Ohio has a strong construction industry. With major urban centers like Columbus, Cleveland, Cincinnati, Dayton, Youngstown, and Toledo, as well as expanding suburban and industrial developments, construction is a key driver of job growth and infrastructure development.
Heavy machinery, power tools, high structures, and constantly changing conditions create serious risks for workers. Whether it’s a fall from scaffolding, a machinery malfunction, or exposure to hazardous materials, injuries on construction sites happen far too often: according to the Bureau of Labor Statistics, in 2022 this industry had the second-highest number of fatal workplace injuries in Ohio.
If you’ve been injured while working in construction, you have rights. Ohio law requires most employers to carry workers’ compensation insurance, which can provide medical coverage, lost wages, and other benefits if you’re hurt on the job.
At Plevin & Gallucci, we’ve helped thousands of injured workers get the benefits they deserve. In this guide, we’ll go over everything you need to know about workers’ compensation for a construction injury in Ohio.
Do You Need a Workers’ Compensation Lawyer for a Construction Site Accident Claim?
At Plevin & Gallucci, we strongly believe that every injured worker should speak to a workers’ compensation attorney as soon as possible before the claim is filed. Even if your employer tells you the claims process is simple, or that they’ll “take care of it,” you should always get legal advice to be sure you’re being treated fairly.
The workers’ compensation system is the Ohio Bureau of Workers’ Compensation, which may deny claims, delay payments, or pressure you to return to work too soon, all to save money. In addition, some employers will try to downplay your injury, argue that it didn’t happen on the job, or even claim that you were at fault.
Our experienced workers’ compensation attorneys can protect your rights from day one and represent your best interests, especially if your employer tries to deny or reduce your benefits.
Challenges in Construction Injury Claims
It’s common for employers and the OBWC to try to minimize, delay, or even deny benefits to reduce costs. Here are some of the most common challenges construction workers face when filing for workers’ compensation, and what you can do about them.
- Claim Denials: One of the most frustrating setbacks is a claim denial. Your employer or the OBWC may argue that your injury didn’t happen on the job or it is a pre-existing condition rather than a workplace accident. You have the right to appeal the decision, and a workers’ compensation attorney can help gather medical records, witness statements, and expert opinions to bolster your case.
- Payment Delays: Even when a claim is eventually approved, some workers wait weeks or even months before receiving benefits. During this time, bills pile up, making it difficult to afford medical treatment, pay rent, or put food on the table. A workers’ compensation lawyer can help ensure that the legal process in not drawn out unfairly. If necessary, your attorney may also file a complaint with the Ohio Industrial Commission to get your benefits moving faster.
- Pressure to Return to Work Too Soon: Returning to work after a construction injury should only happen when you’re physically ready, but some employers pressure injured workers to come back too soon to reduce the amount of workers’ comp benefits they have to pay. If this happens to you, a construction accident attorney can fight to protect your health and benefits.
- Retaliation or Job Loss After Filing a Claim: While retaliation for filing a workers’ comp claim is illegal, that doesn’t mean some employers won’t try to get around the law. Some construction companies retaliate by firing you under false pretenses. You may have grounds for a wrongful termination lawsuit if your employer fired you as punishment for seeking the benefits you’re entitled to.
At Plevin & Gallucci, we know the tactics the OBWC and employers use to delay or deny benefits, and we fight aggressively to get injured workers the results they’ve earned.
Third-Party Claims: Can You Sue Outside of Workers’ Compensation?
In most cases, workers’ compensation prevents employees from suing their employer. However, if your injury was caused by a third party, such as a contractor, material supplier, equipment manufacturer, or negligent driver, you may be able to file a personal injury lawsuit for additional compensation.
A third-party claim can help you recover pain and suffering damages, which workers’ compensation does not cover. If another company’s negligence caused your injury, it’s worth exploring this option with a Plevin & Gallucci personal injury lawyer.
What Benefits Can You Receive?
If you suffer a construction injury in Ohio, you may be entitled to a variety of benefits that cover medical care, lost wages, and even job retraining if you’re unable to return to your previous position.
- Medical Expenses: The workers’ compensation program fully covers medical attention related to your workplace injury, including emergency care, doctor visits and specialist care, surgical procedures, prescription medications, and physical therapy and rehabilitation. There are no co-pays or out-of-pocket expenses, so you shouldn’t have to pay anything for approved treatments related to your work-related injury.
- Lost Wages: If your injury prevents you from working while you recover, you may be eligible for Temporary Total Disability (TTD) benefits. These benefits provide a portion of your lost wages so you can continue to support yourself and your family. For the first 12 weeks, you will receive 72% of your full weekly wage, after which the rate changes to 66.67% of your average weekly wage.
- Permanent Partial or Total Disability Benefits: For many construction workers, an injury doesn’t just mean a few months off the job; it can result in permanent physical limitations that make it impossible to return to work in the same capacity. If your work-related injury leads to lasting impairment, you may qualify for Permanent Partial Disability (PPD) or Permanent Total Disability (PTD) benefits.
- Vocational Rehabilitation Benefits: If your injury prevents you from returning to your previous job, you may qualify for vocational rehabilitation services through workers’ compensation. This program helps injured workers train for new roles and transition into a different career if their injury makes it impossible to continue working in construction.
Common Causes of Construction Site Injuries
Construction sites are high-risk environments, and there are several ways that on-the-job accidents can happen. Some of the most common causes of catastrophic injuries include:
- Falls from Heights: Falls are one of the leading causes of serious injuries and fatalities in construction. Scaffolding collapses, ladder falls, or missteps on unfinished structures can all lead to broken bones, spinal cord injuries, organ damage, and even traumatic brain injuries (TBIs) or death.
- Struck-By Accidents: Workers can be hit by falling objects, heavy equipment, or even moving vehicles. A falling tool, unsecured materials, or a distracted equipment operator can cause severe injuries in seconds, even if you’re wearing protective equipment.
- Electrocution and Electrical Injuries: Live wires, faulty equipment, heavy machinery malfunctions, and poorly marked electrical hazards can cause severe burns, nerve damage, and even fatal accidents.
- Machinery Accidents: Defective equipment is especially dangerous on a construction site. Heavy machinery like cranes, bulldozers, and forklifts can cause crushing injuries, amputations, and fractures if they malfunction or are used improperly.
- Trench and Building Collapses: A trench that isn’t properly reinforced or a structure that isn’t stable can collapse, trapping workers and causing life-threatening construction injuries.
- Exposure to Hazardous Materials: Construction employees often deal with toxic chemicals, asbestos, and silica dust, which can cause long-term health conditions like eye injuries, lung disease, and cancer.
Get a Free Consultation from our Ohio Workers’ Compensation Lawyers
Construction workers risk their health and safety every day, and when catastrophic injuries happen, you have the right to workers’ compensation benefits. Whether you need medical treatment, lost wage benefits, or vocational retraining, the system is supposed to provide it, but getting full benefits isn’t always easy.
At Plevin & Gallucci, we know how the OBWC and employers try to limit benefits, and we won’t let them take advantage of you. If you’ve been injured in a construction accident, our team can help file your legal claim, appeal a denial, and fight for the full compensation you’ve earned. For more information, call 855-4PLEVIN, or fill out our contact form to the right to have a Plevin & Gallucci team member reach out to you.
Related: Understanding Workers’ Compensation for Repetitive Stress Injuries
