Two of the most valued jobs in this country are also two of the most dangerous: These are construction work and farm/agricultural labor.
The ways in which someone can get injured on a construction site are too numerous to mention. But, if you were injured due to malfunctioning equipment, unsafe work conditions or a mistake made by someone else, then the owner, manufacturer or another party may be liable. If you were injured on a Wisconsin construction site, it is in your best interest to speak with a reputable and experienced personal injury attorney.
If a construction worker is injured on the job, it is difficult and usually impossible to sue his or her employer for work-related injuries. In Wisconsin, an injured worker’s exclusive remedy against their employer is workers’ compensation. However, third parties (another company, manufacturer or anyone else who is not your employer) may be responsible for your construction site accident and therefore liable.
As stated above, anyone not your employer is a third party. Third parties are common on construction sites. They can be a subcontractor or the general contractor. They can be an employee from another site or transport company. They can be just about anyone who is not your employer or someone who works for your same employer.
There are special duties or obligations that general contractors or forepersons on a construction site must follow. Those include:
Manufacturers of construction equipment design manufacture and build things such as tools, construction machinery and implements. They are therefore responsible for defects or dangers these products create. Construction sites are by their very nature dangerous workplaces. However, if equipment was not properly designed and manufactured, the producers of these products are potentially liable for any accidents that these improperly designed or manufactured products cause. Just a few examples of cases that we have actually handled are:
Construction sites are dangerous places, even when everyone follows safety rules. After an accident, injured workers and others on the site often have questions about their options. The answers below explain how Wisconsin law handles construction site injury claims and how an attorney can protect your legal rights if you get hurt on the job.
Can I File Both a Workers’ Compensation Claim and a Personal Injury Lawsuit?
If you qualify for workers’ compensation, you can file a claim for benefits that cover your medical bills and a portion of your lost income. Workers’ compensation does not, however, completely replace your income losses, nor does it cover pain and suffering. If someone other than your employer caused your injury, you might also have grounds for a personal injury lawsuit. This type of claim can yield additional compensation that a workers’ comp claim won’t provide. Not everyone qualifies for both types of claims, so it’s wise to consult a lawyer who can review your situation and explain your legal options.
What If I’m an Independent Contractor Injured on a Construction Site?
As an independent contractor, you probably do not qualify for workers’ compensation, but you still have options for seeking financial support. If another party’s negligence caused your injury, you may file a personal injury lawsuit. To succeed, you will need to prove that the other party is at fault. This means showing that the other party’s actions or inaction directly contributed to your injury. A construction site accident lawyer can determine whether the site owner, contractor, or another party bears legal responsibility and help you pursue compensation for your losses.
How Long Do I Have to File a Construction Accident Lawsuit in Wisconsin?
In Wisconsin, you generally have three years from the date of the accident to file a personal injury lawsuit. For workers’ compensation claims, you must report the injury to your employer as soon as possible and file the claim within two years of the injury or the last payment of compensation, whichever is later. If you miss any applicable deadlines, you could lose your right to recover compensation.
It’s best to act quickly so evidence and witness statements remain fresh. A lawyer can confirm the exact time limits for your case and help you file all necessary documents before any deadlines expire.
Can I Sue My Employer For a Construction Site Injury?
In most cases, you cannot sue your employer if you qualify for workers’ compensation. The law protects employers from personal injury lawsuits when they provide workers’ compensation coverage for their employees. However, some exceptions exist.
If your employer intentionally caused you harm or failed to provide proper insurance coverage, you might be able to sue them. Additionally, you can still pursue claims against third parties who contributed to the accident, such as contractors or equipment manufacturers. An attorney can evaluate your employment status and the cause of your injury to determine whether you have grounds for a lawsuit.
What If I’m Partially At Fault For the Construction Accident?
You could still recover compensation after a construction accident, even if you share some fault. If you qualify for workers’ compensation, you can receive benefits regardless of fault, since workers’ comp is a no-fault system. However, if you pursue a third-party claim, your percentage of fault could reduce the amount you can recover in that claim. A work injury lawyer can evaluate both claim types and protect your right to fair compensation.
Why Should I Contact a Lawyer After a Construction Site Accident in Wisconsin?
An attorney can protect your rights and help you recover full compensation for your injuries. Construction accidents often involve multiple parties, complex safety rules, and insurance disputes. Without legal help, you might miss key evidence or deadlines that affect your claim.
Your lawyer can investigate the cause of the accident, determine who is liable, and handle all communication with insurers. They can also help you understand whether to pursue a workers’ compensation claim, a personal injury lawsuit, or both. Securing legal representation is the best way to maximize your recovery after a construction site accident injury in Wisconsin.
Both of the attorneys at Atterbury, Kammer & Haag, S.C., have been awarded the very highest trial lawyer rating attainable in this country. When you hire Atterbury, Kammer & Haag, S.C., you get an attorney who has been proven capable and skillful. Even if your Madison construction site injury seems complex, call us. We are in Middleton at 608-821-4600 or 1-866-449-7210. You can also fill out our online contact form to tell us a little about your accident, work injury or construction injury and we will contact you.
