In January 2024, Wisconsin hit an all-time high for construction jobs, adding 1,900 jobs for a total of 140,000 construction workers [1]. However, these job sites are dangerous places: a rise in employment may also bring a rise in tragic construction accidents that lead to life-changing injuries or even death.
Our Wisconsin construction injury attorneys are here to assist you if you have been injured on a construction site.
Why Choose Rosenfeld Injury Lawyers
At Rosenfeld Injury Lawyers, we are committed to securing the highest compensation for clients injured in construction accidents. Our experienced and dedicated legal team has a proven track record of achieving substantial settlements and verdicts in these complex cases.
Fatal fall injuries
Fatal crush injuries
Fatal roof fall
Fatal skylight fall
Electrical burn injuries
Ladder fall injuries
We meticulously investigate every detail to ensure that all medical expenses, lost wages, and pain and suffering are fully covered. Our deep understanding of construction accident claims allows us to fight tirelessly for your rights and prioritize your financial recovery.
Types of Cases Handled by Our Wisconsin Construction Injury Lawyers
A Wisconsin construction accident lawyer from our firm can assist you with a variety of different cases, including the “fatal four” as defined by the Occupational Safety and Health Administration. These four accident types account for 65% of all deaths from construction accidents [2].
- Falls – Falls from high elevations remain the top killer of construction workers nationally, accounting for 395 of the 1069 construction fatalities in 2022 [3].
- Caught In/Between – These fatalities occur when a person is caught, crushed, squeezed, or entrapped between two or more objects or surfaces.
- Struck-By – Nationally, 17% of construction fatalities result from being struck by a moving object, typically a vehicle [4].
- Electrocution – The construction industry has the highest rate of fatal electrocutions. Between 2011-2022, 48% of these deaths were the result of working on or near energized wires or parts [5].
Additional causes of accidents include the following.
- Fires and Explosions – Construction work often involves working with highly flammable substances like solvents, which, when not handled carefully, can ignite.
- Chemical Exposure – Caustic chemicals can lead to severe burns, including in the eyes or other mucous membranes.
- Slips and Trips – Wet or uneven surfaces can easily lead to a serious fall.
- Falling Debris – Unsecured materials from higher levels can result in serious injuries.
- Malfunctioning Equipment – Missing guards or machine errors may result in backfires causing lacerations or amputations.
- Lockout/Tagout Procedures – Dangerous areas that are not secured may contain serious hazards, including unattended construction equipment or exposed wires.
Most Common Construction Site Injuries
Common injuries our law firm sees in construction accidents include:
- Broken bones
- Lacerations and contusions
- Spinal cord injuries
- Head injuries
- Traumatic brain injuries
- Amputations
- Burns
- Paralysis
- Back injuries
- Eye damage
- Hearing loss
- Death
Construction Accident Statistics
- In 2022, the construction industry in Wisconsin had a nonfatal illness and injury rate of 3.2 per 100 full-time workers, which is higher than the overall private sector rate of 3.0 [6].
- 16 people were killed in private-sector construction accidents in Wisconsin in 2022 [7].
- From 2021-2022, forklifts were the most dangerous construction vehicle, with 24,960 days away from work, job restrictions, or transfer cases nationwide [8].
- In Wisconsin in 2021, 34.3% of all workplace fatalities were due to transportation accidents, and experts have noted most were collisions with road construction workers [9].
Do You Have a Case?
You may have grounds for a claim if you were injured on a job site due to the negligence of another person, whether that is a company, contractor, employee, or visitor.
Under the Wisconsin Safe Place Law, employers have the responsibility to provide safe places of work for employees and visitors, which includes doing anything necessary for the life, health, safety, and general welfare of anyone who enters the premises.
The law also makes construction workers accountable for upholding necessary safety measures, including equipment guards and barriers that may otherwise lead to an accident.
Your Legal Options Following a Construction Site Injury
You have several different avenues you can pursue after a construction accident, and our attorneys will assist you in deciding which one to take.
Workers’ Compensation
Construction companies are required to carry workers’ compensation insurance to cover medical care and a portion of an injured worker’s lost earnings. If they fail to carry this insurance, they may be subject to fines of up to $100 a day or the closure of their business [12].
Employees of a construction company can receive workers’ compensation benefits whether they are seasonal, part-time, full-time, or underage employees. Independent contractors are typically not covered.
A workers’ compensation claim will cover medical bills and part of your average weekly wage, but it will not provide compensation for non-economic damages like a personal injury lawsuit would.
In Wisconsin, workers’ compensation is considered an exclusive remedy. This means you cannot pursue additional compensation through a personal injury claim.
Personal Injury
Personal injury is a third-party liability claim made against someone other than an employer, such as a contractor, employee, property owner, or visitor.
