Construction is one of the most dangerous jobs in the workforce.
Each year, thousands of workers are injured in the construction industry across the Midwest. According to the U.S. Bureau of Labor Statistics, 1 in every 5 workplace fatalities happens on a construction site.
While there are many occupational safety rules in place – which didn’t use to exist – to protect workers, accidents still happen. When they do, injury victims often rely on insurance claims or workers’ compensation to help cover medical costs, lost wages, and other losses.
But getting a fair payout is not always easy.
Many construction accident claims end up getting denied — sometimes for reasons that surprise you. Knowing why claims get denied gives you the power to avoid common mistakes and better protect your rights, as well as your physical, emotional, and financial well-being.
In this article, our construction accident attorneys highlight five of the most frequent reasons construction accident claims get denied and offer practical insight on what you can do if it happens to you.
Understanding Construction Accident Claims
Not every workplace injury on a construction site is treated the same.
A construction accident claim usually occurs when an employee is hurt while working on or around a construction project. These claims are generally filed through workers’ compensation insurance, or in some situations, as personal injury cases against a third party. Typical construction accident cases involve serious injuries related to:
- Falls
- Equipment accidents
- Collapsing structures
- Electrical injuries
- Exposure to toxic substances
The main goal of construction accident injury claims is to recover losses like medical bills, lost pay, rehabilitation costs, and any pain and suffering caused by the accident.
The process (and outcome) depends on careful, thorough documentation and professional legal guidance. Experienced construction accident lawyers can help collect evidence, file paperwork, and negotiate with insurance companies or employers to make sure accident victims get the support they need.
Now, we’d like to explain the most common scenarios as to why construction accident injury claims get denied.
Reason 1: Lack of Evidence or Documentation of the Construction Injury
All personal injury claims are based on sound records, evidence, and documentation of damages. If any records are incomplete or vague, the claim may be denied.
Insurance companies and employers need crystal clear proof that the injury happened at work and is as serious as the victim claims. Without strong evidence, they may try to reduce the claim – or flat out deny it.
Key Evidence Injured Construction Workers Need
Key evidence in construction accident claims should include:
- The immediate accident reports made to your employer or supervisor
- Photos or videos from the accident scene
- Medical records showing diagnosis and treatment
- Witness statements from co-workers or bystanders
- Employment records proving you were scheduled to work
In Chicago and other Midwest cities, many construction sites have surveillance cameras. Ask the respective party for available footage of the construction accident as soon as possible, as these recordings are sometimes erased after a certain amount of time. Next, see your doctor at the earliest convenience after a workplace injury, even if it seems minor at first. Medical visits create records that directly connect your injury to the work accident.
Pro Tip from a Chicago Construction Accident Lawyer
We recommend creating a personal journal after the incident. Record pain levels, doctor visits, missed workdays, and any changes in your ability to do your job or carry out daily activities. This documentation can make a difference if your claim is contested.
Reason 2: Disputes Over Liability for Construction Accident Injuries
In many cases, an employer or insurer will try to deny a claim because they disagree about who caused the accident – and whether it was due to unsafe conditions. In these cases, the focus shifts to liability.
Determining Negligence in Construction Accident Law
Proving liability can be an extremely complicated task on a construction site.
In addition to your direct employer, other companies might be involved — like property owners, contractors, equipment suppliers, or other subcontractors. Each could play a role in causing or failing to prevent the accident. For most workers’ compensation cases, proving fault is not required.
But if you are planning to pursue a third-party lawsuit, it becomes critical to show that someone else’s negligence caused the harm.
How a Chicago Construction Accident Attorney Can Help
When you hire a construction accident lawyer, determining liability will be one of the most important steps in the process. They will work to reconstruct the event, review contracts, and sometimes bring in experts to figure out what (or who) went wrong. Gathering job site safety records, OSHA inspection reports, and maintenance logs can be a key factor in proving liability. Taking these steps early can strengthen your position if liability is disputed.
Reason 3: Missed Deadlines or Filing Errors
Claim deadlines in Illinois, Indiana, and Wisconsin are very strict, but the rules for filing them are not always clear. Missing a deadline — or making a filing mistake — can put your entire claim at serious risk.
Statute of Limitations: The Basics
Every state in the Midwest region sets specific time frames for reporting workplace injuries and filing claims:
- Illinois – Workers’ compensation claims must generally be filed within three years of the accident, or within two years of the last payment of compensation (whichever is later).
- Indiana – The basic deadline is two years from the date of injury.
- Wisconsin – Three years from the injury, or 12 years from the date of the injury or last payment, for most claims.
If you miss these deadlines, your right to recover may be lost, even if your injury is legitimate. Even though you have years to file a claim, we strongly recommend starting the process as quickly as possible. Long delays will only weaken your case.
Proper Claim Filing Steps
- Report the accident or injury to your supervisor immediately.
- Follow up with a written notice describing the incident, and keep a copy for your records.
- Submit all paperwork for insurance or workers’ compensation promptly — do not delay.
- Review each form carefully. If you do not understand any part of the process or documentation, consult a construction accident injury lawyer before submitting to prevent mistakes that could delay or invalidate your claim.
Reason 4: Preexisting Conditions or Incomplete Medical Records
Insurers commonly comb through a victim’s medical history looking for reasons to dispute your injury. If you have preexisting health conditions, or if your medical records are incomplete, they may claim your injury was not caused by the work accident.
They might argue that your symptoms are related to an old injury or a chronic illness, as opposed to the recent workplace incident. This type of claim denial is especially common when medical documentation does not clearly connect the accident to new or worsened symptoms.
