Construction Injury Claims in 2025: What Compensation Are You Entitled To?

The construction industry remains one of the most hazardous sectors in the United States. In 2023, construction saw 1,075 worker fatalities, the highest number since 2011, accounting for 19% of all U.S. workplace deaths. Falls, slips, and trips alone caused 421 deaths. If you’ve been injured on a construction site in 2025, understanding your rights and the compensation you may be entitled to is crucial for your financial stability and recovery.

Understanding the Landscape of Construction Accidents in 2025

Construction sites are inherently dangerous, with workers facing risks daily. These risks range from falls from heights and machinery accidents to electrical hazards and exposure to hazardous materials. The nature of construction work often involves heavy machinery and dangerous working conditions, making safety precautions essential.

Common Causes of Construction Accidents

Construction accidents often result from preventable hazards, including:

Falls: Falls are the leading cause of construction injuries, often due to unsecured scaffolding or lack of fall protection. In 2022, falls led to an estimated 200 injuries and 9 fatalities on NYC construction sites.
Struck by Objects: Falling tools, materials, or machinery can cause significant harm. Struck-by accidents are the second most fatal risk, with most incidents resulting from being hit by transport vehicles.
Electrocution: Contact with exposed wires or high-voltage equipment creates serious risks.
Caught-in/Between Accidents: These occur when workers are trapped by machinery, equipment, or collapsing structures.
Overexertion: Overexertion involving outside sources (handling objects) accounts for a significant portion of workers’ compensation costs.

Types of Compensation Available to Injured Construction Workers

If you’re injured in a construction accident, several avenues for compensation may be available:

Workers’ Compensation:
- Workers’ compensation is a no-fault system that provides benefits to employees injured on the job. This means you don’t have to prove anyone was at fault to receive compensation.
- Benefits typically include:
  - Medical Expenses: Covers hospital bills, doctor visits, and rehabilitation costs.
  - Lost Wages: Provides partial wage replacement if you’re unable to work.
  - Disability Benefits: For temporary or permanent disabilities resulting from the injury.
- Workers’ compensation is often the primary option for construction workers injured on the job. It provides financial support for lost wages and medical bills without requiring workers to prove fault or file a lawsuit.
Personal Injury Claims:
- If someone else’s negligence caused your injuries, you may pursue additional compensation through a construction accident lawsuit.
- Negligence: Negligence is a common basis for personal injury claims. To prove negligence, you must establish:
  - The defendant had a duty to keep you safe.
  - They breached that duty through careless actions.
  - Their negligence directly caused your injury.
- Unlike workers’ compensation, a personal injury claim can cover pain and suffering, emotional distress, and full compensation for lost wages.
Third-Party Claims:
- Sometimes, a third party, such as a subcontractor, equipment manufacturer, or site owner, may be responsible for the accident.
- In such cases, injured workers can file a third-party claim. This type of claim can provide compensation beyond what workers’ compensation offers, addressing losses not covered by the initial policy, such as pain and suffering.
- This requires demonstrating that the third party’s negligence caused the injury.

Who Can Be Held Liable?

Identifying who is responsible is a critical step. Potential liable parties include:

Employers: For failing to provide a safe work environment.
General Contractors: For overall site safety.
Subcontractors: For their specific work areas and tasks.
Equipment Manufacturers: Of defective tools or machinery.
Vehicle Manufacturers or Inspectors: Of unsafe construction vehicles.
Other Construction Companies: Creating dangerous conditions.
Property Owners: Neglecting to warn about known hazards.

New OSHA Regulations in 2025

Staying compliant with Occupational Safety and Health Administration (OSHA) regulations is essential. As we enter 2025, OSHA is introducing new regulations that will impact construction companies nationwide.

Enhanced Reporting Requirements: OSHA is increasing its focus on injury and illness reporting. Construction companies are now required to maintain more detailed records and report specific incidents, even for minor injuries.
Stricter Fall Protection Guidelines: OSHA is tightening its fall protection guidelines for certain types of construction work. These changes include more rigid safety measures for workers on roofs, scaffolds, and elevated platforms.
Updated Personal Protective Equipment (PPE) Requirements: In 2025, OSHA is placing a greater emphasis on the use and maintenance of personal protective equipment (PPE). New regulations require that all PPE used on construction sites be regularly inspected for wear and tear, and any equipment that is damaged must be replaced immediately. Effective January 13, 2025, OSHA’s new rule mandates that all PPE in construction must “properly fit” each affected employee.
Expanded Hazard Communication Standards: OSHA has expanded its hazard communication standards to better address the handling of hazardous materials, particularly chemicals, on construction sites. New regulations require employers to ensure that workers are fully trained on the safe handling, storage, and disposal of hazardous materials.

Steps to Take After a Construction Accident

Seek Medical Attention: Your health and safety are the top priorities. Seek immediate medical attention, and inform medical personnel that your injuries are work-related.
Report the Injury: Report the injury to your employer as soon as possible. This is crucial for initiating the workers’ compensation process.
Document Everything: Keep detailed records of the accident, including photos of the scene, equipment involved, and your injuries. Also, maintain records of all medical treatments, expenses, and lost wages.
Consult an Attorney: Construction accident claims can be complex, involving multiple parties and legal issues. Consulting with an experienced construction accident attorney can help you understand your rights and options.

Challenges in Construction Accident Claims

Construction accident claims can be complex, often involving multiple parties such as employers, contractors, equipment manufacturers, and property owners. Insurance companies may attempt to minimize payouts or deny claims altogether. Some common challenges include:

Disputes over liability: Employers may argue that a worker’s negligence contributed to the accident, reducing their responsibility.
Delays in medical treatment approval: Insurance companies may try to delay or deny necessary treatments, causing financial and physical hardships.

The Role of a Construction Accident Lawyer

A construction accident lawyer can work aggressively to help you secure compensation to cover all of your financial losses. They can provide specialized care and support after these accidents. You can work with a professional construction accident lawyer when you turn to a team with decades of experience handling complex construction accident cases and can represent you.

A construction accident lawyer can help you:

Investigate the accident to determine liability.
Gather evidence to support your claim.
Negotiate with insurance companies.
File a lawsuit if necessary.
Represent you in court.

Conclusion

Construction accident claims are crucial for anyone involved in the construction industry, where the risk of injury is a daily reality. Understanding your legal rights and the types of compensation you may be entitled to is essential for protecting your financial future and ensuring you receive the medical care and support you need to recover. If you’ve been injured in a construction accident, don’t hesitate to seek legal advice from a qualified attorney who can guide you through the process and fight for your rights.