Construction Worker Injuries

A serious construction injury can cost you your income, your health, and, in the worst cases, your ability to ever return to the work you know. Ohio’s workers’ comp system exists to protect you in exactly these situations, but accessing those benefits isn’t always a straightforward process. The sooner you get an attorney involved, the better your chances of getting the full benefits you’re owed.

At Philip J. Fulton Law Office, we’ve represented injured construction workers throughout Ohio for over 40 years. Our namesake and founder literally wrote the book on Ohio workers’ comp, and our firm focuses exclusively on workers’ compensation and Social Security disability law. We bring a depth of knowledge to these cases that general practice firms typically can’t match — and employers and insurers know it.

So, if a construction site injury has put you out of work, let us help you access the benefits you deserve. Contact our Columbus-based construction worker injury lawyers today for a free initial consultation.

Why Construction Workers Face Unique Workers’ Comp Challenges

Workers’ comp claims are rarely simple, but construction injury claims involve a distinct set of complications that don’t often arise in other workplace injury cases.           

Construction work typically includes multiple employers, contractors, and subcontractors operating in the same space, which can create disputes over who bears responsibility for an injury. Some employers in the construction industry also misclassify workers as independent contractors, so they have an excuse not to provide workers’ comp coverage. And because construction accidents tend to cause life-altering injuries, the financial stakes of these claims are high, and insurers fight them that much harder.

All of these factors make construction injury claims significantly harder to win than the average workers’ compensation claim. An experienced workers’ comp attorney can make the difference between an unfair denial and the full benefits you’re owed.

Independent Contractors and Workers’ Comp

Independent contractor misclassification is one of the most common ways construction workers lose access to the benefits they’re legally entitled to. Only employees are eligible for workers’ comp benefits in Ohio. Independent contractors are not. As a result, some employers in the construction industry label workers as independent contractors specifically to avoid the cost of workers’ comp coverage.

Ohio law sets out specific criteria for determining whether a construction worker qualifies as an employee, and many workers labeled as contractors actually meet that definition. If your employer denied your workers’ comp claim on the basis of your contractor status, a Columbus attorney can evaluate your specific situation and help you fight for the coverage you deserve.

Common Construction Site Injuries

Construction sites are among the most dangerous workplaces in Ohio. Workers face serious injury risks every day from elevated work platforms, heavy equipment, and hazardous conditions that most people never encounter on the job. Some of the most common injuries our lawyers see in the Columbus construction workers’ comp claims we handle include:     

  • Traumatic brain injuries
  • Spinal cord injuries
  • Back and neck injuries
  • Fractures and dislocations
  • Crush injuries
  • Amputations
  • Burns
  • Electrocution injuries
  • Hearing and vision loss
  • Scarring and facial disfigurement
  • Hazardous exposure injuries

What Benefits Can an Injured Construction Worker Recover?

Ohio’s workers’ compensation system offers several types of benefits to injured workers. Depending on the nature and severity of your injury and how it affects your ability to work, you could be entitled to:   

  • Temporary total compensation: If your injury keeps you from working entirely, temporary total compensation can replace a portion of your lost wages while you recover.
  • Wage loss: If you can only return to a different, lower-paying job due to your work restrictions, wage loss benefits can cover the gap between what you earned before and what you earn now.
  • Permanent partial disability: If you suffer a lasting impairment, such as vision loss or loss of a limb, you could receive a permanent partial disability award based on the extent of that loss.
  • Permanent total disability: If your injuries permanently prevent you from holding any sustained employment, you could receive permanent total disability benefits, potentially for life.
  • Living maintenance: If you participate in a vocational rehabilitation plan after your injury, living maintenance benefits can provide financial support while you look for a new line of work.
  • Violation of Specific Safety Requirement (VSSR): Ohio law requires employers to meet specific safety standards on construction sites. If your employer failed to meet those standards, and that failure caused your injury, you could get an additional award on top of your standard benefits.
  • Death benefits: If a construction worker loses their life on the job, their dependents can file a death benefits claim to recover compensation for that loss.

What to Do After a Construction Site Injury

The steps you take immediately after a construction site injury can have a significant impact on your claim. Here’s what you should do:

  • Report your injury right away. Tell your supervisor about your injury as soon as possible. Ohio law requires you to provide notice promptly. Delays could lead to disputes about your claim.
  • Get medical attention immediately. See a doctor as soon as you can, even if your injury seems minor at first. Your medical records can establish a connection between your injury and your job.
  • Document everything you can. Photographs of the scene, your injuries, and any equipment or conditions involved can be valuable later. Gather contact information from any witnesses, too.
  • Don’t give recorded statements to insurers. Insurers may use recorded statements to find grounds to deny or minimize your claim. Talk to an attorney before you speak with any insurer.
  • Contact a workers’ comp lawyer before you file. When you have the right legal guidance from the start, it’s easier to protect your claim and avoid costly mistakes.

What If My Construction Injury Claim Gets Denied?

A denied construction injury claim can feel like a dead end, but it doesn’t have to be. Ohio’s workers’ comp system gives injured workers the right to appeal denials, and many claims that initially fail go on to succeed on appeal. Reasons for denial may include disputes over whether your injury occurred on the job, allegations that you’re an independent contractor, and claims that your medical documentation is insufficient. Each of these issues is something an experienced attorney can address.

At Philip J. Fulton Law Office, we handle denied construction injury claims at every level of appeal, and we’re well acquainted with the tactics employers and insurers use to avoid paying benefits. Our lawyers can help you review your denial letter and explore your options.

How Philip J. Fulton Law Office Helps Injured Construction Workers in Columbus

Construction injury claims are some of the most contested in Ohio’s workers’ comp system, and the stakes couldn’t be higher when a serious injury puts your livelihood at risk. The lawyers at Philip J. Fulton Law Office bring over 40 years of experience to these cases, and our founder literally wrote the book on Ohio workers’ compensation law. Ohio’s courts, the BWC, and workers’ comp attorneys across the state rely on that treatise as the definitive guide to Ohio’s system, so you can trust that we know how to handle these cases inside and out.

Our team handles every stage of construction injury claims, from initial filing through appeal, and we don’t back down when employers or insurers push back. We represent construction workers only, never employers or insurance companies. Our exclusive focus is on getting workers like you the benefits they deserve. We offer free initial consultations, and we charge no fees unless we recover benefits for you.

Contact Our Columbus Workers’ Compensation Lawyers

If a construction site injury has left you out of work, facing a denied claim, or unsure of your next steps, Philip J. Fulton Law Office is here to help. We serve injured workers in Columbus and throughout Ohio, and we offer free initial consultations with no fees unless we win. Reach out today to get started.