Madison Construction Worker Injury Lawyer
A construction worker hurt on a Madison job site is often covered by two separate systems at once, and the choices made in the first few weeks can affect both. Workers’ compensation pays medical care and part of your lost wages regardless of who was at fault, but it does not cover everything, and it is not the only source of recovery when a subcontractor, equipment maker, or negligent driver played a role. Lunsford, Baskin & Priebe PLLC is a workers’ compensation law firm that represents injured workers across Mississippi and Louisiana, and a Madison construction worker injury lawyer from our firm handles both the comp claim and any outside claim so the two do not undercut each other.
Madison County has seen steady commercial and residential building for years, from subdivisions and retail centers to road work and large-scale development along the corridors that tie Madison, Ridgeland, and Canton to Jackson. That activity puts framers, roofers, ironworkers, equipment operators, electricians, and general laborers on sites where falls, struck-by incidents, crush injuries, and repetitive-strain damage are part of the work. When one of those workers goes down, the insurer’s first questions are rarely about care. They are about whether the injury happened at work, whether it was already there, and how quickly the worker can be sent back.
Why Choose Lunsford, Baskin & Priebe for a Madison Construction Injury Claim
We represent injured workers in Madison and throughout Mississippi, along with the Gulf Coast, Hattiesburg, Southaven, the Delta, and south Louisiana communities from New Orleans to Baton Rouge, Lafayette, Lake Charles, and Shreveport. Clients are never billed up front: consultations are free, the firm advances the costs of the case, and fees are collected only if benefits or a settlement are recovered. Phones are answered 24 hours a day, and we speak Spanish, which matters on job sites where many crew members work in it every day.
The people handling your file matter. Rob Lunsford, Founding Partner, has spent his entire legal career representing injured workers. Partners Brad Baskin and Jennifer Priebe have been recognized by Best Lawyers, Super Lawyers, and The National Trial Lawyers, and the firm was ranked by Best Law Firms in 2026 for Workers’ Compensation Law, Claimants, in Jackson. Andrew Rueff has tried dozens of jury and bench trials to verdict and regularly appears before the Mississippi Workers’ Compensation Commission, and attorneys Keaton Belk and Erin Heimlicher round out the team.
The results reflect the kinds of injuries construction work produces. The firm secured $600,000 for a construction worker with a complex back injury and $685,000 for a surgical tech with a lower back injury. It recovered $385,000 for a project manager injured when his work vehicle was struck, and $221,000 for a land-based oil rig worker with severe burns. Across all clients, the firm has recovered more than $100 million in settlements. Clients consistently describe being listened to, kept informed, and backed up against the insurance company.
Injuries and Claim Types That Come Out of Madison Construction Work
- Back, Neck, and Spine Injuries: Lifting, bending, and awkward carrying produce lumbar and cervical disc herniations. Insurers frequently blame degenerative disc disease, so the claim depends on medical evidence showing that years of heavy work or a specific incident caused or worsened the condition.
- Shoulder and Knee Injuries: Overhead work, pulling, and kneeling on uneven ground lead to rotator cuff tears, SLAP tears, ACL tears, and meniscus tears. Employers sometimes call these old sports injuries, which makes work history and imaging central to the case.
- Fractures: Falls from scaffolding, ladders, and roofs, or being caught by equipment, break feet, ankles, hips, and other bones. These often require specialist care and surgical repair, with long recovery periods and questions about permanent limitations.
- Burns and Catastrophic Injuries: Electrical contact, hot materials, and industrial incidents can cause severe burns and life-altering harm, raising permanent disability and lifetime medical care questions.
- Struck-By and Vehicle Incidents: Workers hit by moving equipment, falling materials, or a negligent driver while traveling between sites may have a comp claim plus a separate injury claim against the responsible outside party.
- Third-Party Liability Claims: When a subcontractor from another company, a general contractor with unsafe site conditions, or a defective tool or machine contributed, an outside claim can recover damages that comp does not pay.
- Wrongful Death: When a job site accident is fatal, family members may pursue death benefits through comp and, depending on the facts, a separate claim against a non-employer party.
What to Do After a Construction Injury in Madison County
Get medical care first and tell the provider the injury happened at work, so the record ties the condition to the job from the beginning. Then report the injury to your employer. Mississippi gives you 30 days from the accident to give notice, and it is better to do it in writing the same day or the next, keeping a copy. Do not wait to see whether the pain fades. Delayed reporting is one of the easiest arguments an insurer can make.