Like workers’ compensation claims, personal injury lawsuits will help recover compensation for medical care and lost wages, but they can also cover other elements of construction accidents like emotional distress. Our Wisconsin personal injury lawyers will help you decide whether a workers’ compensation claim or a third-party claim is the best choice for your construction accident.
Wrongful Death
When workers die after a serious injury in a construction accident, their relatives may be able to file a wrongful death suit. This can help cover lost wages, medical treatment before death, and burial expenses. These suits also provide compensation for the emotional losses of deaths from construction sites, like grief and loss of companionship.
Liability for Construction Accidents in Wisconsin
Those injured in construction accidents may be able to hold several different parties liable depending on the facts of the case, including these four groups.
Employers
Your employer is obligated to provide workers’ compensation regardless of how you were injured and whether you were at fault; however, you may also have a claim against them if they intentionally caused you harm.
General, Prime, and Sub-Contractors
Our construction accident lawyers can hold contractors liable if they contributed to accidents on construction sites, such as if they failed to secure heavy equipment or did not communicate a known hazard.
Property Owners
Property owners may be responsible if there are known and unremedied defects in the structure that cause construction accidents. However, it’s possible someone else may be responsible if there were structural defects – mistakes made by the original construction team – that property owners were not aware of.
You will need the advice of an expert Wisconsin construction accident attorney who can determine who may be responsible for the structural defect that led to your injuries.
Third Parties
Our legal team can hold parties other than your employer accountable as well, such as coworkers, visitors to the site, and product manufacturers.
For example, if a coworker did not clean up a spill and you fell, or a crane manufacturer did not rectify a design flaw and the crane collapsed, then they could be responsible for your medical expenses and other damages.
Compensation Types Pursued in Construction Accident Cases
A construction accident lawyer can seek various damages after a construction accident, which are separated into economic and non-economic damages.
Economic damages include:
- Wage Compensation – The time you spend off work can be covered by either a personal injury claim or by workers’ compensation.
- Medical Costs – You should always seek medical attention after a construction accident, aware that it may be covered either by your employer through workers’ compensation or through an insurance company by a third-party claim.
- Loss of Earning Potential – Workers’ compensation can partially reimburse you for the difference between your pre-injury wages and current wages, while a lawsuit will assess your lost earning potential and seek to match it.
- Burial Expenses – Families of construction workers who die due to serious injuries can have burial costs paid through a wrongful death suit.
- Property Damage – Workers’ compensation benefits will not cover the costs of broken or damaged equipment, but a third-party claim can.
Non-economic damages will not be covered in workers’ compensation claims and must be recovered through other legal avenues. They include:
- Pain and Suffering – This considers the physical pain attached to construction site accidents.
- Emotional Distress – PTSD, anxiety, depression, and other emotional effects of accidents can all be covered.
- Disfigurement and Disability – If you suffered an amputation or facial scarring, this will be considered as well.
- Loss of Enjoyment of Life – Being unable to indulge in your favorite activities, or having to give up your profession, can play a role in your compensation.
- Loss of Companionship – This is usually considered in wrongful death suits where the family has lost the comfort of a loved one.
How Our Wisconsin Construction Accident Lawyers Can Help
Our law firm is an essential ally in receiving compensation for injuries on construction sites. We will assist you in determining whether you are eligible for workers’ compensation benefits and help expedite the process, communicating with all applicable parties and providing the evidence necessary.
A Wisconsin construction injury lawyer from our firm will investigate each element of the accident to determine liability, including incident reports and accident footage. We’ll also partner with experts who will provide testimony to support your case.
We will negotiate with the applicable insurance companies on your behalf, refusing to settle for less than what your case is worth. For a personal injury lawsuit, we will represent you in court if we are not able to come to an agreement with the other parties involved, ensuring you have the best possible chance at compensation.
Contact Our Wisconsin Construction Accident Attorneys Today!
Rosenfeld Injury Lawyers has recovered millions in compensation for our clients and works on a contingency fee basis, meaning there are no upfront fees involved. We conduct thorough investigations to ensure all medical expenses, lost wages, and pain and suffering are comprehensively addressed. Our expertise in construction accident claims enables us to fight vigorously for your rights and prioritize your financial recovery.
If you’ve been injured in a construction accident, call us toll-free at (888) 424-5757 or contact us online 24/7 to schedule your free consultation.
References: [1] Wisconsin Public Radio, [2] Safety and Health Magazine, [3] Occupational Safety and Health Administration, [4] Safety and Health Magazine, [5] Electrical Safety Foundation, [6] Bureau of Labor Statistics, [7] Bureau of Labor Statistics, [8] National Safety Council, [9] Wisconsin Public Radio, [10] VelocityEHS, [11] Illinois Economic Policy Institute, [12] Wisconsin Department of Workplace Development