Construction Accidents and Workers’ Compensation

Construction Accidents and Workers’ Compensation: What Injured Workers Need to Know

Construction sites are among the most dangerous workplaces in the United States. With heavy machinery, high elevations, electrical hazards, and tight deadlines, workers face serious risks every day. When an accident occurs, it can leave a worker with debilitating injuries, emotional stress, and financial uncertainty.

Understanding your rights under workers’ compensation—and knowing when additional legal action may be necessary—is essential. This guide breaks down the key steps, benefits, and legal considerations every injured construction worker should know.

Common Types of Construction Accidents

Injuries can occur in countless ways on a job site. Some of the most frequent causes of construction-related injuries include:

• Falls from heights – Scaffolding, ladders, and rooftops are major risk areas.

• Equipment accidents – Injuries involving cranes, forklifts, power tools, or defective machinery are common.

• Electrocution – Working near exposed wires or power lines poses a high risk.

• Falling objects – Tools, materials, and debris can cause traumatic head and neck injuries.

• Trench collapses – Workers can be buried or crushed due to excavation failures.

• Repetitive motion injuries – Strains and overuse injuries develop over time.

• Exposure to toxic chemicals – Some job sites include dangerous fumes or materials like asbestos.

Regardless of how your injury occurred, if it happened on the job, you may be entitled to workers’ compensation benefits.

What Is Workers’ Compensation?

Workers’ compensation is a form of no-fault insurance that provides medical and wage benefits to employees injured on the job. In most states, employers are legally required to carry workers’ comp coverage for their employees.

Workers’ Comp Typically Covers:

• Medical expenses (hospital visits, surgeries, medications, therapy)

• Lost wages during time off work

• Temporary or permanent disability benefits

• Job retraining or vocational rehabilitation

• Death benefits to the worker’s dependents in fatal cases

The no-fault aspect of workers’ comp means that you can generally receive benefits even if the accident was partially your fault—as long as it happened within the course of employment.

Steps to Take After a Construction Accident

If you’re injured on the job, taking the right steps early can make a significant difference in the success of your workers’ compensation claim:

1. Report the Injury Immediately

Notify your supervisor or employer right away. Many states have strict deadlines—sometimes as short as 30 days.

2. Get Medical Attention

Go to the ER or an authorized workers’ comp doctor as soon as possible. Be honest and thorough about your symptoms.

3. Document Everything

• File an official accident report

• Keep copies of medical records

• Take photos of injuries and the scene if possible

• Get witness statements if anyone saw what happened

4. Submit a Workers’ Comp Claim

Follow your state’s process for filing a claim. This may include specific forms or deadlines.

5. Consult an Attorney if Issues Arise

If your claim is delayed, denied, or disputed, an experienced workers’ compensation attorney can protect your rights and pursue an appeal.

Third-Party Liability in Construction Accidents

While workers’ comp usually prevents you from suing your employer, you may be able to file a personal injury lawsuit against a third party who caused or contributed to the accident.

Common Third Parties Include:

• Equipment manufacturers – if a defective machine or tool caused your injury

• Subcontractors – if another contractor’s negligence led to the incident

• Property owners or developers – if dangerous site conditions existed

These third-party claims can provide additional compensation for:

• Pain and suffering

• Loss of future earnings

• Full reimbursement of lost wages (beyond workers’ comp limits)

A qualified attorney can investigate whether you have both a workers’ comp claim and a personal injury claim—and pursue both simultaneously if applicable.

Common Workers’ Compensation Challenges and Denials

Unfortunately, workers’ comp claims don’t always go smoothly. Insurance companies may delay or deny claims for several reasons:

• Missed filing deadlines

• Employer disputes the claim (e.g., saying it didn’t happen at work)

• Insufficient medical evidence

• Failure to follow treatment plans

If you receive a denial letter, you still have options. Most states allow appeals through an administrative hearing or workers’ compensation board. Having legal representation significantly increases your chance of success during an appeal.

Types of Benefits You May Be Entitled To

Workers’ compensation includes several types of benefits depending on the severity of the injury:

1. Temporary Total Disability (TTD)

Paid when you can’t work at all during recovery.

2. Temporary Partial Disability (TPD)

For cases where you can return to work in a reduced capacity.

3. Permanent Total Disability (PTD)

If your injury prevents you from returning to work permanently.

4. Permanent Partial Disability (PPD)

If you can work, but with a lasting physical impairment.

5. Vocational Rehabilitation

Helps injured workers transition to a new job or field if they can’t return to construction work.

6. Death Benefits

If the accident is fatal, surviving spouses and dependents may receive burial expenses and ongoing financial support.

Why Hiring a Construction Accident Attorney Is Crucial

The workers’ compensation system is complex and can be stacked against injured workers without legal support. Here’s how an attorney can help:

• Ensure all paperwork is filed properly and on time

• Fight claim denials or delays

• Negotiate a fair settlement, especially in permanent injury cases

• Investigate third-party liability and file additional claims

• Maximize the value of your benefits

If you’ve been injured on a construction site, you don’t have to navigate the process alone. Workers’ compensation exists to protect you—but it isn’t always automatic. From understanding your rights to dealing with insurance companies and exploring additional legal options, getting the right guidance early can make all the difference.

Why Trust The Dashner Law Firm with Your Texas Construction Injury Case

When you’re injured on a construction site, choosing the right legal team can make all the difference. At The Dashner Law Firm, we bring extensive experience handling complex construction accident cases across Texas. Our Texas construction injury lawyers understand the unique challenges these claims present—from navigating workers’ compensation to pursuing third-party liability—and we’re committed to securing the full compensation you deserve.

We don’t just handle cases—we fight for real results. With a proven track record and deep knowledge of Texas construction laws, we build strong, evidence-backed claims that hold negligent parties accountable. If you or a loved one has been hurt in a construction accident, contact The Dashner Law Firm today for a free consultation. Let us help you protect your rights and pursue justice.