Construction Accident Lawyers

In most cases, workers' compensation provides the exclusive remedy against your direct employer — meaning you cannot file a separate negligence lawsuit against them. However, you can file third-party claims against other parties responsible for your injury, such as general contractors (if you work for a subcontractor), property owners, equipment manufacturers, safety consultants, and other subcontractors. These third-party claims often yield significantly more compensation than workers' comp alone.

A third-party claim is a personal injury lawsuit filed against someone other than your direct employer. On construction sites, potential third-party defendants include: the general contractor who controlled site safety, the property owner who created or allowed hazardous conditions, manufacturers of defective equipment or machinery, architects or engineers whose design errors created hazards, and other subcontractors whose negligence contributed to your injury. Third-party claims allow recovery of pain and suffering, full lost wages, and other damages that workers' comp does not cover.

OSHA identifies the four leading causes of construction fatalities as: (1) Falls — from roofs, scaffolds, ladders, and other elevations; (2) Struck-by — being hit by falling objects, swinging loads, or vehicles; (3) Electrocution — contact with power lines, wiring, or energized equipment; and (4) Caught-in/between — being caught in machinery, compressed between objects, or trapped in collapsed trenches. These four hazards account for over 60% of all construction worker deaths annually.

OSHA violations are powerful evidence in construction accident lawsuits. If the party responsible for site safety violated an OSHA standard — such as failing to provide fall protection (29 CFR 1926.501), failing to shore trenches (29 CFR 1926.652), or failing to de-energize electrical systems (29 CFR 1926.416) — this can establish negligence per se, meaning the violation itself proves that the defendant failed to meet the required standard of care. Our attorneys obtain OSHA inspection reports and citation records to build the strongest possible case.

For personal injury claims in Georgia, the statute of limitations is 2 years from the date of injury (O.C.G.A. § 9-3-33). In South Carolina, it is 3 years (S.C. Code § 15-3-530). Workers' compensation deadlines are separate: in Georgia, you must report the injury within 30 days (O.C.G.A. § 34-9-80) and generally file a claim within 1 year of the injury, a deadline extended if the employer paid for treatment or benefits (O.C.G.A. § 34-9-82). In South Carolina, notice must be given within 90 days (S.C. Code § 42-15-20) and a claim filed within 2 years (S.C. Code § 42-15-40). Missing any of these deadlines can jeopardize your recovery.

The general contractor typically has overall responsibility for site safety, including implementing safety plans, conducting inspections, and ensuring subcontractors comply with OSHA standards. However, property owners, safety supervisors, subcontractors, and equipment suppliers may also bear responsibility depending on their roles and contractual obligations. Our attorneys analyze the chain of contracts and site safety responsibilities to identify all liable parties.

Independent contractors may not be covered by workers' compensation, but they retain the right to file personal injury lawsuits against negligent parties — including the general contractor, property owner, and other subcontractors. In many cases, workers are misclassified as independent contractors when they should legally be considered employees. Our attorneys evaluate your employment classification and pursue all available legal remedies.

Yes. You can receive workers' compensation benefits from your employer's insurer while simultaneously pursuing a third-party personal injury claim against other negligent parties. However, your workers' compensation carrier will typically assert a lien against your third-party recovery to recoup benefits it has already paid. Our attorneys negotiate these liens to maximize the net amount you take home from both sources of recovery.

Through workers' compensation: medical treatment, temporary total disability (TTD) benefits, permanent partial disability (PPD) ratings, and vocational rehabilitation. Through third-party claims: full lost wages and earning capacity, pain and suffering, emotional distress, disfigurement, loss of enjoyment of life, and potentially punitive damages. Pursuing both sources simultaneously ensures you receive the maximum total compensation for your injuries.

At Roden Law, we handle construction accident cases on a contingency fee basis — you pay nothing upfront and owe no attorney fees unless we recover compensation for you. Construction accident cases often require OSHA experts, engineering analysis, and accident reconstruction, all of which we fund in advance. We provide free, confidential consultations to evaluate your case and identify all potential sources of recovery.