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Brannock & Soto Workers' comp lawyers
A construction worker sits on a concrete floor holding his knee while a co-worker in a hard hat checks on him

Construction injuries

Falls, struck-by injuries, trench and equipment accidents. We handle the comp claim and look for anyone else who may share the blame.

Free case evaluation

On the job site

Why job site claims get complicated

Construction sites have more moving parts than most workplaces: general contractors, subcontractors, equipment rental companies, staffing agencies. That makes two questions harder than they should be. Who is your employer for workers' comp, and is someone other than your employer responsible too?

We sort out which insurance covers you, get your medical care and wage benefits moving, and look at the site with a second set of eyes for a possible third-party claim. Comp claims and third-party claims follow different rules, and we keep both on track at the same time.

On a job site with six companies, the first question is simple to ask and hard to answer: who covers you?

You may be in this spot if

  • You fell from a ladder, scaffold, roof or lift
  • You were struck by a falling object, a vehicle or equipment on site
  • You were hired through a staffing agency or as a day laborer
  • Your employer says you are an independent contractor
  • Equipment failed, or another crew left the site unsafe

How we help

  • Find the right insurer

    We trace the chain of contracts so the claim goes to the company that is actually responsible for covering you.

  • Challenge the contractor label

    Being paid on a 1099 does not always mean you are a contractor. Many states look at who controlled the work.

  • Look beyond your employer

    If a subcontractor, property owner or equipment maker caused the injury, you may have a separate claim against them.

  • Preserve the site

    Photos, incident reports and witness names fade fast on a moving job site. We ask for them in the first week.

Who may be involved after a job site injury

Every site is different. This is the list we start from.

Who may be involved after a job site injury
Party Why it can matter
PartyYour direct employer Why it can matterUsually the workers' comp claim runs through its insurer.
PartyGeneral contractor Why it can matterIn many states it may have to cover you if a subcontractor had no comp insurance.
PartyOther subcontractors Why it can matterIf their crew caused the injury, they may face a separate third-party claim.
PartyStaffing agency Why it can matterOften the agency's insurer covers you, not the company where you were working.
PartyEquipment maker or rental company Why it can matterA defective lift, guard or tool can lead to a product claim outside comp.

Deadlines, in general terms

Report the injury to your supervisor in writing as soon as you can. Many states set reporting deadlines of about 30 days, a few are shorter. Third-party claims have separate, usually longer, deadlines.

Every state writes its own deadlines. We give you the dates that apply in Missouri and Kansas in writing after the first call. What varies by state

A related example outcome

Example outcomes are illustrations written for this sample website, not real clients. Every case is different. Past results do not guarantee or predict a similar result in any other matter, and some cases do not succeed.

All example outcomes

Example outcome Construction injury

Comp benefits plus a separate claim against a subcontractor

Drywall installer

The situation
A fall from a scaffold another subcontractor had assembled without guardrails led to a broken wrist and a shoulder injury.
What we did
We opened the comp claim with the staffing agency's insurer and pursued a third-party claim against the scaffold subcontractor.
How it ended
Comp paid medical care and wage benefits. The third-party claim resolved by settlement, and we negotiated down the comp insurer's repayment.

Went the client's way

Questions we hear

All questions
I'm undocumented. Can I still file?

In many states, yes. Workers' comp generally covers workers regardless of immigration status, though some benefits can be limited. We don't ask about status at intake, and what you tell us stays confidential.

My boss paid my hospital bill and told me not to file. Is that okay?

It can leave you unprotected if the injury turns out to be worse than it looked. Reporting the injury in writing protects your right to future medical care and wage benefits. Talk to us before you agree to anything off the books.

Can I sue the general contractor?

Sometimes. If the general contractor is treated as your employer for comp, a lawsuit may be blocked. If not, and its carelessness caused the injury, a third-party claim may be possible. It depends on the contracts and your state's rules.

Other ways we help

Talk to a lawyer about your job site injury

The free case evaluation takes about five minutes. We call back within one business day, in English or Spanish, and tell you plainly whether we think we can help.

Start a free case evaluation Call (816) 555-0142

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