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All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.

Can I sue my employer if I’m injured at my construction site?

In most states, an employee cannot sue an employer for work-related injuries.

Generally speaking, the workers’ compensation system provides the exclusive remedy for construction workers who are injured on the job with respect to their employer (but you should discuss your situation with an experienced workers’ compensation attorney to make sure!).

Workers’ compensation benefits will pay for medical expenses, a portion of income replacement, and in some instances occupational retraining. It does not pay for pain and suffering. The benefits available through workers’ compensation are fairly limited compared to a construction accident claim or lawsuit against a third party.

A qualified construction lawyer can advise you about whether there are third parties against whom you may be able to make a claim in a construction accident to supplement your workers’ compensation benefits.

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