Construction Injuries

A Construction Injury May Be More Than Workers’ Comp

Construction sites can be dangerous places to work and the potential for serious injury is high. Sites are in a constant state of change and new hazards arise daily. If you have suffered an injury on a construction job site, you need the help of an experienced lawyer.

At Friedman Law Offices, we have experience handling all types of construction accidents, including equipment malfunctions, falling debris, crane accidents, trench collapses, scaffolding accidents, injuries caused by other workers and many others.

Excellent Attorneys Fighting To Protect Your Interests

Injuries suffered by hardworking professionals at construction sites are presumed to be workers’ compensation matters. Following an incident, they assume that their only route to remedies is through their company’s workers’ compensation insurance. That assumption ignores the possibility of a third party being responsible for your injuries.

If a crane accident or motor vehicle crash resulted in a job site injury, you have the right to file not only a workers’ compensation claim, but also a personal injury lawsuit against the negligent third party that caused you injury. At Friedman Law Offices, we navigate clients through a complex process to secure the damages they deserve.

While you hold your employer accountable for paying workers’ compensation benefits, you may also be able to pursue compensation from the negligent party that caused your construction accident. For help, contact an attorney at 888-419-6876 for a free consultation and immediate evaluation of your case.

Our personal injury lawyers’ experience in third-party liability coupled with workers’ compensation law benefits Nebraska residents whose careers are at stake following an injury.

Types of Construction Accidents

Construction injuries can happen many ways, but a few patterns show up again and again on job sites:

  • Falls from heights (ladders, roofs, scaffolds, unprotected edges)
  • Struck-by incidents (falling tools/materials, swing radius, vehicle back-overs)
  • Caught-in/caught-between incidents (trench cave-ins, equipment pinch points, rotating machinery)
  • Electrocutions (overhead lines, faulty temporary power, energized panels)
  • Scaffolding failures (collapse, improper planking or tie-offs)
  • Crane and rigging accidents (boom collapse, tip-overs, load drops, rigging failures)
  • Heavy equipment incidents (forklifts, loaders, excavators, rollers)
  • Excavation and trenching accidents (slough-ins, inadequate shoring)
  • Fires, explosions, and chemical exposure (hot work, flammables, silica, solvents)

Understanding “how” or “why” a construction accident happened often points to who may be held liable for compensation beyond workers’ comp—e.g., a negligent subcontractor, General Contractor, equipment owner, or product manufacturer.

Jobs at Highest Risk for Construction Accidents

Some trades face elevated danger due to the nature of their work:

  • Roofers and Framing Crews: Falls remain the leading killer in construction. In 2023, 38.5% of construction deaths were from falls/slips/trips, and roofing contractors accounted for 26% of those fall fatalities.
  • Ironworkers, Steel Erectors, and Scaffolders: These workers face frequent work at height and exposure to falling objects.
  • Electricians: Construction or extraction workers account for the largest share of electrical fatalities nationwide.
  • Excavation/Trenching Crews and Heavy-Equipment Operators: These subsets of workers encounter caught-in/caught-between and struck-by risks.
  • General Laborers and Demolition Teams: Multi-employer sites, variable conditions, and debris exposure increase hazards.

Workers’ Compensation vs. a Lawsuit: How They Work Together in Nebraska

In Nebraska, most on-the-job injuries are covered by workers’ compensation, but you may also have a separate personal-injury claim if a third party (not your employer/co-worker) caused or contributed to the accident—think negligent subcontractors, drivers, property owners, or equipment manufacturers.

Nebraska law also gives the employer/insurer a subrogation interest in third-party recoveries, and certain third-party settlements require specific approvals.

What Workers’ Comp Pays (Nebraska Basics)

  • Medical care that’s reasonable/necessary for the injury.
  • Wage-loss benefits: generally, two-thirds of your average weekly wage. There’s a 7-day waiting period; benefits start day 8. If disability lasts 6+ weeks, the waiting week is paid retroactively.
  • Permanent disability benefits, vocational rehabilitation, and mileage/incidentals where applicable.

“Pain and suffering” is not paid through workers’ comp—but it can be recovered in a third-party lawsuit, along with full lost wages and other damages, when someone outside your employer is legally at fault.

Your Right to Choose the Treating Doctor

Nebraska gives injured workers a real say in who treats them: you may choose a doctor who has treated you or an immediate family member before the injury (the doctor must have records of prior treatment).

If the employer doesn’t give proper notice of your right, you may be free to choose any qualified physician. Changes later typically require agreement or a court order. Pay attention to the Form 50 choice-of-physician paperwork after you report the injury.

Reporting & Deadlines (Don’t Wait)

  • Notify your employer “as soon as practicable.” Written notice is best; Nebraska law outlines what the written notice should include and how to serve it. Lack of written notice isn’t fatal if the employer already knew about the injury, but don’t risk it—report promptly and in writing.
  • File on time. Most Nebraska workers’ comp claims must be formally filed within 2 years of the accident or within 2 years of the last payment of benefits—whichever is later. There are nuances and exceptions; don’t rely on grace periods.

Coordinating a Third-Party Case with Your Workers’ Comp Claim

If a negligent third party caused your injuries (for example, a crane company or delivery driver), you can pursue that civil claim while receiving workers’ comp. Nebraska law gives the employer/insurer a lien or subrogation interest on third-party recoveries, allows deduction of reasonable fees and costs from the lien, and requires written approval on certain settlements to be valid.

What to Do Now

  • Report the injury in writing and request all incident/OSHA reports and witness names.
  • Preserve photos and videos (whether of the scene, equipment, PPE, or site conditions) and your medical bills and pay stubs.
  • Contact us today for a free case evaluation. We’ll confirm your workers’ comp benefits, identify all third-party targets, and protect your deadlines.

Lincoln-Area Care & Rehab After a Construction Injury

When treatment happens here in Lincoln, it creates a clear paper trail for your claim. Injured workers often receive care or follow-ups at:

Ask for complete records (ER notes, imaging, operative reports, PT/OT notes, work restrictions). These documents help prove causation, disability, and costs.

How to Get Lincoln & Lancaster County Records That Help Your Case

Strong evidence wins cases. Here’s what injured workers in Lincoln typically request:

  • Incident reports and photos from the GC/subcontractor or site safety manager
  • OSHA logs/complaints if an OSHA reportable event occurred on the site
  • Police accident reports (for roadway or work-zone crashes investigated by the Lincoln Police Department or Lancaster County Sheriff’s Office)
  • Workers’ compensation forms and adjuster correspondence from your employer/insurer
  • Medical records (hospital, specialty clinics, rehab, therapy) and billing ledgers
  • Wage records (pay stubs, W-2s) to establish TTD/TPD and lost earning capacity

OSHA & Safety Resources Near Lincoln

If OSHA investigated your incident, we obtain the case file, photographs, interviews, and findings to support liability in a third-party case.

Contact Us For A Free Initial Consultation With An Outstanding Attorney

If you have been injured in a construction accident, contact Nebraska-based Friedman Law Offices at 888-419-6876 for an immediate evaluation of your case at no cost.