The construction industry continues to rank among the most dangerous workplaces in the United States, with 1,075 fatalities recorded in 2023—the highest of any sector.Falls, slips, and trips accounted for nearly 40% of these deaths, underscoring the urgent need for stronger workplace protections and fair compensation for injured workers. Despite the risks, construction workers face significant hurdles when seeking workers’ compensation, with claims often delayed, denied, or underpaid.At Levine And Wiss, we have witnessed firsthand how complex and frustrating the workers’ compensation system can be for injured construction workers.A recent groundbreaking court ruling in Waldy Quinones Garcia v
. Monadnock Construction, Inc. is bringing these issues to light, setting a legal precedent that could reshape how claims are handled.
Alongside new legislative efforts like the Justice for Injured Workers Act (JIWA), this case highlights the systemic challenges within the workers’ compensation process and reinforces the importance of legal representation in securing fair treatment.
Systemic Barriers Preventing Injured Construction Workers from Receiving Compensation
While workers’ compensation laws are designed to protect injured employees, many construction workers struggle to obtain benefits due to bureaucratic obstacles, employer pushback, and insurance denials.
- In 2023, the construction industry recorded 1,075 fatalities, the highest of any sector.
- In 2020, the industry reported 174,100 nonfatal workplace injuries and illnesses, highlighting the persistent risks workers face on job sites.
- Falls remain the leading cause of workplace deaths, with 64.4% of fatal falls occurring from heights of 6–30 feet, and 67 fatal falls from over 30 feet.
- Portable ladders and stairs were responsible for 109 fatalities, highlighting common safety hazards.
- Nonfatal injuries are also severe—falls, slips, and trips accounted for 32% of nonfatal construction injuries, and 25% of workers suffer back injuries due to overexertion and falls.
- Workers’ compensation claims in construction take 29% longer to resolve than in other industries, leaving injured workers in financial distress.
- Between 10% and 50% of claims are denied, forcing many injured workers to either appeal or forgo benefits altogether.
- Only 70% of eligible construction workers file for workers’ compensation, with fear of employer retaliation and legal complexity cited as primary reasons.
- Hispanic or Latino workers represent 30% of the construction workforce and experience higher rates of occupational injuries, yet they often face additional barriers to accessing compensation and healthcare.
The Impact of the Waldy Quinones Garcia Ruling
The Garcia v. Monadnock Construction, Inc. case is a major legal victory for injured construction workers, reinforcing their rights and setting a precedent for fairer claim resolutions.The court recognized the systemic barriers workers face, making it clear that injured employees should have greater access to legal redress when their claims are wrongfully denied or delayed.
Key Takeaways from the Case:
- The ruling affirms that injured construction workers must have greater access to legal redress when their claims are unfairly denied.
- It highlights the importance of third-party liability claims, which can provide additional compensation beyond standard workers’ compensation.
- It acknowledges systemic obstacles in the workers’ compensation process, which may influence future rulings and legal interpretations of third-party liability.
- It sets a legal precedent for fairer treatment, which could encourage future reforms in workers’ compensation policies.
Legislative Efforts: How JIWA Is Changing the Workers’ Compensation Landscape
In addition to this landmark court ruling, legislative efforts are underway to strengthen protections for injured workers. The Justice for Injured Workers Act (JIWA) was enacted in 2022 to reform the workers’ compensation system, ensuring claims are processed fairly and efficiently.Key provisions of JIWA include:
- Faster claims processing, reducing unnecessary delays
- Increased employer accountability through stricter safety and reporting regulations
- Expanded legal protections to prevent wrongful claim denials
The Economic and Personal Costs of Workplace Injuries
Beyond legal challenges, workplace injuries have a severe financial and emotional impact on construction workers and their families.
- Workplace injuries cost the construction industry over $13 billion annually in medical expenses and lost productivity.
- The average cost of a serious construction injury is $42,000, creating significant financial strain.
- 31% of injured construction workers report depression or anxiety following their injury, highlighting the need for mental health support as part of recovery.
- 45% of injured workers have pre-existing conditions that complicate both medical recovery and claim resolution.
- Workers with comorbid health conditions often face longer recovery periods, which can lead to delayed claim settlements and financial hardship.
Advocating for Safer Workplaces and Stronger Legal Protections
The recent Garcia v. Monadnock Construction, Inc. ruling and legislative changes like JIWA are important steps toward reforming the workers’ compensation system, but more work remains. As advocates for injured workers, we continue to push for:
- Stronger workplace safety standards to prevent injuries
- A fairer workers’ compensation process that prioritizes injured workers over corporate interests
- Legal reforms to streamline claims and reduce unnecessary delays
At Levine And Wiss, we believe that every injured construction worker deserves justice, fair compensation, and a safe working environment. If you or a loved one has been injured on a construction site, we are here to help. Our experienced legal team is dedicated to protecting workers’ rights and ensuring they receive the compensation they deserve.