Accidents are an unfortunate reality on construction sites — nearly 1 in 5 workplace deaths occur in the construction industry. But not every construction site injury is simply “part of the job.” When an accident is caused by a third party, unsafe site conditions, or outright negligence, workers may have legal options beyond the standard workers’ compensation system.
Read on as we break down when a construction injury might qualify for a personal injury claim, what limitations Ohio law imposes, and what steps to take if harm occurs on the job.
When Can You Seek Compensation Beyond Workers’ Comp?
Third-party negligence
In Ohio, workers’ compensation is typically the exclusive remedy for individuals injured on the job by a co-worker or during routine duties. But if the injury is caused by a third party (such as a subcontractor, equipment operator, or delivery driver who isn’t employed by the same company), you may have grounds for a personal injury claim, separate from any workers’ comp benefits.
That said, a successful third-party claim hinges on proving negligence — or that the at-fault party failed to exercise reasonable care. Examples include:
- Operating machinery without proper safeguards
- Ignoring basic safety protocols (like leaving guardrails off a scaffold)
- Failing to secure heavy materials
Independent contractor vs. employee
Employment classification plays a significant role in determining legal options after a job site injury. Employees are generally limited to workers’ compensation when the at-fault party is a co-worker or employer.
Independent contractors, on the other hand, are not covered under the same umbrella. If you’re an independent contractor who was injured by someone else on site (whether another contractor or an employee of a different company), you may be eligible to pursue a personal injury claim.
In some cases, contractors may not be entitled to workers’ comp at all, making third-party liability an even more important avenue for recovery.
Can You Sue Your Employer for a Worksite Injury?
Ohio law sets a high bar when it comes to holding employers directly liable for workplace injuries. In most cases, even if a worksite is unsafe or corners are cut, the only available remedy is through workers’ compensation.
To pursue a separate lawsuit against an employer, you must meet the strict requirements of an intentional tort claim. This means showing that the employer took a specific action it knew was substantially certain to cause harm — for example, if they removed a safety guard from a piece of machinery to speed up production at the expense of worker safety.
Even then, these claims are difficult to prove and rarely succeed unless the employer’s conduct approaches a near-criminal level of recklessness.
The frustrating gap in accountability
The result is a troubling legal gap: employers may engage in unsafe practices that lead to serious injury, yet still be shielded from liability under the workers’ compensation system.
Unless the conduct meets Ohio’s narrow definition of intentional tort, injured workers have no option but to rely on comp benefits, even when the harm was avoidable. For many individuals and families, this can be a bitter pill to swallow.
What to Do If You Are Injured On-Site
Construction sites are fast-paced environments, and in the aftermath of an accident, it’s not always clear what to do next. But the steps taken in the hours and days following a construction site injury can have a major impact on any future legal claim.
Capture photos, video, and incident details immediately
If possible, capture the scene immediately after the incident. Photos and video footage are often more valuable than medical records alone, especially when proving the cause of an injury or identifying a dangerous condition.
Try to document:
- The equipment or materials involved
- The exact location of the incident
- Any visible hazards (e.g., missing safety guards, exposed wiring, faulty scaffolding)
- The general condition of the site (weather, lighting, signage, etc.)
- Witness contact information
That said, construction accident injuries are often serious, and it might be difficult to gather this information yourself. Contacting Slater & Zurz right away can make a significant difference here — our team acts quickly to preserve evidence, interview witnesses, and organize the details of your case so nothing important is missed.
Keep in mind that even if a formal report is completed by a supervisor or site manager, personal documentation (or documentation gathered on your behalf) offers an unfiltered view of the incident and may help corroborate a claim.
Report the injury
Always notify a supervisor or site manager as soon as the injury occurs. This creates an official record and initiates the workers’ compensation process. Failing to report promptly could complicate future claims, especially if there is a dispute over when or how the injury happened.
Seek medical treatment and follow through
Prompt medical care is essential, not only for health reasons but also to establish a clear timeline and diagnosis. Make sure to follow all recommended treatments and retain copies of any discharge summaries, prescriptions, or referrals. These records help demonstrate the seriousness of the injury and the steps taken for your recovery.
Why Early Legal Consultation Matters
Ultimately, consulting with an experienced attorney early on can make a substantial difference in what happens next. Construction site cases are often complex, with multiple employers, contractors, and insurance policies at play.
Our team at Slater & Zurz has extensive experience handling these types of construction accident claims, including those involving personal injury, wrongful death, and workplace negligence. We offer free consultations and work on a contingency basis, meaning you pay no legal fees unless we recover compensation for you.
Call us today at 330-762-0700 for a free review of your case, and let us help you receive the full support you’re entitled to under Ohio law.
Written by Robert Horton
Rob, a partner at Slater & Zurz, brings over a decade of experience advocating for the injured. His exceptional negotiation skills have consistently secured favorable outcomes for clients in motor vehicle accidents, dog bite incidents, and slip-and-fall cases.
