Construction Site Injury Cases: When It’s Bigger Than Workers’ Comp

After a construction site injury, many workers assume there is only one path: file for workers’ compensation and move on. Workers’ comp is important, and in many cases it is the first source of medical and wage benefits. But it is not always the whole case. On serious construction injuries, the bigger issue is often whether someone other than the employer also caused the harm. When that is true, the case may be much larger than workers’ comp alone.

Construction sites are crowded, layered environments. General contractors, subcontractors, property owners, delivery companies, equipment suppliers, and outside maintenance crews may all be involved at the same location. That means an injured worker can have a workers’ compensation claim and, at the same time, a separate personal injury claim against a negligent third party. These are very different claims, and confusing them can cost real money.

Why does that matter? Because workers’ compensation usually does not compensate every category of loss. It may pay medical treatment and a portion of lost wages, but it generally does not function like a full injury lawsuit for pain, suffering, loss of enjoyment, and other damages available in a civil case. If a third party contributed to the accident, the injury may be worth far more than the workers’ comp case suggests.

Examples are everywhere. A worker may fall because a different subcontractor left debris in a walkway. A laborer may be injured by equipment that was defectively designed or improperly maintained. A driver may strike a road worker. A property owner may create or ignore a dangerous condition. An outside company may install temporary structures, scaffolding, electrical systems, or site protections in a dangerously poor way. In those situations, the employer may not be the only story.

This is why early investigation matters so much. Construction sites change fast. Debris gets cleaned up. Equipment disappears. Work continues. Witnesses move to different jobs. Surveillance video is overwritten. If nobody preserves the evidence quickly, the most important facts can vanish before the civil case even begins.

A strong construction case often requires more than just the incident report. It may involve site photographs, OSHA-related materials, safety manuals, contracts between the companies on site, maintenance records, training records, inspection history, and witness accounts from people who understand how the job was actually being run. The paper trail may reveal who controlled the area, who created the hazard, and who had the duty to fix it.

There is also a timing issue. People sometimes wait because they are receiving comp benefits and assume they can sort out the rest later. That delay can be costly. Even where the legal deadlines have not expired, the leverage often gets worse when the evidence gets colder. Serious injury cases are built, not guessed at.

Another trap is assuming the biggest company on the site is automatically the right defendant. Sometimes it is. Sometimes responsibility lies elsewhere. Bowser Law looks carefully at who controlled the work, who created the danger, and which insurance policies may apply. That kind of analysis matters because construction cases are often won through careful liability mapping, not through broad accusations.

Bowser Law handles serious personal injury cases in Massachusetts, New Hampshire, and Maine, including construction site injuries. The firm understands that employers, insurers, and third-party defendants all have different incentives and different defenses. The right approach is to protect the comp claim while fully investigating whether a larger third-party case exists.

If you were hurt on a construction site, do not assume workers’ comp is the end of the story. It may only be the beginning. Bowser Law can investigate the site, identify third-party liability, and determine whether your injury case is worth much more than the comp carrier wants you to believe.

Construction Site Injury Cases

Construction sites are some of the most dangerous places to work. Every year, thousands of hard-working construction workers sustain injury in a construction site accident. The Center for Disease Control (CDC) states that the construction industry has one of the highest rates of work-related fatalities in the nation. Unfortunately, many of those accidents are completely preventable. Construction companies often ignore safety measures to cut back on costs, thus creating unsafe working conditions.

If you or a loved one has been hurt at a construction site, you need an attorney who can get you justice. Attorney Mike Bowser has intricate knowledge of the state building and safety codes and OSHA regulations in MA, NH, and ME. He also understands the complex nature of construction site hierarchies, navigating between construction site owners, contractors, and sub-contractors. Everyone will try to pass the buck but Attorney Bowser will hold them accountable.

Right now the best thing you can do is pick up the phone and call (888) 526-9737. We offer a free consultation in which we will guide you as to what you need to do to strengthen your case and how we can work together to get you the justice you deserve. The insurance companies will be bringing their top lawyers to this fight. Don’t lose out because you chose a weak attorney. Call Bowser Law today.

Here are some case results from clients who we represented in their construction site accident cases:

SLIP AND FALL ON CONSTRUCTION SITE
$828,000.00

Injury


Union painter falls on construction site when he steps on copper pipe left on floor and covered with sawdust. Torn meniscus of left knee and total tear of right knee MCL/ACL. Medical bills exceed $83,000. Lost wage claim includes total permanent disability from occupation as painter.

Challenge


Insurance company for general contractor responsible for job site safety denies liability, questions the plaintiff’s credibility and challenges the extent and nature of his injuries. Pre-trial offer of $300,000 reduced to $250,000 at trial. Plaintiff owes $220,000 to Worker’s Compensation Insurance Carrier.

Result


Jury verdict following eight (8) day personal injury trial before the Suffolk Superior Court in Boston, MA. Verdict of $775,000. Pre-trial interest and comparative fault offset results in total judgment against responsible general contractor for $828,000.

Construction Site Safety
$132,500.00

Challenge


General Contractor and sub-contractor for construction project each deny premises liability and blame injured plaintiff for walking through unlighted garage area in where open pit is located. Plaintiff establishes that both parties were responsible for overall safety of worksite and regular exit of building was blocked by construction debris, thereby leaving unlighted garage as only available exit from building. Plaintiff’s expert establishes numerous construction site safety violations under both OSHA and State Building Code regulations.

Result


Settled prior to trial at mediation for $132,500.00