Personal Injury
Hurt while doing construction work? Get care and keep your job and injury records.
Updated 13 sources
See If You Qualify
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Updated 13 sources
This may apply to you if
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You answer a few questions
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Who qualifies
These are cited sources. Their inclusion does not imply that they endorse People’s Justice or reviewed this page.
U.S. Bureau of Labor Statistics · U.S. Department of Labor · Issuer of the 2024 fatal occupational injury census
Finding: The construction and extraction occupation count differs from an industry count; national surveillance does not determine individual cause or liability.
BLS: 2024 fatal occupational injury census, February 2026 (opens in a new tab) · Feb 19, 2026 · Checked Oct 3, 2026
U.S. Bureau of Labor Statistics · U.S. Department of Labor · Issuer of the industry summary
Finding: The private construction industry total uses an industry classification, distinct from the census occupation group.
BLS: construction industry fatalities, April 2026 (opens in a new tab) · Apr 28, 2026 · Checked Oct 3, 2026
U.S. Bureau of Labor Statistics · 2024
Read the source: National Census of Fatal Occupational Injuries in 2024 (opens in a new tab) · Checked Oct 3, 2026
Not covered by this case
Ask about first contact and costs you may owe if the claim loses.
Source: ABA Model Rule 1.5: fees · as of Oct 3, 2026
Keep records that describe your history and the harm you want checked. Ask the provider about missing health records.
Source: 45 CFR 164.524: access to health records · as of Oct 3, 2026
Give a lawyer your dates and locations. Ask which law and claim apply before choosing a filing date.
Source: Southern District of New York: time limits · as of Oct 3, 2026
Ask about the next step, the firm handling the case, fees, expenses and privacy terms before you agree.
Source: ABA Model Rule 1.5: fees · as of Oct 3, 2026
If you were hurt while doing construction work, ask for a record and claim check. Explain your job, site and what happened. A lawyer must assess which rules and routes fit.
Start with the site address, date, task and the companies you know were involved. Mark a company’s role as uncertain if you do not know who employed or controlled it. A hard hat logo or a name on a truck should not replace a check of the work records.
The Department of Labor distinguishes federal programs for specific worker groups from state workers’ compensation systems. Ask whether your employer, contract and work location place you in one of those routes. Do not assume all construction workers have the same coverage.
Tell the reviewer if you were hired through a staffing company, paid as a contractor or working on a public project. Ask how that status will be checked. These are preparation questions, not a finding that a payment label determines your legal status.
A work site injury may need more than one review. A report about safety and a claim for benefits are different steps. Ask what has been filed for you.
OSHA’s complaint guide distinguishes a workplace hazard report from a retaliation complaint. A request for an inspection does not itself establish a civil claim or a payment. Ask the agency or lawyer what a receipt means and which question remains unresolved.
Bring any claim number, decision, hearing notice or denial letter to the discussion. Ask which organization issued it and what action it calls for. A website inquiry should not be treated as a completed agency filing, a court case or legal representation.
If someone already handles your benefits, identify that person and the work they agreed to do. Ask whether a separate review of another company is included. Keep a written list of who handles care, benefits, safety issues and possible court work.
No payment amount for your injury is estimated here. Ask what could be covered and what proof is needed. Check fees and any repayment issue before counting on a net amount.
California’s guide describes treatment, partial wage replacement and return-to-work help through its benefits system. It separates those benefits from pain-and-suffering or punitive damages. That example does not establish the benefit schedule or possible civil damages in another state.
California law also recognizes certain employer rights against a third person after benefits are paid. Ask how any reimbursement issue would affect money available to you. A separate claim should not be presented as guaranteed extra money with no deductions.
Prepare bills, pay records, time away from work and notices about payments already received. Mark estimates as estimates. Ask the lawyer to separate amounts claimed, amounts agreed, deductions and money actually available, rather than comparing your situation with an advertised result.
Ask for the actual written fee and expense terms. Check whether the first talk costs anything. Ask what you may owe if the claim brings no payment.
The ABA model rule describes how an outcome-based fee agreement should explain percentages and case expenses. It does not verify this provider’s agreement or the rules of every state benefits system. Ask which fee rules apply to the work being proposed.
Ask whether the proposed service covers the benefits claim, a separate court claim, a denial appeal or only a first review. Ask about record charges and expert work before agreeing. Keep the scope next to the price so extra tasks are easy to identify.
Ask who advances expenses, whether they come out before or after a fee and what happens if representation ends. If another firm receives the matter, ask whose agreement governs. Do not infer a free or private service from a public agency citation.
Ask for a check of each route and its time limit. Benefit, safety and court claims can need different steps. Do not use one website date as your personal filing deadline.
