Injured on a Construction Site?

Kentucky Construction Accident Cases

According to the U.S. Bureau of Labor Statistics, 20.8% of workplace deaths in 2023 occurred in the construction industry, and falls, slips, and trips caused 38.5% of those construction deaths. In Kentucky, construction workers are covered by KRS Chapter 342 workers’ compensation. A third-party claim against a party outside the employer’s immunity, such as an equipment manufacturer or property owner, can be pursued separately and reach damages workers’ comp does not pay.

Workers’ Compensation Under KRS Chapter 342

An employee injured on a Kentucky job site receives workers’ compensation benefits:

• Medical treatment with no out-of-pocket cost
• 66-2/3% of the average weekly wage during temporary total disability, within the state maximum and minimum set by KRS 342.730
• Permanent partial or total disability benefits based on the impairment rating
• Death benefits for surviving dependents

Workers’ comp does not cover pain and suffering, the full value of lost earning capacity, or the permanent ways the injury changes daily life. Under KRS 342.690, workers’ comp is the employer’s exclusive liability, which bars a negligence lawsuit against the employer. That immunity extends to a contractor treated as the employer under KRS 342.610(2), which can include a general contractor above the injured worker’s employer.

Third-Party Liability Cases

A third-party claim seeks full tort damages, including pain and suffering, from a party other than the direct employer that contributed to the injury:

• General contractors responsible for overall site safety and coordination, unless the general contractor shares the employer’s immunity
• Other subcontractors who created the hazard, subject to the same immunity rule
• Property owners who maintained unsafe site conditions
• Equipment manufacturers when defective equipment caused the injury (product liability)
• Tool suppliers and rental companies that provided improperly maintained equipment

Under KRS 342.700, an injured worker can claim workers’ comp and sue the third party, and cannot collect twice for the same loss. The employer or its insurance carrier can recover the compensation it paid from the third party, less a pro rata share of the worker’s legal fees and expenses.

Punitive damages may also be available in the third-party claim when the at-fault party’s negligence was particularly egregious, such as a contractor who knowingly skipped required inspections or an employer who fabricated safety records.

Common Construction Site Injuries

Construction accidents cause some of the most serious injuries Sam Aguiar Injury Lawyers handles:

• Traumatic brain injury and skull fractures from falls or falling objects
• Spinal cord injuries, including paraplegia and quadriplegia
• Crush injuries from equipment or trench cave-ins
• Amputations from power tools and machinery
• Severe burns from electrical contact or chemical exposure
• Broken bones, internal injuries, and soft tissue damage

These injuries often involve multiple surgeries, extended rehabilitation, and permanent limits on work capacity. The full value of the case, including lost lifetime earning capacity, future medical costs, and long-term care, requires thorough documentation and often testimony from vocational and medical professionals.

Early Workers’ Comp Settlement Offers

A workers’ comp settlement should wait until the injured worker knows whether a third-party claim exists. Employers and workers’ comp insurance companies sometimes push for fast resolution before an injured worker understands the full picture, and settling workers’ comp alone may leave significant money on the table when a general contractor, subcontractor, or equipment manufacturer contributed to the injury.

An injury settlement release is permanent. Once signed, the claim is closed forever. Insurance companies push quick checks before the full cost of medical care is known because there are no do-overs.

How Sam Aguiar Injury Lawyers Handles Construction Accident Cases

Sam Aguiar Injury Lawyers handles third-party claims for injured construction workers.

Bigger Share Guarantee®: clients always walk away with more money than the firm after medical bills, liens, and case expenses are paid. If the client’s share would ever be less than the legal fee, the firm cuts its fee.

• Dedicated three-person team: a top-rated attorney, an experienced case manager, and a skilled legal assistant.
• Flat contingency fee that never increases if your case goes to trial.
• $0 Out-Of-Pocket Forever.

Before signing a workers’ comp settlement, find out whether an equipment maker, property owner, or other party outside the employer’s immunity shares fault. Schedule a free case review of a construction injury.