Legal Options for Construction Worker Injuries

Legal Options For Construction WorkersConstruction jobs are dangerous by nature. They involve the use of heavy machinery, working at elevated heights on scaffolding or below the ground in trenches, and using tools and other equipment that can be potentially dangerous. Regardless of the risks, people who work in construction should expect to be kept reasonably safe and protected against potential injury.

Unfortunately, many construction workers suffer injuries on the job. If a construction worker is injured while working, he or she has a legal right to file a worker's compensation claim, and there are several options for doing so.

Making a Worker's Compensation Claim

Most construction workers in Wisconsin may claim worker's compensation benefits if they are injured while on the job. Worker's compensation laws in Wisconsin aim to protect construction workers who put their lives on the line. If you have suffered an injury on the job, a Wisconsin worker's compensation attorney can help you receive the compensation you deserve.

Worker's compensation is considered a no-fault system. It's in place to pay benefits to workers who sustain an injury while at work. Because it is "no-fault," employees who are hurt can file a claim for compensation without needing to prove that a particular person or entity was negligent and caused their injuries. All the worker needs to prove is that he or she was injured on duty. This helps employees and employers avoid complicated lawsuits.

Wisconsin employers that meet specific requirements must carry worker's compensation insurance. A grand majority of Wisconsin's employers do meet requirements, allowing for 99% of workers to be eligible for benefits. These benefits may help you recover compensation for losses associated with the injury you sustained at work, including medical expenses, lost wages, and partial or permanent disability.

Can a Construction Worker File a Civil Suit Outside of Worker's Compensation?

In a construction job, it's common to work with subcontractors and vendors. If an injury occurs because of negligence on the part of other people, such as engineers, architects, or suppliers, the worker has a claim for damages against the person who was negligent, as well as his or her employer. For a claim to be successful, it must show the following elements:

  • The other person or entity must have had a duty of care to act reasonably and safely;

  • The person or entity must have failed to use the duty of care and was therefore negligent; and

  • The individual was injured as a direct result of the person or entity's negligence.

Our Worker's Compensation Attorneys Fight for Wisconsin's Construction Workers

Gillick, Wicht, Gillick & Graf has represented injured construction workers since 1948. We strive to protect your interests at each step of the negotiation process. With over 60 years of combined experience, our attorneys can help you fight for the just settlement you deserve. Call (414) 395-5813 for a free consultation or contact us online. You will not be obligated to choose our firm and we will not charge a dime until we recover compensation.

Frequent Questions

You have a claim if you suffered a loss because of a job-related injury. This means that, to get worker's compensation, you have to show three things:

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