Getting hurt in a construction site accident can disrupt your life in an instant.

If you were injured while working in construction in Wisconsin, you may be wondering how to cover your medical expenses and whether you have options other than filing a workers’ comp claim.

A construction site injury attorney at LawtonCates can help you evaluate your options.

In most cases, you cannot sue your own employer directly for a workplace injury. Your employer’s workers’ compensation insurance covers reasonable medical expenses and compensation for lost wages. It generally serves as the exclusive remedy for employees injured in workplace accidents.

However, if someone other than your employer, such as a general con-tractor, subcontractor, or property owner, contributed to the construction accident, then you may have grounds to pursue a separate third-party lawsuit against the responsible party.

Contact a construction accident lawyer in Wisconsin for a free consultation.

Workers’ Compensation vs. a Third-Party Injury Claim

Wisconsin law generally bars injured workers from suing their own employer after a work-place accident.

Workers’ compensation serves as a no-fault insurance system. You can receive paid medical care and compensation for lost wages even if you were partly at fault for your injury.

In exchange, you give up the right to file a personal injury lawsuit against your employer in almost every circumstance.

Many workers get hurt because of a mistake or an unsafe condition created by someone other than their employer.

This is called a third-party claim construction accident. Injured construction workers may have a right to pursue a construction accident claim and seek compensation when another party’s carelessness caused their injuries.

The injury claim exists separately from any workers’ compensation benefits. Parties who may have legal liability include the following:

  • The general contractor – A GC that fails to plan a site properly or coordinate between trades can create dangerous conditions for every crew working on the same site.
  • A subcontractor – Subcontractors who ignore safety rules, create unsafe conditions, or misuse construction equipment can put nearby workers at risk of injury, even workers employed by someone else.
  • The property owner – A property owner who knows about a hazard, such as a structurally unsafe building, buried utility lines, or exposed wiring, and fails to warn about the risk can be held responsible for any resulting injuries in a serious construction accident.
  • An equipment manufacturer – When a crane, scaffold, or power tool fails because of a design or manufacturing flaw, the company that made it may be held liable for the harm caused by the faulty equipment.

Our law firm can assist if your employer’s insurance provider is disputing or denying your workers’ compensation claim.

Our attorneys can also evaluate whether the circumstances of the construction accident support a separate third-party claim.

A third-party claim can allow accident victims to pursue compensation that workers’ compensation does not provide, including full wage replacement and compensation for your pain and suffering.

Our personal injury attorneys will investigate the accident scene, identify other negligent parties, locate the insurance coverage available, and build the strongest possible case on your behalf.

Understanding Wisconsin’s Safe Place Law

Wisconsin holds property owners and employers to a higher safety standard than most other states.

The Wisconsin Safe Place Law, outlined in Wis. Stat. section 101.11, requires property owners and employers to keep their premises reasonably safe for anyone who works there or visits. This duty covers unsafe physical conditions on a site such as a missing guard-rail or an unstable scaffold.

For construction workers, this law can matter even when a general negligence claim might fall short.

If a property owner or contractor knew, or should have known, about a hazard and failed to address it, you may have a claim under the Safe Place Law in addition to any other options available to you.

Our legal team at LawtonCates will review the construction accident to determine whether this law applies to your situation.

Common Causes of Wisconsin Construction Accidents

Construction sites bring together heavy machinery and elevated work areas.

They often have crews from multiple companies working on site at once. That combination creates several common hazards, including the following:

Fall Risks

Falls from heights are among the most frequent causes of severe injuries on Wisconsin job sites, whether workers fall from scaffolding, ladders, roofs, or unprotected floor openings.

Struck-By Accidents

Struck-by accidents occur when falling objects such as dropped tools or swinging equipment strike a worker, often due to poor site organization or noncompliance with safety protocols.

Caught-In or Caught-Between Accidents

These accidents occur when a worker gets trapped by a collapsing trench, unguarded machinery, or equipment that moves or shifts unexpectedly.

Electrocutions

Electrocutions happen when workers come into contact with power lines, faulty wiring, or improperly grounded equipment, often due to inadequate training or missing safety gear.

According to the Bureau of Labor Statistics, Wisconsin recorded 109 total workplace fatalities in 2024, and construction and extraction workers accounted for 1,032 fatalities nation-wide that year, more than any other occupation category.

Why Choose LawtonCates for Your Wisconsin Construction Accident Case?

For nearly 70 years, LawtonCates has represented injured workers and their families through-out Wisconsin.

A construction accident lawyer in Wisconsin will prepare your case thoroughly as if it is headed to trial. That prompts insurance companies to take our clients’ claims seriously from the start.

Our attorneys have secured significant results for injury victims, including a $2.3 million settlement in a wrongful death case and a $1.25 million settlement for a client hurt in a serious accident. Prior results do not guarantee a similar outcome in your case.

Still, the results show our experience handling serious-injury cases and the commitment we bring to every claim.

“Terry Polich and the team at Lawton Cates are the best attorneys I have ever worked with. They helped us with an issue that did not seem to have a solution, and delivered the best out-come. I highly recommend working with them.”

– Brad Nelson

 

What to Do After a Construction Accident

The steps you take after a construction accident can affect your health and your legal options. Consider the following:

  • Report the incident – Notify your supervisor or site manager as soon as possible when accidents happen.
  • Seek medical treatment – Getting checked out right away protects your health and creates documentation connecting your injuries to the accident.
  • Preserve evidence – Take photos of the accident scene, the equipment involved, and any visible injuries before conditions change.
  • Avoid recorded statements – Insurance adjusters may ask for a recorded statement, but you do not have to provide one before speaking with an attorney.

Taking these steps early can make a difference if you need to pursue a claim.

Schedule a Free Consultation With a Wisconsin Construction Accident Lawyer

You should not be saddled with medical bills resulting from a construction injury caused by someone else.

The construction accident attorneys at LawtonCates have experience pursuing cases involving the construction industry. Our injury attorneys work on a contingency-fee ba-sis. You will not owe any legal fees unless we win compensation for you.

Contact our law firm today for a free case review with a construction accident lawyer in Wisconsin.

Let our injury lawyers help you understand every option available under Wisconsin law for seeking full compensation.