One in every 100 construction workers will get hurt badly enough to miss work this year. Those aren’t just numbers – they are real people facing real challenges. It’s a tough job, but someone has to do it.
If you work in construction in Wisconsin, understanding your rights is essential. This guide will walk you through everything you need to know about workers’ compensation. From potential claims against other parties to the safety regulations that protect you on the job.
Note that while we aim to provide helpful information, this guide is for general information only. Every case is unique, so please consult with an attorney for advice about your specific situation.
Common Causes of Construction Site Injuries
There’s a reason construction ranks second in workplace fatalities, right behind truck driving. Between heavy machinery, working at heights, and exposure to hazardous materials, construction sites pose unique risks. Let’s look at what typically causes these injuries:
- Falls: The leading cause of construction injuries. Whether it’s from scaffolding, roofs, or ladders, even a short fall can lead to serious injuries.
- Struck-by accidents: Happen when objects, equipment, or vehicles hit workers. A falling tool from several stories up or a piece of heavy machinery backing up in a blind spot can cause devastating injuries in an instant.
- Caught-in/between accidents: Occur when workers get trapped in machinery or crushed between objects.
- Electrocutions: Remain a constant threat on construction sites. Contact with live wires or faulty equipment can cause severe burns, internal injuries, or worse.
- Trench collapses: Can trap and suffocate workers in seconds. Without proper shoring and safety measures, soil walls can give way without warning.
- Equipment malfunctions: Cause injuries when machines break down or safety features fail. Regular maintenance helps prevent these accidents, but defective equipment still poses risks.
- Exposure to hazardous materials: Asbestos, lead, or silica dust can cause serious long-term health problems. Sometimes, the effects don’t show up until years later.
- Repetitive stress injuries: Develop over time from doing the same motions day after day. These injuries might start small but can become debilitating if left untreated.
Wisconsin Workers’ Compensation
You might be surprised to learn that more than 27% of construction workers don’t report their work injuries. Many stay quiet because they don’t know their rights or worry about getting in trouble.
Let’s clear something up right now: Workers’ compensation exists to protect you. It’s a no-fault system, which means you can receive benefits even if you accidentally caused your own injury. The only exceptions are self-inflicted injuries or those caused by drugs or alcohol.
What’s Covered?
If you work for a company with three or more employees or if you make at least $500 over six months, your employer must carry workers’ compensation insurance (Wis. Stat. § 102.04). Your injury needs to arise “out of and in the course of employment” to qualify for benefits (Wis. Stat. § 102.03). That simply means the injury happened while you were doing your job.
The Benefits of Workers’ Comp
Getting hurt affects more than just your health. About 40% of construction injuries result in missed work days. That’s why workers’ comp provides several types of benefits:
- Medical Expenses cover all necessary treatment related to your injury. You don’t have to worry about co-pays or deductibles for approved care.
- Lost Wages benefits help replace your income while you recover. You can receive temporary total disability (TTD) benefits while off work and permanent partial disability (PPD) benefits if you have lasting impairments.
- Vocational Rehabilitation services help you return to work or train for a new position if you can’t return to construction.
- Death Benefits provide financial support to families who lose a loved one in a construction accident.
Understanding the Reporting Requirements
You must report your injury to your employer as soon as possible. While Wisconsin law gives you 30 days (Wis. Stat. § 102.12), earlier reporting helps avoid benefit delays and questions about your injury.
The Case of Disputes
Sometimes, employers or insurance companies dispute claims. If this happens, don’t give up! You can request mediation or a hearing with the Department of Workforce Development. An experienced attorney can guide you through this process and protect your rights.
What is the Exclusive Remedy Rule?
Here’s something important to know. Workers’ compensation is usually your only remedy against your employer. This means you typically can’t sue them for negligence. But don’t worry – there’s more to the story, as we’ll explore in the next section.
Third-Party Claims
In some cases, accidents are more complicated than just worker vs. employer. Imagine a delivery driver hits you on the construction site or faulty equipment causes your injury. As you can imagine, you might have a claim against other parties.
Who might be responsible? Let’s look at some possibilities:
- General Contractors can be liable if their decisions or lack of oversight create unsafe conditions. For example, failing to coordinate work between different trades safely.
- Subcontractors working alongside you might cause accidents through careless actions. Their negligence could make them responsible for your injuries.
- Equipment Manufacturers bear responsibility for defective products that cause injuries. This includes tools, machinery, or safety equipment that fails to work as designed.
- Property Owners can be liable for dangerous conditions they knew about but didn’t fix. This applies when they’re not your employer.
- Engineers or architects might be responsible if their designs create unsafe conditions that lead to your injury.
The Benefits of Third-Party Claims
Third-party claims let you seek compensation beyond what workers’ comp provides. You can recover damages for pain and suffering, emotional distress, and full lost wages instead of the partial wages workers’ comp pays.
Interplay with Workers’ Compensation
If you win a third-party claim, the workers’ comp insurer might seek reimbursement for benefits they paid. Don’t worry – your attorney will handle these details to maximize your recovery.
Wisconsin Safe Place Statute
Next, we have to mention the Safe Place Statute. Wisconsin law (Wis. Stat. § 101.11) requires employers and building owners to make workplaces as safe as possible. This goes beyond basic safety – it means taking all reasonable precautions to prevent accidents.
Does the Safe Place Statute Apply to Construction Sites?
Yes! Construction sites must follow the Safe Place Statute. This law holds property owners and employers to a higher standard than regular negligence rules.
Examples of Violations
Many construction sites could be safer. Here are common Safe Place Statute violations we see:
- Failure to provide adequate safety equipment like harnesses, hard hats, or proper scaffolding
- Failure to maintain equipment in safe working condition
- Failure to warn workers about known hazards on the site
- Failure to properly supervise dangerous work activities
Impact on Third-Party Claims
The Safe Place Statute helps strengthen third-party claims. For instance, if a property owner knows about a dangerous condition but doesn’t fix it, they’ve violated the statute. This makes it easier to prove they should pay for your injuries.
OSHA Regulations
If you’re in construction, you probably know about OSHA. These federal safety standards set the minimum requirements for construction site safety. When companies violate these standards and workers get hurt, it can help prove negligence in injury claims.
Our lawyers know how to use OSHA violations to strengthen your case and fight for the compensation you deserve.
What to Do After a Construction Site Injury
No one plans to get hurt at work or even wants to think about it. However, knowing what to do after an injury can protect your rights and help your recovery:
- Seek Medical Attention right away, even if you think it’s minor. Some injuries get worse over time, and early treatment documentation helps your claim.
- Report the injury to your supervisor immediately. Don’t just tell your coworkers – make sure management knows what happened.
- Document the Scene with photos or video if you can safely do so. Pictures of the accident scene, equipment involved, and your injuries provide valuable evidence.
- Get Witness Information from anyone who saw what happened. Their statements could support your claim later.
- Contact an attorney who knows about construction accidents and Wisconsin law. The right legal help makes a huge difference in protecting your rights.
Conclusion
Construction work builds our communities, but it shouldn’t cost your health or livelihood. You have rights under Wisconsin’s workers’ compensation system, potential third-party claims, and safety laws like the Safe Place Statute.
Don’t navigate these complex legal issues alone. If you’ve been hurt on a construction site, talk to an experienced Wisconsin construction accident attorney. We’re here to help you understand your rights and fight for the compensation you deserve.
