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A construction worker injured on the job can usually qualify for workers’ compensation, but may have an additional claim against another negligent party. Even when a workers’ compensation claim is approved, it doesn’t fully replace lost income, and frequently falls short of covering all of the damages compensable in a personal injury case.
A civil case coordinated with a workers’ compensation award can provide fair justice for you and your family. If you have suffered a serious injury on a work site, the personal injury lawyers at Peterson, Berk & Cross, S.C., in Green Bay and Appleton, Wisconsin, will investigate the incident to determine if there is “third-party” liability that warrants a personal injury claim.
You don’t have to be a construction worker to be injured at a construction site. People walking near a construction site can be injured by falling debris or unsafe conditions caused by the construction. If you have questions whether an injury you suffered near a construction site warrants a civil case, call us to schedule a free consultation.
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We have recovered a number of large settlements for workers who were injured on construction sites when the injury was caused by the negligence of another company or entity. Our work accident experience provides us insights on what to look for and what questions to ask during our investigation of your accident to obtain this proof.
We settle many of our cases without the need for a trial, but we always prepare a case as if we will go to court, and we do not hesitate to do so if a fair settlement cannot be reached.
The personal injury lawyers at Peterson, Berk & Cross, S.C., with offices in Appleton and Green Bay, handle a wide variety of construction site accidents, including:
If you have questions for an Appleton or Green Bay construction accident attorney, call 920-831-0300 or email us to schedule a free consultation. Our personal injury cases are taken on a contingency basis. You do not pay for our legal services unless we recover a settlement or obtain a judgment in court for you.
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Here are answers to some of the most common questions our clients have about their rights and options after suffering construction site accident injuries. Reach out to the team at Peterson, Berk & Cross, S.C., for answers to questions and concerns pertaining to your case.
Taking immediate action after a construction site accident can help preserve your legal options for recovering compensation or other financial benefits. Steps you should take include:
Various parties may bear responsibility for causing a construction site accident due to their negligence or recklessness, such as:
An experienced injury lawyer can help you identify your legal options for obtaining financial compensation and the parties who may bear liability for your losses.
Generally, workers cannot sue employers for injuries they suffer in the course of their employment. The Wisconsin workers’ compensation law provides an injured employee’s sole legal recourse against their employer for filing a claim for workers’ compensation benefits. However, a workers’ compensation claim also does not require an employee to prove that their employer caused the work accident due to carelessness or recklessness, and employers must provide workers’ comp benefits for all on-the-job injuries.
An injured employee can obtain increased compensation in limited circumstances where the employer committed an intentional, illegal, or egregiously reckless act that caused the accident. Examples include if the employer violated a workplace safety statute, disobeyed an established safety standard, or failed to use or provide safety equipment.
Even though you obtain workers’ comp benefits through your employer, you may still have a valid personal injury claim if the construction site accident occurred due to a third party’s fault. You can also file a lawsuit against the third party to obtain a financial recovery for losses not covered by workers’ compensation, including unreimbursed lost wages, lost future earning capacity, long-term disability care expenses, and pain and suffering. A personal injury attorney can review the facts and evidence in your case to determine whether you may have a third-party injury claim.
In Wisconsin, you should report work injuries from a construction site accident to your employer as soon as possible, ideally within 30 days of the accident. Failing to report an injury to your employer within two years of an accident could disqualify you from workers’ compensation benefits. Once you establish your workers’ compensation claim with your employer, you have six years from the date of your injury to pursue a formal hearing with the Wisconsin Department of Workforce Development should your employer deny you benefits.
Furthermore, under Wisconsin law, you have three years from the date of a construction site accident to file a lawsuit to pursue any personal injury claims you may have. Filing a lawsuit after the expiration of this period may give the opposing party the right to request dismissal of your case.
