Workers comp for construction workers runs on the same base rules as any job, but the fights are different. A site has an owner, a general contractor and layers of subs. When you get hurt, the first question is often whose insurance pays.
The injuries that end careers
Falls are the top killer in the trade. OSHA counts 389 fatal falls to a lower level out of 1,034 construction deaths in 2024.
OSHA trains on four main hazards: falls, caught-in or between, struck-by and electrocution. The same events cause most of the broken bones, crushed hands and head injuries that never make the news.
For what lasting damage pays, see the back, knee and head injury pages.
Who pays when your sub had no insurance
Small subs sometimes skip coverage. Many states then push the bill up the chain. In Florida, a contractor who sublets work is liable for comp for the sub's workers, unless the sub has its own coverage.
Write down who paid you, who ran the site and the general contractor's name on the permit or the sign. Those names tell an attorney where to file.
Paid in cash or called a 1099 worker
Plenty of crews are paid as contractors when they work like employees. The Labor Department warns that misclassified workers can be denied benefits employees get.
Each state board decides who counts as an employee, not your boss's paperwork. If someone set your hours, supplied tools and told you how to work, ask. See independent contractors.
When you can sue on top of comp
Comp usually bars suing your own employer. New York courts call it the exclusive remedy. It does not bar claims against other companies on the site.
Another sub, an equipment maker or the property owner may owe you more. New York's Labor Law puts a duty on contractors and owners to supply scaffolds and ladders built to give proper protection. Read more on workplace injury lawsuits.
Deadlines on a job site
Crews break up and sites close, so report fast and in writing to the foreman or super.
Texas wants notice within 30 days. Illinois allows 45 days. Other states differ; start at workers comp by state.
Getting back on the tools
Construction work is hard on a body that is still healing. A light duty offer may be a desk job you never signed up for and turning it down can cut your checks.
Hiring an attorney costs nothing at the start. Their fee is a share of the recovery, capped by state law.
People also ask
Do I need an industrial injury lawyer or a workers comp lawyer?
For the comp claim, a workers comp lawyer. If another company on the site caused it, the same attorney can tell you whether a lawsuit is worth it.
Can I get workers comp if I was paid in cash?
Often yes. How you worked matters more than how you were paid.
Can I sue the general contractor?
Sometimes. If the general contractor is not your direct employer, a claim against it may be possible, depending on your state.