Construction is one of the most hazardous industries in Ohio, with workers facing significant risks daily. From heavy machinery to high-rise scaffolding, the dangers are ever-present. Unfortunately, accidents can lead to severe injuries, leaving workers and their families facing major medical expenses, lost income, and long-term financial strain. Understanding the available compensation options after a construction accident in Ohio is essential to securing the support necessary for recovery.

This article explores the various avenues of compensation available to injured construction workers in Ohio, including workers’ compensation, third-party claims, and potential personal injury lawsuits.

Common Causes of Construction Accidents in Ohio

Construction sites are inherently dangerous, with multiple risks contributing to injuries. Some of the most common causes of accidents include:

• Falls from Heights – Scaffolding, ladders, and roofs pose a serious risk, particularly if safety harnesses or guardrails are missing.
• Struck-By Accidents – Falling objects, swinging cranes, and moving equipment can lead to devastating injuries.
• Electrocution – Construction sites frequently involve exposed wiring, power lines, and electrical tools, increasing the risk of electrical injuries.
• Caught-In or Between Accidents – Workers may become trapped in machinery, trenches, or between heavy materials, leading to crush injuries.
• Defective Equipment – Faulty tools and machinery can malfunction, causing severe injuries or fatalities.

Workers’ Compensation Benefits in Ohio

Ohio operates under a no-fault workers’ compensation system, meaning that injured workers do not need to prove that their employer was negligent in order to receive benefits. The Ohio Bureau of Workers’ Compensation (BWC) administers these claims, ensuring that eligible employees receive financial support after a workplace injury.

What Does Workers’ Compensation Cover?

1. Medical Expenses – Covers all necessary medical treatments related to the workplace injury.
2. Temporary Total Disability (TTD) Benefits – If an injury prevents a worker from returning to work for a period of time, TTD benefits compensate for lost wages.
3. Permanent Partial Disability (PPD) Benefits – For workers who suffer lasting impairments but can still work in some capacity.
4. Permanent Total Disability (PTD) Benefits – For workers who are permanently unable to work due to their injury.
5. Death Benefits – If a worker is fatally injured, surviving dependents may receive compensation.

While workers’ compensation provides essential financial assistance, it has limitations. It does not cover pain and suffering, and compensation is generally limited to economic losses. In cases where another party’s negligence contributed to the accident, additional legal options may be available.

Third-Party Liability Claims

In some situations, a construction accident results from the negligence of a third party rather than the employer. Third-party liability claims allow injured workers to seek additional compensation beyond what workers’ compensation provides. These claims can be filed against:

• Equipment Manufacturers – If defective machinery, tools, or safety equipment contributed to an accident, the manufacturer could be held liable.
• Subcontractors and Other Contractors – If a non-employer contractor's negligence led to an accident, they may be responsible for damages.
• Property Owners – If a hazardous condition on the property caused the accident, the property owner could be liable under premises liability laws.
• Architects or Engineers – If design flaws or unsafe construction plans contributed to an accident, liability may fall on these professionals.

Personal Injury Lawsuits After a Construction Accident

While workers’ compensation prohibits lawsuits against employers in most cases, injured workers can still pursue personal injury lawsuits against negligent third parties. A successful claim can result in compensation for:

• Medical expenses (past and future)
• Lost wages and diminished earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

To win in a personal injury lawsuit, an injured worker must establish that the third party was negligent and that their negligence was the direct cause the injury. Unlike workers’ compensation, personal injury claims provide the opportunity to claim non-economic damages, such as pain and suffering, which can substantially enhance the overall compensation.

Wrongful Death Claims in Ohio Construction Accidents

If a construction worker suffers a fatal injury, their surviving family members are able to file a wrongful death lawsuit to seek compensation. Ohio law allows spouses, children, and other dependents to recover damages for:

• Funeral and burial expenses
• Loss of financial support
• Emotional suffering and loss of companionship

Wrongful death claims are separate from workers’ compensation death benefits and may provide additional compensation when negligence is involved.

Filing Deadlines and Legal Considerations

Ohio has strict deadlines for filing claims after a construction accident:

• Workers’ Compensation Claims – Need to be filed within one year of the accident.
• Personal Injury and Third-Party Claims – Subject to Ohio’s two-year statute of limitations from the injury date.
• Wrongful Death Claims – Must be filed within two years from the date of death.

Missing these deadlines will often result in losing the right to seek compensation, making it important to take prompt legal action.

How an Attorney Can Help

Navigating the complexities of construction accident claims is often overwhelming, especially when dealing with severe injuries or loss of income. An experienced construction accident attorney can:

• Ensure Proper Filing – Handling workers’ compensation paperwork to avoid any delays or denials.
• Investigate Third-Party Liability – Identifying other parties responsible for the accident.
• Maximize Compensation – Negotiating settlements or taking cases to trial if needed.
• Handle Appeals – If a workers’ compensation claim is denied, an attorney can appeal on behalf of the injured worker.

Conclusion

Construction accidents in Ohio can have life-altering consequences, leaving workers and their families struggling with financial uncertainty. Understanding the various compensation options available—whether through workers’ compensation, third-party claims, or personal injury lawsuits—can make a significant difference in securing adequate financial recovery.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Ohio construction accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced construction accident lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.