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How Do I File a Construction Injury Claim in Wisconsin?

Construction is one of the most dangerous industries to work in. Construction workers must conduct their job duties on elevated surfaces or near heavy machinery. The Occupational Safety and Health Administration, also known as OSHA, has administered certain safety protocol for construction companies and employees to follow, but accidents can happen. You should know your claim options before you decide to file a construction injury claim.

What Claim Options Do I Have as an Injured Construction Worker?

  • Workers’ compensation. Every state has some type of workers’ compensation put in place under construction companies. As an employee, you are entitled to workers’ compensation benefits if you are injured, and even if your employer did not act in a negligent manner. However, the compensation that an injured construction worker would recover from workers’ compensation might be less than the compensation received in a lawsuit. However, temp workers in Wisconsin receive workers’ compensation as an “exclusive remedy,” which means you would have to pick either solution and not both.
  • Personal injury lawsuit. Certain workers’ compensation benefits, however, might not apply to specific construction worker injuries. For example, usually workers’ compensation only applies between an employee and his or her direct employer. So, if an employee of a subcontractor is injured on a construction job, workers’ compensation rules might not apply. This is when a construction worker can speak with an attorney who specializes in personal injury. You might be able to receive larger damage awards in a third-party lawsuit.
  • Construction defect lawsuit. Construction workers can also be injured by defective machinery or tools. Construction defects can also lead to building collapses. In this case, you and your attorney would have to determine who was responsible for the defect. Possible negligent parties include contractors working for other companies or construction equipment manufacturers, the engineer, or architect that failed to design the property or machinery.

If you have been injured as a construction worker, then you may have different options for pursuing compensation. However, you might be confused as to which one fits best for your situation. Contact our Wisconsin personal injury attorneys today for your free consultation.


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