Construction Safety: The Industry at a Glance

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An understanding of trends in construction employment and on-the-job safety will help you grasp the context in which a construction accident claim will be presented and considered. Being aware of this context is important if you or an employee have been injured in a construction accident. Read on to learn more about construction employment trends, safety requirements, workers compensation claims, and more.

Construction Employment Trends

According to the U.S. Department of Labor, approximately 6 million people work in the construction industry, or a total of about 4% of the nation’s work force. The Bureau of Labor Statistics is the Department of Labor division that keeps detailed records of employment trends.

The June 2014 unemployment rate for construction workers was 8.2 percent. Historically, from 1991 to 2001, the unemployment rate in the construction industry rose to 16.8 percent in 1992, and fell to 6.4 percent in 2000, before increasing to 7.3 percent in 2001. The overall unemployment rate in 2001 was 4.8 percent. There were 771 extended mass layoffs in the construction industry in 2001.

The construction industry as a whole is projected to grow to about 7.4 million in 2022, about a 21% change from the 2012 employment levels. Employment projections for the construction industry in 2010 indicate that employment in the industry will grow at a rate of 1.2 percent, somewhat more slowly than the 1.4 percent rate for the economy as a whole.

In April 2014, the average:

  • Hourly earnings of workers in construction were $26.59. In comparison, that same month, the average hourly earnings of all workers nationwide was $24.33.
  • Workweek in the construction industry was 39.1 hours.

Construction Injuries and Safety On The Job

Construction sites have significant safety hazards that can result in serious on-the-job injuries. Of the 4,175 worker fatalities in 2012, 806 deaths or 19.3% were in construction. Over half of these deaths were caused by four factors:

  • Falls – 279 of 806 total deaths in construction in 2012 (34.6%)
  • Struck by an Object – 79 deaths (9.8%)
  • Electrocutions – 66 deaths (8.1%)
  • Caught-in/between – 13 deaths (1.6%)

In addition, construction workers face higher rates of nonfatal injury than many workers. Construction laborers had the 7th highest rate of nonfatal injury and illness that required days away from work of all occupations at 382 per 10,000 full-time workers. Of the 3.3 million nonfatal injuries and illnesses reported in 2009, more than 9% were experienced by construction workers. Falls accounted for 22% of these injuries and illnesses.

Workers Compensation Claims by Construction Industry Employees

With these hazards and injuries to workers, workers compensation claims are also frequent in the construction industry. For example, in 2005-2007, the average workers’ compensation claims costs for a fall from an elevation in all industries was about $50,383. However, for roofers and carpenters in the construction industry, the average claim was much higher. For carpenters, the average cost was $97,169 and for roofers the average cost was $106,648. The approximate cost per year for falls from elevations by roofers was approximately $54 million and for carpenters was approximately $93 million per year. Lost time claims averaged over $106,000 for roofers and $97,000 for carpenters.

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I Have a Job-Related Injury: What are My Employer’s Responsibilities?

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If you have sustained a job-related injury, your employer may be responsible for helping you with lost wages or other accommodations. Most employers are required by laws in each state to carry workers’ compensation insurance, which pays a portion of an employee’s regular wages while he or she is recovering from a work-related injury or illness.

However, some types of workers, including independent contractors and railroad workers, are not covered by these workers’ compensation laws. Also, in some rare instances, employees may sue employers in court for injuries resulting from willful violations of safety regulations. Examples would include extreme cases of negligence; a failure to carry the required amount of workers’ compensation insurance; and other limited cases.

See FindLaw’s Workplace Safety and Workers’ Compensation subsections for more information.

Is Your Injury Work-Related?

Before you file a claim for workers’ compensation or seek other employer-provided relief, make sure your injury truly is work-related, which generally means it happened while you were doing your work duties or something else on behalf of your employer. This may also include company parties, picnics, or other social events sponsored by your employer but not necessarily on company-owned property.

Additionally, your employer’s workers’ compensation policy may cover job-related injuries even if you were disregarding workplace safety rules (such as “horseplay” on the job). State laws, and even courts within some states, are divided on this.

Below are some other considerations when determining whether your injury is work-related, for purposes of workers’ compensation claims or other actions:

  • An injury that occurred during a lunch break is typically not considered work-related, unless it occurs in a company cafeteria or otherwise involves your employer in some way;
  • Even if alcohol contributes to an injury, it may still be considered work-related if it occurred during a work-sponsored event such as a holiday party;
  • A preexisting condition that is worsened on the job is usually considered work-related;
  • Mental conditions are treated the same as physical injuries if they are determined to be sustained on the job or as a result of your job.

Workers’ Compensation Coverage

Employers in most states are required to carry workers’ compensation insurance, but only workers properly classified as “employees” are covered (as opposed to independent contractors). Also, Idaho and Wyoming do not require coverage of undocumented workers; but Arizona, California, Texas, and other states specifically include illegal immigrant workers in employers’ workers’ comp coverage.

Depending on your state, certain types of workers may not be covered by workers’ comp requirements (see Workers’ Compensation Links for state-specific information). Some examples are listed below:

  • Domestic workers (housekeepers, nannies, babysitters)
  • Agricultural workers
  • Seasonal workers
  • Undocumented workers

If you are eligible for workers’ comp, you may file a claim for benefits (usually about two-thirds of your regular salary) but you are not entitled to sue your employer for those same injuries in court. But, if your employer fails to provide coverage that is mandated by state law, they may be subject to fines, criminal charges, and/or lawsuits. See Workers’ Comp: Employers’ Responsibilities to learn more about what your employer is required to do (and prohibited from doing) with respect to workers’ comp.

When Workers’ Comp is Not an Option

Just because you are not eligible for workers’ comp benefits does not necessarily mean your employer doesn’t have responsibility for your job-related injury. If you are an independent contractor, for example, your contract may mandate the use of arbitration for injuries and other disputes.

In some rare cases, such as intentionally inflicted injuries sustained in the workplace, an employee may sue his or her employer. But usually that is not permitted. For more details, see Workers’ Compensation: Can I Sue My Employer Instead?

Other alternatives to workers’ comp coverage are listed below:

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