OSHA’s guide warns that retaliation periods vary with the governing statute and treats safety complaints separately. Those agency periods do not calculate the time for a civil injury claim. Ask which agency, rule and event apply to the notice you received.
The federal court’s general time-limit explanation also directs attention to the claim and applicable law. Give the lawyer the incident date, locations, notice dates and any earlier filing. Identify an uncertain date rather than choosing a legal start date yourself.
For a public project, a death, gradual harm or an earlier denied claim, ask if special notices or procedures must be checked. Keep the original envelope and message where available. Ask what must be done, who will do it and how completion will be confirmed.
Get care for an urgent injury. Keep the records you have and ask about reporting and claim steps. A legal inquiry should not delay needed care.
California’s injured-worker guide tells workers to get emergency care when needed and report the injury promptly. Its state-specific instructions are not a diagnosis or a national report deadline. Ask your own employer and appropriate agency how the rules fit your situation.
When safe, write down what you remember about the task, equipment, location and people present. Keep photographs or messages you already hold without altering them. Do not return to a dangerous area or interfere with equipment just to create evidence.
Ask the clinician how to obtain care records and any written work restrictions. The federal records-access rule covers specified records with exceptions. Ask the employer or agency how to report accurately, and keep proof of the step you actually completed.
Official records describe groups of workers and reported events. They do not prove what caused your injury. Ask which evidence fits the actual site and task.
BLS distinguishes workers’ occupations from employers’ industries. Its 2024 census reports deaths in the construction and extraction occupation group; a separate industry summary uses a different construction total. Comparing those categories as though they are the same can mislead a reader.
The census uses several sources to identify and verify fatal injuries. It is not a study of every nonfatal injury, a test of medical treatment or a finding about fault. National patterns cannot decide whether a particular company caused the event in your file.
OSHA identifies construction hazards involving falls, machinery, equipment and electricity. Its safety resources help identify hazards; they do not establish a worker’s diagnosis or the value of a claim. Ask the clinician about care and the lawyer about the evidence required for liability.
Gather job details, incident records and care papers you already have. Mark gaps rather than guessing. Ask how to request missing records and share them safely.
OSHA’s worker-rights page describes access to specified injury, illness and medical records. Ask which records exist for your workplace and how a request should be made. A public inspection listing may need further explanation before it can be matched to the event you describe.
Consider the hire agreement, pay records, job assignment, site notices and any equipment identifier you recorded. Ask which company controlled each part of the work rather than assigning responsibility from memory alone. Keep a witness name as a possible contact, not as a promised testimony.
For a denied claim, bring the reason, decision date and any response instructions. For ongoing care, keep bills and restrictions separate from guesses about long-term health. Ask the reviewer to list missing records so a gap is not silently filled by an online example.
Ask whether another company’s role needs legal review. Benefits and a claim against someone else can raise different issues. Do not assume both routes pay or that every company can be sued.
California Labor Code 3852 preserves a covered employee’s claim against a person other than the employer despite a compensation claim. It also recognizes rights of an employer that pays benefits. This statutory example requires checking the actual parties, facts and related rules.
List the employer, site owner, contractor and equipment supplier only where your records identify them. Ask which role is legally relevant and what remains uncertain. The presence of several companies at a site is not proof that each owed or breached the same duty.
Ask how the benefits representative and any civil lawyer would coordinate records, releases and payments. Request an explanation before signing terms that could affect another matter. A promise that pursuing two routes always produces more money is not made here.
No automatic result is promised. New York’s law covers specified work and protective devices, with exceptions. A lawyer must check the facts and current court law.
Labor Law 240 places specified protective-device duties on covered owners, contractors and agents. Its text lists kinds of work and exceptions, including an exception for certain one- and two-family owners. The statute should not be reduced to a claim that every fall creates liability.
For a New York event, describe the task, height, equipment and how the work was directed. Ask which provision may apply and what the controlling cases require. For work elsewhere, ask about that jurisdiction rather than borrowing a New York slogan.
Ask who reviews the work and injury records. Request the missing items and a clear next step. Check the firm, scope, fee and privacy terms before agreeing.
Say whether an agency, insurer or lawyer has already reviewed the matter. Ask how the new review fits with existing work and whether anyone will contact another party. Keep permission to share documents separate from an agreement to provide legal representation.
Ask how mistakes in job or incident records can be corrected and who receives the files. Ask how to follow up if there is no reply. No current provider, response time or acceptance promise is verified by the court and agency sources on this page.
If the review finds no available route, ask for the reason and whether another question still needs checking. Keep care and agency obligations on the record. A declined inquiry alone should not be treated as a court ruling that no claim exists.
The answers below separate benefit systems, safety reports and court questions. They do not decide an individual claim. Bring your state, work and notice records to the review.
