries: FAQ"},"content":{"rendered":"\n
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Legal Options for Construction Injuries: FAQ<\/h1>\n\n
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\n By Jade Yeban, Esq.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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If you\u2019re injured on a construction site, you may be entitled to workers\u2019 comp and possibly additional compensation from third parties like contractors or property owners. Your employer is responsible for maintaining a safe work environment. OSHA and legal professionals can help if safety standards are violated.<\/p>\n\n <\/div>\n\n\n\n

Construction work is filled with potential hazards. Understanding your legal rights and obligations if you are hurt on the job can help you secure fair compensation for your injury.<\/p>\n

This article answers frequently asked questions (FAQ) about construction injuries. If you have been in a workplace accident, this FAQ can serve as your starting point. But a workers’ comp attorney<\/a> is best equipped to answer your questions. Construction injury claims are unique, and your options will depend on your state’s laws, the type of injury, and other factors.<\/p>\n

How do I assert my rights to a safe workplace?<\/h2>\n

You have the right to a safe workplace<\/a> under your state’s Workers’ Compensation Act. If you believe your workplace is unsafe, you should first report the danger to your supervisor. Follow up in writing.<\/p>\n

If you are still unsuccessful in correcting the safety hazard, you can file a complaint and report the conditions to the Occupational Safety and Health Administration<\/a>\u00a0(OSHA).<\/p>\n

Can I get more than workers’ compensation if I am injured while working on a construction site?<\/h2>\n

Workers’ compensation laws may affect your financial recovery against your employer. Remember that other parties may be legally responsible for your injuries. This can include third-party contractors, property owners, or equipment manufacturers. It can also include subcontractors.<\/p>\n

Workers’ compensation laws will not affect your recovery from those parties. In most states<\/a>, you must repay the workers’ compensation carrier from your third-party settlement.<\/p>\n

If your injury is due to a third party’s negligence, you may file a personal injury claim against them in addition to your workers’ comp claim. Consult a personal injury lawyer<\/a> or workers’ compensation attorney for legal advice.<\/p>\n

Who is liable if a person is injured by debris from a construction site while walking on a public sidewalk?<\/h2>\n

In some circumstances, the injured person can recover damages from the construction company. The company must take reasonable steps to keep public sidewalks near its construction site safe, which\u00a0means free from bricks and other debris. If the company fails to remove such obstructions, the company may be liable for damages<\/a>.<\/p>\n

Construction companies should also warn pedestrians of the risk of injury if they stray from the sidewalk. They must do more than just post a sign. For example, if a company fails to place barriers and warning lamps by a building pit, it may be responsible if anyone falls into it and gets injured.<\/p>\n

Depending on the case’s specifics, the construction company, property owner, or another party could be held liable. The injured person should contact a personal injury lawyer to explore their options. They may have a viable\u00a0personal injury lawsuit<\/a>\u00a0to pursue.<\/p>\n

I was injured while working on a large construction project. Can I sue the person who owns the property?<\/h2>\n

The property owner<\/a> may be legally liable for some or all of your injuries. You can typically sue the property owner if they were negligent. But in most cases, your first avenue of recourse will be through your workers’ compensation insurance.<\/p>\n

Does workers’ compensation cover all on-the-job injuries?<\/h2>\n

Workers’ comp covers most work-related injuries, but there are exceptions<\/a>. Injuries that occur while you are not performing your work duties or violating company policy may be covered. However, the claim can be denied if the injury was a direct result of an enforced prohibited act. Occupational diseases can also be covered under certain conditions.<\/p>\n

The workers’ compensation system is designed to benefit injured workers. This is regardless of whether an\u00a0injury is caused by the employer’s or employee’s negligence<\/a>. However, there are some limits. Generally, injuries caused because an employee was intoxicated or using illegal drugs are not covered.<\/p>\n

What happens during an OSHA\u00a0inspection?<\/h2>\n

During an OSHA inspection<\/a>, a representative will visit your workplace to ensure all safety standards are met. They may:<\/p>\n