Legally Reviewed by William Pemberton on September 30, 2026
A dropped tool, a faulty scaffold, or an unmarked hazard on a construction site can leave a worker with injuries that change the course of their life. If you were hurt on a construction site in Eau Claire, you may be dealing with medical bills, lost wages, and confusion about what to do. You don’t have to figure it out alone.
Pemberton Personal Injury Law Firm helps construction accident victims across Wisconsin get back on their feet. Our dedicated team knows how construction injury claims work in Eau Claire, and we may be able to help you figure out your next steps while you focus on healing.
What Causes Construction Accidents in Eau Claire?
Construction sites have many moving parts. Heavy machinery, scaffolding, power tools, and multiple crews working at once can create serious risks. When safety rules are ignored, workers and bystanders can get hurt.
Some of the most common causes of construction accidents include:
- Falls from ladders, scaffolding, or roofs
- Being struck by falling tools, materials, or equipment
- Getting caught between machinery or collapsing structures
- Contact with exposed or faulty electrical wiring
- Trench or excavation collapses
- Defective equipment or safety gear
According to the U.S. Bureau of Labor Statistics, 1,032 construction and extraction workers died from work-related injuries nationwide in 2024.This shows just how serious the risks on a job site can be, and why safety standards matter so much.
Who Can Be Hurt in a Construction Accident?
Construction accidents do not only affect construction workers. Drivers passing a work zone, pedestrians on a sidewalk near a site, and visitors to a property under construction can all get hurt too. If you were injured near a construction site in Eau Claire, you may have legal options even if you were not a construction worker.
Who May Be Responsible for Your Construction Accident Injuries?
Construction sites often involve many different companies and workers. This can make it hard to know who is responsible for an accident. Depending on the details of your case, responsibility may fall on one or more of the following:
- The general contractor overseeing the site
- A subcontractor who created a hazard
- The property owner
- An equipment manufacturer, if faulty gear caused the accident
- A crew member who acted carelessly
Wisconsin law requires property owners to exercise reasonable care in maintaining safe conditions for people lawfully on their property. This means a property owner may be held responsible if they failed to use reasonable care and that failure contributed to your injury. Our team can help sort out who may be at fault in your case.
Construction Injuries Can Overlap With Workers’ Compensation
If you were hurt while working, you may need to file a workers’ compensation claim. In some cases, you may also have a separate third-party injury claim against someone other than your employer, such as a subcontractor or equipment manufacturer. These claims can work together, but they follow different rules. It helps to have a lawyer’s guidance on which path fits your situation.
What Should You Do After a Construction Accident?
The steps you take after an accident can affect your health and your case, so we recommend doing the following:
- Get medical care right away, even if your injuries seem minor
- Report the accident to a supervisor or site manager
- Take photos of the accident scene, if you can safely do so
- Write down the names of any witnesses
- Keep records of medical visits and missed work
- Avoid giving detailed statements to insurance adjusters before speaking with an attorney
Some construction accidents cause injuries that affect a person for the rest of their life. If you suffered a catastrophic injury on a job site, our catastrophic injury lawyers can help you understand your rights and the possible long-term effects of your injury.
How Long Do You Have to File a Claim in Wisconsin?
Typically, a lawsuit must be filed within three years from the date of the accident. However, some important exceptions and nuances can affect the applicable deadline. Waiting too long can put your ability to recover compensation at risk, so it helps to get answers early.
What Compensation May Be Available After an Eau Claire Construction Accident?
Every construction accident case is different, but compensation may cover things like past and future medical expenses, lost income, rehabilitation costs, home modifications, emotional distress, and pain and suffering. If your injuries keep you from returning to your job, this may also factor into what you are owed. Our team looks closely at every loss connected to the accident so we can understand the full impact of your injuries.
Work With Pemberton Personal Injury Law Firm on Your Eau Claire Construction Accident Claim
We built our firm on a simple idea: insurance companies have teams working to minimize your claim, and we know how to push back. Our attorneys have over 90 combined years of experience, and our team has earned Super Lawyers recognition for 14 consecutive years. We have also secured one of Wisconsin’s largest jury verdicts in a personal injury case that did not involve broken bones.
We work on a contingency fee basis, so you owe nothing upfront, and we do not get paid unless we win your case. We fight for the maximum recovery you deserve, not simply the easiest or fastest settlement. This is The Pemberton Promise, and it is why our Eau Claire personal injury team is ready to help you take the next step. Reach out to us today for a free case evaluation.
Frequently Asked Questions About Eau Claire Construction Accident Cases
Can I sue my employer for a construction accident in Eau Claire, Wisconsin?
In most cases, Wisconsin workers’ compensation laws prevent you from suing your employer directly for a workplace injury. However, you may be able to pursue a third-party claim against a subcontractor, equipment manufacturer, or property owner whose negligence contributed to your accident. An attorney can help you identify all potentially liable parties and determine the best path forward.
How long do I have to file a construction accident claim in Wisconsin?
Wisconsin generally gives injured people three years from the date of the accident to file a personal injury lawsuit. Workers’ compensation claims have their own deadlines, typically requiring you to report the injury to your employer within 30 days and file a formal claim within two years. Missing these deadlines can affect your ability to recover compensation, so it is important to act promptly.
Who is responsible for a construction accident on a job site?
Responsibility for a construction accident can fall on several parties depending on the circumstances. This may include the general contractor, a subcontractor who created a hazard, the property owner, or an equipment manufacturer if a defective product played a role. Because multiple parties are often involved on construction sites, determining liability typically requires a thorough investigation of the accident.
What compensation can I recover after a construction accident in Eau Claire?
Depending on the type of claim you pursue, compensation may cover medical expenses, lost wages, reduced earning capacity, rehabilitation costs, pain and suffering, and emotional distress. If your injuries are permanent or severely limit your ability to work, the value of your claim may be significantly higher. An attorney can help you assess all the losses connected to your accident.
What should I do if an insurance company contacts me after a construction accident?
It is best to avoid giving a recorded statement or accepting a settlement offer before speaking with an attorney. Insurance adjusters work to protect the insurer’s interests, and early statements can be used to minimize or deny your claim. An attorney can communicate with the insurance company on your behalf and help ensure you do not settle for less than your case is worth.
ABOUT THE ATTORNEY
William Pemberton
Personal Injury Attorney, Pemberton Personal Injury Law Firm
William Pemberton is the founding attorney of Pemberton Personal Injury Law Firm, representing injured Wisconsinites across Madison, Eau Claire, Baraboo, Fitchburg, and Sun Prairie. He handles car accidents, motorcycle accidents, dog bites, brain injuries, and wrongful death cases on a contingency fee basis.
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