The sources include official worker guidance, statutes and dated federal injury records. Each answers a different question. Ask for the exact rule or record behind advice about your own matter.
Traumatic brain injury is one of the most serious and life-altering injuries in construction accidents, typically resulting from falls from elevation (scaffolds, ladders, roofs), being struck by falling objects, or being caught between equipment and a fixed structure. Construction TBIs range from concussion (mild TBI) to severe TBI with prolonged loss of consciousness, structural brain damage, and permanent cognitive and physical disability. Severe TBI is a leading cause of death and permanent disability in construction fatalities. The CDC defines TBI as a disruption in the normal function of the brain caused by a bump, blow, or jolt to the head or a penetrating head injury. Falls from scaffolds and ladders are the most common mechanism of construction TBI. TBI cases typically involve the highest civil lawsuit recovery values in construction accident litigation due to the permanence and severity of functional impairment.
Spinal cord injuries in construction accidents occur most commonly from falls from elevation (scaffold falls, roof falls, ladder accidents) and from being struck by heavy loads or equipment. Spinal cord injury (SCI) is classified by level and completeness: complete SCI results in total loss of motor function and sensation below the injury level; incomplete SCI preserves some function. Cervical (neck) injuries cause quadriplegia or tetraplegia — loss of function in all four limbs. Thoracic injuries cause paraplegia — loss of lower body function with intact upper body. Lumbar injuries may cause partial lower extremity paralysis and bowel/bladder dysfunction. No settlement has been announced. What any claim is worth depends on its facts, and no one can promise an amount.
Crush injuries and traumatic amputations are characteristic injuries of construction caught-in/between accidents — one of the Fatal Four hazard categories. Caught-in/between accidents occur when a worker's body or limb is trapped between a moving part and a fixed object, pinched between two pieces of equipment, caught in unguarded machinery, or buried in a trench or excavation collapse. Crush injuries cause massive tissue destruction, internal organ damage, and the systemic inflammatory response known as crush syndrome, which can lead to acute kidney failure, cardiac arrhythmia, and death if not treated rapidly. Traumatic amputations — partial or complete severing of a limb by machinery, equipment, or structural collapse — result in permanent disability requiring prosthetic limb fitting, extensive rehabilitation, and lifelong adaptive management. OSHA's machinery guarding standards (29 CFR 1926.300) and excavation standards (29 CFR 1926.650) are the primary regulatory frameworks governing these accidents.
Construction fatalities represent the most severe category of construction accident and give rise to wrongful death lawsuits on behalf of surviving family members. In 2024, 1,032 construction workers were killed on the job in the United States — an average of nearly three per day. Fatal construction accidents most commonly result from the Fatal Four hazards: falls from elevation (395 fatalities in 2024), struck-by accidents (175 fatalities), electrocution (82 fatalities), and caught-in/between accidents (21 fatalities). Surviving spouses, children, and dependent family members have the right to bring a wrongful death claim against third-party defendants — the general contractor, property owner, equipment manufacturer, or other negligent party — to recover the full economic and non-economic damages caused by the worker's death. Workers' compensation death benefits pay a fraction of the decedent's wages; the wrongful death civil lawsuit recovers the full economic value of the lost life and the non-economic losses suffered by the family.
Construction accident risk is not uniform across all workers on a job site. Fatality and serious injury rates vary dramatically by trade, work task, and the specific Fatal Four hazard category that applies to each type of work. Understanding which worker profiles carry the highest risk — and which regulatory duties apply to their employers — is essential for evaluating the strength and value of a construction accident claim. The following profiles reflect the trades and work types associated with the highest rates of fatal and catastrophic construction injuries.
Falls from Elevation — Roofing, Structural Steel, Framing
Electrical — Energized Equipment, Overhead Lines, Arc Flash
Struck-By / Caught-In — Cranes, Excavators, Forklifts, Dump Trucks
Multi-Hazard — Falls, Struck-By, Overexertion, Chemical Exposure
Structural Collapse / Struck-By / Hazardous Materials — Demolition Work
Construction accident injury risk profiles reflect occupational fatality and injury data from OSHA, BLS/CFOI, and CPWR research as of 2025. Individual claim strength depends on the specific circumstances of the accident, the applicable OSHA standards, state labor law (particularly New York Labor Law § 240 for New York cases), and the documentation of safety violations by the employer, general contractor, and property owner. An attorney experienced in construction accident litigation can evaluate your case after the accident — evidence on construction sites changes as work continues.
The construction industry operates under one of the most extensive occupational safety regulatory frameworks in the United States. OSHA's 29 CFR Part 1926 — the Construction Safety Standards — establishes legally enforceable duties for contractors, subcontractors, and site owners covering every major hazard category. OSHA's 'Fatal Four' — falls, struck-by incidents, electrocutions, and caught-in/between hazards — account for over 60% of all construction worker fatalities annually. Violations of these federal and state standards are central evidence in construction accident litigation, often establishing negligence per se and supporting claims for punitive damages against employers and general contractors.
