Hurt On The Job Site?
Find Out Who Else Pays.
Workers' comp covers your medical bills and part of your paycheck, and in return it usually keeps you from suing your employer. But a construction site is crowded with general contractors, subcontractors, property owners, and equipment makers, and any one of them may share the blame. Talk to an attorney who looks at every party on that site, not just the one signing your checks.
The Rules, Plainly
Two Systems.
One Injury.
A serious jobsite injury can trigger two different kinds of claims at the same time. Understanding which is which is often the difference between a modest benefits check and a case that actually reflects what the injury cost you.
A no-fault state system that pays medical care and a portion of lost wages without anyone proving who caused the accident. The trade-off: it generally bars a negligence lawsuit against your direct employer. Benefit levels and deadlines are set state by state.
When someone other than your employer helped cause the injury — a general contractor, the property owner, another trade's crew, a defective-equipment manufacturer — you can often sue them directly, including for pain and suffering that comp never pays.
OSHA's construction standards set the baseline for fall protection (required at six feet on unprotected edges), trenching, scaffolds, and electrical work. Workers can't sue under OSHA itself, but a violation can still be powerful evidence in a third-party case.
"Workers' comp tells you what the system will pay. It never asks who else should."
Where Jobsite Injuries Come From
The Ways Sites
Hurt People.
OSHA tracks a handful of hazards behind most construction deaths and a large share of serious injuries. These are the situations attorneys in our network see most often.
Falls From Height
Scaffolds, ladders, roof edges, open floor holes, and unguarded decks. Falls are the leading cause of death in construction, and missing guardrails or harnesses often point to more than one responsible party.
Struck By Objects or Vehicles
Dropped tools and materials, swinging crane loads, backing trucks, and flying debris. Who controlled the load, the lane, or the work zone matters a great deal here.
Electrocution & Electrical Burns
Contact with overhead power lines, damaged temporary wiring, and energized panels that should have been locked out. Burns and cardiac injuries can be permanent.
Caught-In or Caught-Between
Trench and excavation collapses, workers pinned by equipment, crush injuries, and rollovers. These are among the most catastrophic and most preventable jobsite accidents.
Cranes & Heavy Equipment
Crane failures, forklift and excavator accidents, and defective rigging. Maintenance records, operator certification, and the equipment maker's design all become part of the case.
Fatalities & Wrongful Death
When a worker doesn't come home, families may have death benefits through comp and, separately, a wrongful death claim against the outside companies that contributed to the accident.
A Quick Gut Check
Signs There's
More To Your Case.
Plenty of injured workers settle for the comp check without ever learning what else was on the table. If any of these sound familiar, a second look is worth a phone call.
You were hurt on a site someone else ran
If you were a sub's employee working under a general contractor or owner, those companies may have their own exposure.
You're paid on a 1099 or as a day laborer
Being labeled a contractor doesn't automatically mean you're not covered, and it doesn't close the door on a negligence claim.
Your comp claim was denied or cut off
Denials and early benefit terminations are common, and most states give you a way to appeal them.
A settlement offer is sitting on your desk
Closing out a comp claim can permanently end your right to future medical care. Get it reviewed before you sign.
Your employer says there's no coverage
Most states require comp insurance, and an uninsured employer can often be sued or answer to a state fund. Texas is a notable exception where employers may opt out.
You lost a family member on the job
Death benefits and a wrongful death claim are separate tracks, and each has its own deadline.
What Actually Happens
Four Steps.
Every Party On The Table.
You focus on healing. An attorney handles the part that's hardest to do from a hospital bed or a couch: figuring out exactly who is responsible and locking down the proof before it disappears.
Free Review
A connected attorney listens to what happened, where it happened, and where your claim stands, then tells you which deadlines are coming and what your options look like.
Lock Down Evidence
Jobsites change fast. Photos, incident reports, witness names, equipment and maintenance records, and site logs need to be preserved before the scene is cleaned up or the crew moves on.
Map Every Party
Contracts, permits, and site records show who controlled the work, the safety plan, and the equipment, which tells your attorney who may owe you beyond your employer.
Pursue Both Claims
Your comp benefits keep moving while a third-party claim is built alongside it, aimed at the full cost of the injury: medical care, lost earning power, and pain.
Clients Who've Been Through This
Hear From Them
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Common Questions
What You Need to Know
Usually not. In nearly every state, workers' compensation is the "exclusive remedy" against your direct employer: you get no-fault medical and wage benefits, and you give up the right to sue them for negligence. Exceptions exist, such as an employer that skipped legally required coverage or deliberately caused the harm, and they vary by state. The bigger opening is often someone else on the site. A connected attorney can look at your specific facts at no cost.
A construction site involves many companies. A general contractor, a different subcontractor, the property owner, an equipment maker or rental company, or a scaffold supplier may be liable if their negligence or a defective product contributed to your injury. Unlike comp, these claims can include pain and suffering and the full value of lost earning capacity. Some states shield certain contractors, so the facts and the state both matter. An attorney can map who was involved.
No. OSHA enforces safety rules through inspections, citations, and penalties, but the OSH Act doesn't give injured workers a private right to sue over a violation. A documented violation, like missing fall protection at six feet under 29 CFR 1926.501, can still be strong evidence in a third-party claim in many states. Employers must also report a work-related fatality to OSHA within 8 hours, and an in-patient hospitalization, amputation, or loss of an eye within 24 hours, under 29 CFR 1904.39.
There are two separate clocks. Workers' comp usually requires prompt notice to your employer, in some states 30 days or less, followed by a formal claim deadline typically measured in months to a couple of years. A third-party lawsuit follows the state's statute of limitations, commonly two or three years from the injury but shorter or longer in some states, and wrongful death deadlines usually run from the date of death. Ask an attorney which deadlines apply to you before waiting any longer.
Retaliation is unlawful. Section 11(c) of the OSH Act prohibits punishing workers for reporting injuries or safety hazards, and a retaliation complaint to OSHA generally has to be filed within 30 days of the retaliatory act. Many states also bar firing or disciplining a worker for filing a comp claim, each with its own deadlines and remedies. A connected attorney can explain your protections.
The label doesn't settle it. Misclassifying employees as independent contractors is common in construction, and states apply their own tests, usually weighing who controlled the work, the tools, and the schedule. A misclassified worker may be entitled to comp benefits, and even a true independent contractor can often bring a negligence claim against a site owner or general contractor.
Significantly. Benefit amounts, notice deadlines, and who is shielded from lawsuits all vary. New York Labor Law Section 240(1), the "Scaffold Law," places strict liability on owners and contractors for certain gravity-related injuries like falls from heights. In Texas, most private employers may opt out of workers' comp and, as nonsubscribers, can be sued for negligence. Generally the law of the state where the injury happened is what counts. Tell us where it happened and an attorney can speak to your state's rules.
Don't Let The Comp Check
Close The Book.
A private conversation about your injury — free, and with zero pressure to commit.