Workers’ compensation law plays a significant role in cases involving injuries on construction sites. In such situations, when an individual sustains an injury while working for someone, it typically evolves into a dual case, encompassing both workers’ compensation and personal injury aspects.

The workers’ compensation claim involves dealing with the employer’s insurance company for medical treatment, medical benefits, and disability benefits, whether total or partial, over the individual’s lifetime. This process is largely administrative and heavily litigated by workers’ compensation applicant attorneys, heavily based on medical considerations.

However, the focus of our involvement is on the personal injury side of the case. In instances of construction site injuries, the personal injury claim concentrates on the client’s pain and suffering. The economic aspects of the claim are managed through workers’ compensation, with the workers’ compensation board approving settlements for past and future medical bills. Notably, pain and suffering fall outside the purview of workers’ compensation and are addressed through third-party claims, where our expertise comes into play.

For a viable personal injury case against a third party in the construction injury realm, it must stem from actions by a non-employer defendant. In cases where the employer is the primary cause of the injury on the job, it typically constitutes a strict workers’ compensation case. Attempting to sue the employer or a third party solely based on the employer’s negligence can lead to the dismissal of the case through a motion for summary judgment.

During consultations with clients, we sometimes have to convey that their situation may not qualify as a personal injury case, and their best course of action would be to file a claim with the employer. However, this may pose challenges for individuals still employed by that employer, potentially leading to concerns about job security. Despite these concerns, it is well within an employer’s rights to terminate employment, and individuals are protected when exercising their rights under the law. In the event of employer retaliation, we can guide clients to employment litigation specialists to explore potential retaliation cases.