OSHA's 29 CFR Part 1926 Construction Safety Standards create legally enforceable duties for employers on every construction site in the United States. Violations of fall protection, scaffold, electrical, and struck-by standards are the evidentiary backbone of construction accident litigation. In New York, Labor Law § 240 imposes absolute liability without comparative fault reduction — making it the most powerful legal tool available to injured construction workers. OSHA inspection records, citation notices, and NIOSH fatality reports are important evidence that can be obtained following any serious construction site injury.
Construction accident claims involve two parallel legal tracks with different deadlines. Workers' compensation claims require injury reporting to your employer within 30 days in most states, with a formal claim filing deadline of 1 to 2 years from the injury date. Civil third-party lawsuits against general contractors, property owners, equipment manufacturers, and other non-employer parties have separate statutes of limitations — typically 2 to 3 years from the injury date. Missing the workers' comp reporting deadline can forfeit your workers' comp benefits. Missing the civil lawsuit deadline can bar the claim, but exceptions (such as tolling or discovery rules) may apply, and an attorney can check. Both deadlines run independently and both must be met.
The civil lawsuit statute of limitations begins on the date of injury in most states. New York: 3 years (civil lawsuit); 30 days to report to employer for workers' comp; 2 years to file workers' comp claim. California: 2 years (civil lawsuit); 30 days employer notice; 1 year workers' comp filing. Texas: 2 years (civil lawsuit); 30 days employer notice; 1 year workers' comp filing. Florida: 2 years (civil lawsuit under 2023 reform); 30 days employer notice; 2 years workers' comp filing. Illinois: 2 years (civil lawsuit); 45 days employer notice; 3 years workers' comp filing. Pennsylvania: 2 years (civil lawsuit); 21 days employer notice; 3 years workers' comp filing. Claims against government entities — city, state, or federal construction projects — may have notice-of-claim requirements as short as 90 days. Wrongful death claims have separate deadlines beginning from the date of death, typically 2 years. Always verify the exact deadline in your state with a construction accident attorney — the costs of missing a filing deadline are irreversible.
New York civil lawsuit deadline: March 15, 2027 (3 years). Workers' comp employer notice: within 30 days (April 14, 2024). Workers' comp formal claim: 2 years. NY Labor Law §240 absolute liability applies — a lawyer can help preserve evidence, obtain OSHA inspection records, and identify all liable third parties (GC, property owner).
You can pursue workers' compensation and a third-party civil lawsuit simultaneously. Workers' comp provides immediate income replacement while the civil case proceeds. A lawyer can check the deadlines on both tracks. Whether that time has passed depends on your facts, so don't rule yourself out. A lawyer can tell you.
Your state
Deadlines vary by state and by case. A lawyer can confirm yours.
Describe the actual task and event. OSHA identifies hazards such as falls, machinery, heavy equipment and electricity. Do not turn a hazard list into a diagnosis or a finding that a company caused your injury.
Source: OSHA: construction hazards · as of Oct 7, 2026
No payment is promised. OSHA distinguishes safety and retaliation complaints; a complaint is not a civil award. Ask a lawyer what the actual report means for your records and possible claim.
Source: OSHA: construction hazards · as of Oct 7, 2026
No. Ask which system and claim fit. California’s guide describes treatment and partial wage replacement without pain-and-suffering damages. A separate civil claim has different questions; the California example is not a national rule.
Source: California Division of Workers’ Compensation: Information for injured workers · as of Oct 7, 2026
No automatic result is promised. The statute covers specified work and protective duties, with exceptions. Ask a New York lawyer to check your task, equipment, parties and current court law.
Source: New York Labor Law 240: specified construction protection · as of Oct 7, 2026
List the employer, contractor, owner or supplier where your records identify them. Mark unclear roles. Ask which company may have a legal duty; being present at a site does not decide liability.
Source: OSHA: construction hazards · as of Oct 7, 2026
It depends. Ask for a check of each possible route and deadline. Court claims depend on the law that applies, so give the reviewer your dates and notices rather than choosing one national deadline.
Source: Southern District of New York: time limits · as of Oct 7, 2026
Gather medical bills, pay records, dates you missed work and any benefit notices you have. Ask what proof is needed and what deductions may apply. Any amount depends on the records and the law that applies.
No completion date is promised. Ask what has been filed, which decision is pending and who handles the next step. Keep any agency or court notice so the answer concerns your actual matter.
Source: OSHA: construction hazards · as of Oct 7, 2026
Checked against 13 primary sources by People's Justice editors · Updated
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