Construction sites are among the most dangerous workplaces in Wisconsin. According to the Bureau of Labor Statistics, the construction industry consistently ranks among the top sectors for workplace injuries and fatalities in our state. In a recent year, Wisconsin reported 112 fatal work injuries, with construction accounting for a significant portion of these deaths.
The complex nature of construction sites, with multiple contractors working simultaneously, heavy machinery in operation, and constantly changing conditions, creates numerous hazards for workers and visitors alike. When accidents occur, determining liability can be complicated, but it’s essential for ensuring victims receive proper compensation for their injuries.
Multiple Parties May Be Liable for Construction Site Injuries
What makes construction site injury claims particularly complex is that multiple parties may share liability for an accident:
General Contractors
General contractors have overall responsibility for site safety and OSHA compliance. They must:
- Ensure the site meets all safety regulations
- Coordinate between different subcontractors
- Conduct regular safety inspections
- Address hazardous conditions promptly
- Provide proper training and supervision
Subcontractors
Subcontractors are responsible for safety within their specific scope of work. They must:
- Follow industry safety standards
- Properly train and supervise their employees
- Maintain their equipment in safe working condition
- Coordinate with the general contractor and other subcontractors
Property Owners
Property owners may be liable if they:
- Knew about dangerous conditions but failed to address them
- Maintained control over the construction process
- Failed to warn about known hazards on the property
Equipment Manufacturers
Manufacturers can be held liable if defective tools or machinery caused an accident. This includes:
- Design defects that make equipment inherently dangerous
- Manufacturing defects that cause equipment to malfunction
- Inadequate warnings or instructions for safe operation
Architects and Engineers
Design professionals may be responsible for accidents caused by:
- Design flaws that create unsafe conditions
- Errors in structural calculations
- Failure to comply with building codes
- Inadequate oversight during construction
Common Types of Construction Site Accidents
Construction workers face numerous hazards on job sites. The most common types of construction accidents include:
Falls from Heights
Falls from scaffolding, ladders, roofs, and other elevated work areas account for the largest percentage of construction fatalities. These accidents often result in severe injuries such as:
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Multiple fractures
- Internal organ damage
Struck-by Injuries
Workers can be struck by falling objects, swinging materials, or moving equipment, resulting in:
- Head and brain injuries
- Crushed limbs
- Broken bones
- Lacerations and contusions
Caught-in/Between Accidents
These occur when workers are caught in machinery or trapped between objects, such as:
- Trench collapses
- Equipment rollovers
- Machinery without proper guards
- Materials being moved or positioned
Electrocutions and Burns
Contact with power lines, exposed wiring, or faulty electrical equipment can cause:
- Electrical burns
- Cardiac arrest
- Nerve damage
- Fatal electrocution
Slip and Falls
Uneven surfaces, debris, spills, and weather conditions can lead to:
- Back and neck injuries
- Broken bones
- Soft tissue injuries
- Head trauma
Exposure to Toxic Substances
Construction workers may be exposed to:
- Asbestos
- Lead
- Silica dust
- Harmful chemicals
Two Paths to Compensation After a Construction Site Injury
If you’re injured on a construction site in Wisconsin, you generally have two potential paths to compensation:
Workers’ Compensation
If you’re an employee injured on the job, workers’ compensation provides benefits regardless of who was at fault. These benefits typically include:
- Medical expenses related to your injury
- Partial wage replacement (typically two-thirds of your average weekly wage)
- Vocational rehabilitation if you cannot return to your previous job
- Permanent partial disability benefits for lasting impairments
- Death benefits for families of workers killed on the job
However, workers’ compensation has significant limitations:
- It doesn’t provide compensation for pain and suffering
- It typically pays only a portion of lost wages
- It limits your ability to sue your employer directly
Third-Party Personal Injury Claims
If someone other than your employer or a co-worker caused your injury, you can pursue a personal injury claim against that third party while still collecting workers’ compensation benefits. Potential third-party defendants include:
- Subcontractors from other companies
- Equipment manufacturers
- Property owners
- Architects or engineers
- Delivery drivers or other non-employees on site
Third-party claims offer several advantages over workers’ compensation:
- They allow recovery for pain and suffering
- They can provide compensation for 100% of lost wages
- They may include damages for loss of enjoyment of life
- They can result in higher overall compensation
Important Deadlines for Construction Accident Claims
The statute of limitations for construction accident claims in Wisconsin is generally three years from the date of injury for personal injury claims. However, certain circumstances may shorten this timeframe:
- Claims against government entities may have notice requirements as short as 120 days
- Workers’ compensation claims should be reported to your employer immediately and filed within two years
- Product liability claims may be subject to different deadlines
Missing these deadlines can permanently bar your right to compensation, making it crucial to consult with an attorney as soon as possible after an injury.
Why You Need an Experienced Construction Accident Attorney
Construction accident cases require specialized knowledge of:
- OSHA regulations and industry safety standards
- Workers’ compensation laws
- Complex liability issues involving multiple parties
- Technical aspects of construction processes
- Expert witnesses in construction, engineering, and medicine
At Fitzpatrick, Skemp & Butler, LLC, our attorneys have extensive experience with both workers’ compensation and third-party construction accident claims. We understand the complex web of regulations and responsibilities on construction sites and work diligently to identify all potentially liable parties to maximize your compensation.
Contact Our Construction Accident Lawyer Today!
If you’ve been injured in a construction accident in Wisconsin, you may be entitled to significant compensation beyond basic workers’ compensation benefits. Understanding the potential liability of various parties involved in your construction project is key to securing the full compensation you deserve.
Our experienced construction accident attorneys will thoroughly investigate your case, identify all responsible parties, and pursue every available avenue of compensation. Contact us today for a free consultation to discuss your construction injury claim.