Making sure that your doctor carefully documents any changes in your condition after the accident can help avoid this issue.
Importance of Medical Documentation
Even if you have had similar issues before — like a past back injury, for example — it’s still possible to get benefits if a work accident made your condition worse. What matters most is whether your doctor notes a new injury or an aggravation of an old one, directly related to the work accident.
Comprehensive and up-to-date medical records make it much harder for insurers to dispute the cause or severity of your injury.
Advice from a Construction Accident Lawyer in Chicago
After your accident, tell your doctor about all symptoms and describe clearly how the injury happened at work. Make sure your medical records indicate the workplace connection. Review your records for accuracy; if you see problems or missing details, ask your provider to update or clarify the notes.
Bring a list of your job duties and any recent changes in your work conditions to your medical appointments so your provider understands your work environment. Most importantly, keeping copies of all medical correspondence and treatment summaries is the most important thing you can do it support your claim during the review process.
Reason 5: Employer or Insurer Disputes
Some denials happen even when the injury and paperwork seem clear.
Employers and insurers use many different tactics to delay or deny claims. These disputes can happen even in straightforward cases, leaving injured workers frustrated and uncertain. Insurance companies commonly do this in hopes the victim will simply give up – and they don’t have to make large payouts. Understanding the strategies employers and insurers use is very important in countering their objections and securing your rightful benefits.
Employer denial tactics
Common employer actions include:
- Downplaying the seriousness of the injury
- Claiming the accident happened off the job
- Arguing that you were acting outside your job duties
- Delaying the submission of your paperwork to the insurer
In Illinois, Indiana, and Wisconsin, such tactics are not uncommon, especially when a claim could be costly.
Why Professional Legal Help Makes all the Difference
It’s nearly impossible for victims of construction accident injuries to negotiate for fair settlements against insurance companies. Keep in mind, these companies have high-powered legal teams in place to deny or reduce claims. An experienced construction accident attorney can manage these negotiations and fight for the construction accident settlement you deserve.
An attorney also understands the specific laws and procedures that apply to construction accident claims in your state. With their support, you can avoid falling victim to the insurance companies working to minimize your payout – so you can focus on recovery.
Steps to Take After a Claim Denial
A denied claim isn’t the end of your case, trust us. There are clear actions you can take to fight for your rights and benefits.
Don’t panic or give up hope, as many denials can be successfully appealed with the right approach. Staying organized and proactive after a denial can make a significant difference in the outcome of your case.
1. Read the Denial Letter Carefully
The denial notice should explain why your claim was rejected. Read it closely to understand the specific reasons cited. Make note of any deadlines for appealing the decision, as missing them can hurt your case. If any part of the letter is unclear, consider contacting the claims adjuster or your employer for clarification before proceeding.
2. Gather All Relevant Documentation
Collect all paperwork related to your claim, including:
- Accident reports
- Medical records
- Medical expenses
- Witness statements
- Any correspondence with your employer or insurer
Organize these documents in a dedicated folder or digital file for easy access throughout the appeals process. Keeping your records well-organized makes it easier to respond to requests and strengthens your case if further evidence is needed.
3. Request a Written Explanation
If the denial letter is unclear or you suspect a mistake, request a detailed written explanation from your employer or insurance company. A clearly written explanation can help you understand the specific reasons for denial and identify any missing information or misunderstandings. Having this documentation also creates a record that may be useful if you decide to appeal the decision or seek legal help.
As mentioned, be sure to keep copies of all correspondence related to your claim for your records.
4. Correct and Supplement Your Claim
If applicable, address any missing information or errors that contributed to the denial. This might mean getting additional medical documentation, correcting accident reports, or adding statements from witnesses. Double-check that all paperwork is complete, accurate, and submitted to the right parties.
If you’re unsure what’s missing, contact your employer or insurer for specific guidance on what is needed to reconsider your claim.
5. File an Appeal Promptly
Each state has its own process and deadlines for appealing denied claims.
Illinois – you file an Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission and may attend a hearing before an arbitrator.
Indiana – you file an Application for Adjustment of Claim with the Workers’ Compensation Board, which may be followed by a hearing before a single hearing member.
Wisconsin – you can request a hearing with the Department of Workforce Development, where an administrative law judge will review your case.
Begin the appeal process right away to preserve your rights.
Follow the instructions on the denial notice and make sure you meet all deadlines. Gather any additional documentation or evidence that supports your case before submitting your appeal. If possible, consult with a construction accident attorney to help strengthen your appeal and navigate the legal process.
Remember, missing an appeal deadline can permanently bar you from recovering benefits, so act quickly and stay organized.
The Next Step
In the Midwest, state workers’ compensation boards and courts handle claim disputes. Every state has an appeal process, but the steps can feel confusing. An attorney who knows local rules can help challenge denied claims, gather the evidence you need, file appeals on time, and manage a construction accident lawsuit if needed. In some cases, you may have additional rights under state law or union agreements.
If you feel overwhelmed or unsure about your next move, remember you do not have to face the process alone. At Midwest Injury Lawyers, we’ve helped hundreds of injured construction workers across Illinois, Indiana, and Wisconsin earn fair settlements with workers’ compensation benefits – and we’re here to help you, too.
If you’ve been injured in a construction accident and your claim is denied, we’ll help you act quickly — review your paperwork, gather supporting records, and reach out to the appropriate parties. Schedule a FREE consultation today to learn more.