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Workplace & Construction Accidents Attorney Milwaukee

Construction and industrial job sites produce a category of injury claim that doesn’t fit neatly into workers’ comp alone. Your employer’s insurer handles the comp side. But the crane operator, the subcontractor, the equipment manufacturer, or the general contractor overseeing the site may bear separate liability that workers’ comp never touches. Tabak Law Injury Attorneys handles workplace and construction accident claims across Wisconsin and Illinois from our Milwaukee office, where a steady volume of industrial and construction work keeps this practice area busy year-round.

Missing the third-party liability piece of a construction injury is one of the most expensive mistakes an injured worker can make. It happens more often than it should. We see it constantly.

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    The Exclusive Remedy Rule and Its Exceptions

    Workers’ comp is generally your exclusive remedy against your direct employer. That means you typically can’t sue them separately for a workplace injury. That rule doesn’t extend to other parties on a construction site. A general contractor who isn’t your direct employer, a subcontractor, an equipment manufacturer, or a property owner can all potentially face a separate negligence claim outside the workers’ comp system entirely.

    The People In Your Corner

    Your Milwaukee Injury Team

    Leadership that sets the standard, and a dedicated personal injury group that carries your case day to day.

    • Professional middle-aged man with gray hair and beard, wearing a blue suit and light blue shirt, against a dark gray background.

      Jason Richard

      Managing Attorney

      Jason oversees the personal injury practice, setting the strategy and preparation that give clients real leverage in negotiations.

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      Jackson Moberg

      Personal Injury Attorney

      Jackson works directly with injured clients, building thorough cases from investigation through resolution with steady, personal attention.

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      Anna Feltes

      General Liability Paralegal

      Anna supports clients throughout their case, keeping records, deadlines, and communication on track so nothing slips through the cracks.

    OSHA Violations and Negligence

    Federal OSHA regulations govern safety standards on construction and industrial sites. A documented violation, missing fall protection, inadequate scaffolding, improperly guarded machinery, can serve as strong evidence of negligence in a third-party claim, even though OSHA itself doesn’t provide a private right to sue. We treat OSHA citations and inspection records as some of the most valuable evidence available in these cases.

    Wisconsin and Illinois Comparative Negligence

    Where a third-party negligence claim applies, both states use modified comparative negligence, barring recovery past 50% fault. Defense attorneys for contractors and equipment manufacturers argue worker error aggressively in these cases. Sometimes ignoring documented safety violations that had nothing to do with the worker’s own conduct.

    Statute of Limitations

    Workers’ comp claims and third-party negligence claims run on different clocks. Comp claims generally require prompt notice to your employer. A separate negligence claim against a third party typically follows the standard three-year statute of limitations in both states. The two need to be pursued together, and coordinated carefully, to avoid one undermining the other.

    Common Construction and Industrial Accidents We Handle

    Falls from scaffolding, ladders, or roofs

    among the leading causes of serious construction injury and death

    Crane and heavy equipment accidents

    often involve improper operation, inadequate training, or mechanical failure

    Electrocution and electrical accidents

    frequently tied to inadequate lockout/tagout procedures

    Trench and excavation collapses

    a well-documented OSHA violation category when proper shoring wasn’t used

    Struck-by accidents

    falling tools, materials, or vehicles on an active site

    Caught-in/between accidents

    injuries from machinery, collapsing structures, or being pinned between equipment and a fixed surface.

    Each of these accident types tends to generate specific OSHA standards worth checking against the facts of what actually happened.

    Recoverable Damages

    Workers’ compensation benefits

    medical treatment and wage replacement through the no-fault system

    Third-party negligence damages

    pain and suffering, full lost wages, and other damages not available through workers’ comp alone

    Permanent disability compensation

    for lasting impairments affecting future work capacity

    Wrongful death

    available to family when a workplace or construction accident proves fatal

    Punitive damages

    possible in third-party claims involving especially reckless safety violations.

    How We Build Your Case

    1

    Filing the workers’ comp claim correctly and on time to secure immediate medical and wage benefits

    2

    Investigating whether a party other than your direct employer bears separate liability for the accident

    3

    Obtaining OSHA inspection records and citation history for the site and the parties involved

    4

    Identifying equipment defects that may support a separate claim against a manufacturer

    5

    Interviewing witnesses and coworkers while the incident is still fresh in memory

    6

    Coordinating the workers’ comp claim and any third-party claim so that one doesn’t reduce recovery under the other

    7

    Litigating third-party claims when a contractor’s or manufacturer’s insurer won’t offer fair value.

    Why Choose Tabak Law Injury Attorneys?

    We fight insurance companies — not you

    Both the workers’ comp carrier and any third-party insurer are working to limit what they pay.

    Thorough case preparation from day one

    OSHA records and site evidence need to be secured quickly.

    Trial-ready representation

    We prepare third-party claims as if they’re going to court.

    No fee unless we win

    Free consultation, contingency-based representation on any third-party claim.

    Client Experiences

    People we stood beside.

    Behind every case is a real person facing a difficult moment. Here is how clients describe working with our team.

    Frequently Asked Questions

    Yes, in many cases. Workers’ comp generally bars a lawsuit against your direct employer. It doesn’t prevent a separate negligence claim against a general contractor who isn’t your employer, a subcontractor, an equipment manufacturer, or another third party whose negligence contributed to the accident. Coordinating both claims correctly matters, since money recovered in one can sometimes affect the other.

    An OSHA citation is strong evidence of a safety violation. That matters a great deal. It can significantly strengthen a third-party negligence claim, even though OSHA itself doesn’t allow a private lawsuit. We request the full inspection file, not just the citation summary, since the underlying findings often contain additional useful detail.

    Anyone other than your direct employer who contributed to the accident. A general contractor if they’re a separate entity from your employer. A subcontractor, a property owner, an equipment rental company, or a manufacturer if a defective tool or machine was involved. Multi-employer construction sites often create several potential third-party defendants.

    That can support a product liability claim against the manufacturer or distributor, separate from any workers’ comp or third-party negligence claim. We preserve the equipment when possible. We also work with the site to prevent it from being repaired or discarded before it can be inspected. Then we consult with engineering experts to establish exactly how and why the defect caused the accident.

    Both Wisconsin and Illinois bar recovery once you’re found more than 50% at fault, with damages reduced proportionally below that. Contractors and manufacturers argue worker error aggressively in these claims. We counter that with documented safety violations and site evidence whenever they exist.

    Generally three years from the date of the accident in both states, separate from workers’ comp notice deadlines, which move much faster. Missing either deadline can significantly limit what you’re able to recover.

    Workers’ comp attorneys and firms handling third-party negligence claims often work together, since the two claims interact. We handle both pieces together to make sure the coordination happens correctly rather than leaving money on the table.

    Talk to a Milwaukee Workplace and Construction Accident Attorney

    A workers’ comp claim alone often leaves real compensation on the table when another party’s negligence contributed to your injury. Our Milwaukee-based team investigates every angle, comp benefits and third-party liability, to pursue everything you’re owed. No fee unless we win.

    Start Your Free Consultation Call 414-232-1792