Columbus Construction Accident Attorneys

After a construction injury: care, reporting and your claim number

Get medical care and tell the provider how the injury happened at work. Report it promptly to your employer and keep a copy of the report. If you work through a staffing company or subcontractor, record the names of both your employer and the company directing the jobsite work.

Next, confirm that a workers’ compensation claim was filed and obtain the claim number. Telling a supervisor about the accident is not necessarily the same as filing a claim. Keep medical restrictions, BWC letters and any orders you receive together. Our Ohio BWC claim guide explains the filing process.

You can contact CKG before you have every record. Tell us what happened, which company employed you and whether treatment or time away from work is being disputed.

How our Columbus attorneys can help

A construction injury claim may involve more than the original accident report. Your medical condition, work duties, pay records and the companies on the site can each affect what needs to be addressed. Cox, Koltak & Gibson can help you:

• Review the claim and the medical conditions it covers.
• Identify the evidence needed when treatment, lost-wage benefits or the claim itself is disputed.
• Prepare for an appeal or an Industrial Commission hearing.
• Assess whether a safety violation or another company’s role calls for a separate investigation.
• Consider future treatment and work restrictions before discussing a settlement.

Our office is at 5 E Long Street, Suite 200, in downtown Columbus. Peter Gibson and Benjamin Churchill represent injured workers before the Ohio BWC and Industrial Commission. Read their backgrounds or request a free consultation about your construction injury.

Workers’ comp, a safety-violation claim and a civil claim

The same incident can raise different legal questions. Each possible claim has its own requirements, evidence and filing steps.

Ohio workers’ compensation

An eligible employee can seek covered medical care and qualifying compensation for a work-related injury. The ordinary claim generally does not require proof that the employer was negligent. Coverage and benefits still depend on Ohio’s eligibility rules, the allowed conditions and supporting evidence. See R.C. 4123.54 and our workers’ compensation overview.

A violation of a specific safety requirement: VSSR

A VSSR application seeks an additional award when an employer’s violation of an applicable specific Ohio safety requirement caused the injury. It is a separate application, not an automatic addition to an approved claim. O.A.C. 4121-3-20 sets out the procedure. Our VSSR guide explains the evidence involved.

A claim against a responsible third party

An outside driver, equipment manufacturer or another legally responsible party may need investigation. The presence of a general contractor or subcontractor does not by itself establish liability. Duties, control, employment relationships and immunities matter. Ohio gives qualifying employers immunity from ordinary work-injury damages claims under R.C. 4123.74. Read how third-party claims and workers’ comp interact, including possible reimbursement obligations.

Paid on a 1099 or called a subcontractor? Check the actual arrangement

A tax form or contract label does not settle every workers’ compensation coverage question. R.C. 4123.01(A)(1)(c) sets out a specific employee test for services performed under a construction contract: at least ten of its twenty criteria must apply.

The facts include who directed the work, set your hours, supervised or paid you, supplied tools and required you to perform the work personally. Preserve the contract, pay records, schedules and messages showing how the job actually operated. If a staffing agency placed you, identify the agency and the business that directed your daily work.

Other coverage provisions may also matter. An attorney needs the working arrangement and documents to assess it; neither a 1099 nor the word “subcontractor” is enough on its own.

A jobsite evidence checklist you can use

Construction work continues after an accident. Equipment moves, surfaces change and recordings may be overwritten. Preserve what you already have, and tell counsel what else may exist. Stay out of unsafe areas and obtain photographs or records only when you can do so safely and lawfully.

• Location and task: the site address, exact work area, date, time and what you were doing.
• People and companies: your employer, supervisor, staffing agency, contractors involved and witness contact details.
• Reports and messages: the incident report, job instructions, texts, emails and any claim number.
• Equipment: the machine, ladder, scaffold or vehicle involved, including identifiers or photographs you already have.
• Medical and pay records: treatment notes, work restrictions, missed shifts and wage information.

Match the details to what happened

• A roof, ladder or scaffold fall: note the working height, access route, surface, guardrails and protection in use.
• A falling object or moving machine: identify the object, equipment, operator and where each person was working.
• A trench incident or electrical contact: record the location, work instructions and equipment involved without returning to the hazard.
• Lifting or carrying materials: describe the load, movement, symptoms and the task you were performing.

These are questions to investigate, not findings about fault. Let counsel know about possible surveillance video, inspection logs, work plans or maintenance records so preservation can be addressed.

What an OSHA investigation can—and cannot—establish

OSHA’s construction fall-protection standard addresses particular work conditions. Its scope provisions direct some situations, including scaffold work, to other standards. The task and equipment determine which requirements need review.

An inspection report or citation may provide useful evidence. It does not automatically establish a VSSR award or civil liability, and waiting for an OSHA investigation does not preserve your compensation filing deadline. Keep the safety-investigation records and your claim paperwork together so each process can be assessed.

Missed work, light duty and returning to the site

Give your treating provider a clear description of the job: lifting materials, climbing ladders, kneeling, overhead work or walking on uneven ground. Written restrictions should address the duties you actually perform. A release to some work does not necessarily establish readiness for your former construction position.

Temporary total disability benefits may apply during a qualifying period away from the former job. Wage-loss benefits may be relevant if allowed restrictions reduce your earnings and the other requirements are met.

If you receive a light-duty offer, keep the written duties, hours, location and pay. Give the offer and restrictions to your provider and attorney for review. Questions about the work you can perform or the effect on benefits should be addressed before you decide how to respond. Keep records of missed shifts and any change in earnings.

When treatment is denied or checks stop

Start with the document explaining the decision. A dispute about surgery, a period off work or a newly diagnosed condition may require a different response from a denial of the whole claim.

Keep the decision, the date you received it, medical reports and any requests for missing information. A phone call about the problem does not replace a required appeal. Our denied-claim guide explains how to organize the order and evidence; the hearing guide covers preparation for a disputed issue. Contact us promptly if you have an order or hearing notice.

Bring the records you have to a free consultation

Bring your claim number if one exists, employer and contractor names, incident details, medical restrictions, recent orders and insurer correspondence. Tell us about any upcoming hearing, treatment dispute, work offer or settlement paperwork. Missing documents should not stop you from contacting us.

R.C. 4123.84 generally requires injury-claim notice within one year, subject to statutory alternatives and exceptions. For VSSR claims arising on or after September 15, 2020, O.A.C. 4121-3-20 generally requires an application within one year; earlier claims use the rule’s two-year period. A civil claim has separate timing requirements. Have the applicable dates checked promptly.

Call Cox, Koltak & Gibson at (614) 221-7381 or request a free consultation with our Columbus team. We can review where the claim stands and explain the next steps.