AI Insights Key Takeaways
- D.C. sees constant construction, and job sites are governed by federal OSHA safety standards; a safety violation can be strong evidence of negligence.
- Beyond workers’ compensation, an injured worker may have a separate “third-party” injury claim against someone other than their employer, a general contractor, subcontractor, property owner, or equipment maker.
- A third-party claim matters because, unlike workers’ comp, it can recover pain and suffering and the full extent of your losses, and D.C. puts no cap on those damages.
- The “Fatal Four” hazards, falls, struck-by, electrocution, and caught-in/between, cause most serious construction injuries. You generally have three years to file a third-party claim (D.C. Code § 12-301(8)).
- Schehr Law PLLC handles D.C. construction cases on contingency through Kalyn Hoyle, Esq., a member of the D.C. Bar. No fee unless we recover for you.
General information, not legal advice. Every case is different — talk to an attorney about yours.
Washington, D.C. is in a near-constant state of construction, from high-rises and federal projects to road and infrastructure work. It is also some of the most dangerous work there is. If you were injured on a D.C. job site, workers’ compensation may not be your only option, and the difference can be substantial. Contact us today for a free consultation.
Workers’ Comp Is Often Not the Whole Story
If you were hurt on the job, workers’ compensation generally provides benefits regardless of fault, and it is usually your exclusive remedy against your own employer. But it does not prevent a separate “third-party” injury claim against someone else whose negligence caused the accident. On a busy construction site, that is common, because many different companies and people are present who are not your employer.
This matters because a third-party claim can recover what workers’ comp does not, including pain and suffering and the full extent of your losses, and the District places no cap on those damages.
Who May Be Liable Besides Your Employer
- A general contractor or construction manager responsible for overall site safety;
- A subcontractor whose work created the hazard;
- The property owner; or
- The manufacturer of defective equipment, tools, or materials.
OSHA Rules and the Evidence That Wins These Cases
Construction sites must follow federal OSHA safety standards. A documented violation, missing fall protection, unsafe scaffolding, an unguarded opening, can be powerful evidence of negligence in a third-party claim. These cases often turn on the scene, the equipment, and the records: inspection reports, citations, safety plans, and witness accounts. That evidence can disappear fast on an active site, so preserving it early is critical.
The “Fatal Four” Hazards
OSHA attributes most construction deaths and serious injuries to four causes:
- Falls from roofs, scaffolding, ladders, and openings;
- Struck-by objects, equipment, or vehicles;
- Electrocution; and
- Caught-in or between equipment, materials, or collapsing structures.
These frequently cause catastrophic injuries, traumatic brain injury, spinal cord damage, amputation, and severe fractures, the kind of lifelong harm where the absence of a damages cap matters most.
Why Injured Workers in D.C. Choose Schehr Law PLLC
You get a licensed District of Columbia attorney who knows how to separate the workers’-comp track from the third-party claim, use OSHA standards as evidence, and pursue every responsible company. Kalyn Hoyle, Esq. is a member of the D.C. Bar and handles the firm’s District cases personally, backed by a team that has recovered more than $10 million for injured clients. No fee unless we win.
Frequently Asked Questions
Can I sue if I was hurt on a D.C. construction site and already have workers’ comp?
Possibly. Workers’ compensation generally is your exclusive remedy against your own employer, but it does not stop you from bringing a separate “third-party” injury claim against someone else whose negligence caused the accident, such as a general contractor, a subcontractor, the property owner, or an equipment manufacturer. A third-party claim can recover damages workers’ comp does not, including pain and suffering.
Who can be liable for a D.C. construction accident besides my employer?
Depending on the facts, liability can fall on a general contractor or construction manager responsible for site safety, a subcontractor whose work created the hazard, the property owner, or the manufacturer of defective equipment or materials. Multiple parties often share responsibility on a busy job site.
What role do OSHA safety rules play?
Construction sites must comply with federal OSHA safety standards. A documented OSHA violation, for example inadequate fall protection or unsafe scaffolding, can be powerful evidence of negligence in a third-party claim. Preserving the accident scene, equipment, and any inspection or citation records early is important.
What are the most common serious construction injuries?
OSHA’s “Fatal Four” account for most construction deaths and serious injuries: falls from height, being struck by objects or vehicles, electrocution, and being caught in or between equipment or materials. These often cause catastrophic injuries like traumatic brain injury, spinal cord damage, amputation, and severe fractures.
How long do I have to file a construction injury claim in D.C.?
A third-party personal injury claim generally must be filed within three years under D.C. Code § 12-301(8). Workers’ compensation has its own separate deadlines and reporting requirements. Because both can apply at once, it is best to consult an attorney promptly.
Talk to a D.C. Construction Accident Lawyer Today
Before the site is cleaned up and the records filed away, get someone protecting your claim. For a free, confidential case review with a D.C.-barred attorney, contact us today or call (202) 344-9721.