Workers injured on construction sites may be able to sue the owner and its agents and contractors for full legal damages over and above their workers' compensation benefits. These "third-party lawsuits" are allowed if the owners and/or contractors were negligent in maintaining job site safety, or for violations of special worker protection statutes and regulations.

Unlike worker's compensation, these lawsuits can include recovery for full wages and benefits, medical expenses as well as pain and suffering. You may recover regular worker's compensation benefits and in addition, make claim for damages in the third-party lawsuit. The damages recovered may be very substantial. Of course, you will have to repay a portion of the compensation benefits, but even so, you can collect for many items not covered by compensation.

Many workers who suffer injuries on constructions sites may also be able to sue a building owner or contractor if the accident involves a fall from a ladder or scaffold. Building owners and their agents and contractors must supply and operate safety equipment to prevent workers from injuries caused by falls from elevated workplaces. Failure to do so results in absolute liability, even if the worker's own fault contributes to the accident. See Scaffold and Ladder Accidents.