Construction Site Injuries in Wisconsin
Whether an injured construction worker in Wisconsin can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: Wisconsin's safe place statute requires employers and owners of places of employment (which can include construction sites) and public buildings to construct, repair and maintain them so they are safe for employees and frequenters, and to use safety devices and safeguards. Wis. Stat. §§ 101.11, 102.03(2), 102.29(1)
| Construction site injuries | Wisconsin's safe place statute requires employers and owners of places of employment (which can include construction sites) and public buildings to construct, repair and maintain them so they are safe for employees and frequenters, and to use safety devices and safeguards. For the injured worker's own employer, workers' comp is the exclusive remedy against the employer, co-employees (with listed exceptions) and the comp insurer; the worker may also sue other negligent parties, with the recovery divided under the comp statute. Read in the 2023-24 Wisconsin Statutes PDF on docs.legis.wisconsin.gov (updated through 2025 Wis. Act 247, published 10-1-26). |
|---|---|
| Fault rule (comparative negligence) | Modified comparative negligence (51% bar). An injured person's negligence does not bar recovery if it was not greater than the negligence of the person from whom recovery is sought; damages are reduced in proportion. The injured person's negligence is compared separately against each defendant. A defendant less than 51% at fault pays only its percentage share. Source: Wis. Stat. § 895.045(1) |
| Deadline to sue for an injury | Three years for an action to recover damages for injuries to the person, including injuries from a motor vehicle accident. Source: Wis. Stat. § 893.54(1m)(a) |
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FAQ
Can you sue for a construction accident in Wisconsin?
Wisconsin's safe place statute requires employers and owners of places of employment (which can include construction sites) and public buildings to construct, repair and maintain them so they are safe for employees and frequenters, and to use safety devices and safeguards. For the injured worker's own employer, workers' comp is the exclusive remedy against the employer, co-employees (with listed exceptions) and the comp insurer; the worker may also sue other negligent parties, with the recovery divided under the comp statute.
Can you recover damages if you were partly at fault in Wisconsin?
Modified comparative negligence (51% bar). An injured person's negligence does not bar recovery if it was not greater than the negligence of the person from whom recovery is sought; damages are reduced in proportion. The injured person's negligence is compared separately against each defendant. A defendant less than 51% at fault pays only its percentage share.
What is the statute of limitations for personal injury in Wisconsin?
Three years for an action to recover damages for injuries to the person, including injuries from a motor vehicle accident.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.