The filing deadline is separate from the notice deadline. In Mississippi, if no disability benefits have been paid within two years of the injury, the right to benefits is generally barred unless a claim is filed with the Mississippi Workers’ Compensation Commission within that time. The claim is made by a Petition to Controvert, and the two years can run from the injury date or from the last compensation payment. Mississippi comp covers you from your first day on the job, with no waiting period, so a new hire is not excluded. Workers hurt across the state line in Louisiana face different timing: notice within 30 days and a formal claim generally within one year.
Document everything while memories are fresh. Photograph the site, the equipment, and your injuries. Write down who was present and who saw what happened, and keep a record of every appointment, work restriction, and missed shift. Do not give a recorded statement to the insurance adjuster before you understand how it may be used, and do not sign releases that reach beyond the injury at issue. Be careful about returning to work earlier than your doctor allows, since an insurer may later claim you were fully capable.
Mississippi workers’ compensation claims are heard by the Commission rather than a court. Cases are decided at an evidentiary hearing before an Administrative Judge, and a party who disagrees can seek review by the Full Commission, which examines the record already made rather than holding a new trial. A final award can then be appealed to the Mississippi Supreme Court within 30 days of its filing and notification to the parties, and that court may assign the case to the Mississippi Court of Appeals. Those appeals are decided on the record built before the Commission, which is why the evidence gathered early matters so much.
How Wage Benefits and Third-Party Claims Work Together
Mississippi wage-loss benefits for total disability, whether temporary or permanent, are generally two-thirds of your average weekly wage, up to a statutory weekly maximum and not to exceed 450 weeks. Permanent partial disability payments in cases not covered by the specific schedule are also capped at 450 weeks. For a construction worker whose pay included overtime, per diem, or irregular hours, the average weekly wage calculation can be contested, and an error there reduces every check for the life of the claim.
Comp is a no-fault system, which means it generally does not pay for pain and suffering. If someone other than your employer caused the accident, such as a negligent driver, an unsafe contractor, or a manufacturer of defective equipment, you may have an injury claim that can. Mississippi follows pure comparative negligence, so your own share of fault reduces a recovery rather than eliminating it. The two claims interact, because the comp carrier may have a right to be reimbursed from an outside recovery, so they need to be managed together. Our personal injury work across car and truck accidents, premises liability, and wrongful death is part of why we can coordinate both.
Questions Madison Construction Workers Ask About Injury Claims
How long do I have to report a construction injury in Mississippi?
You should notify your employer within 30 days of the accident. Doing it immediately and in writing is far safer, because a late report gives the insurer an argument that the injury did not happen at work or was not serious.
How long do I have to file a workers’ compensation claim?
Generally two years from the date of injury or the last compensation payment, by filing a Petition to Controvert with the Mississippi Workers’ Compensation Commission. If benefits were never paid in that window and no claim was filed, the right to benefits can be lost.
Am I covered if I was hurt on my first day?
Yes. Mississippi coverage begins on the first day of employment, with no waiting period or minimum earnings requirement, as long as the employer is one required to carry coverage.
What does workers’ compensation pay?
It pays reasonable and necessary medical treatment and a portion of lost wages, generally two-thirds of your average weekly wage up to a weekly maximum, plus additional benefits for permanent disability. It generally does not pay for pain and suffering.
Can I sue my employer for a construction accident?
In most cases workers’ compensation is the exclusive remedy against your own employer. However, a party other than your employer, such as another contractor or an equipment manufacturer, may be liable in a separate injury claim.
My employer says I was hurt because I broke a safety rule. Is my claim over?
Not automatically. Comp is a no-fault system, so a worker’s mistake does not by itself defeat a claim. Disputes about misconduct and safety rules do arise, which is a good reason to speak with an attorney before giving a statement.
What if the insurer says my back injury is just degenerative?
A pre-existing condition does not end a claim. If your job caused, worsened, or accelerated it, you may still be entitled to benefits. Answering this argument with strong medical evidence and work history is a regular part of what we do.
I work for a subcontractor on a site run by a general contractor. Whose insurance covers me?
Generally your own employer’s comp carrier is responsible, though the general contractor’s role can create additional questions and sometimes additional claims. Sorting out who employed you and who controlled the site is worth doing early.
Can I be fired for filing a claim?
Mississippi and Louisiana both protect workers from retaliation for filing a comp claim. If you were let go or punished after reporting an injury, tell us during your consultation so we can review your options.
If I was partly at fault for the accident, can I still recover on an outside claim?
In Mississippi, yes. Pure comparative negligence reduces your recovery by your percentage of fault rather than barring it. Louisiana follows a different rule for newer claims, so where the accident happened matters.
Is a lawyer worth it if my claim has not been denied?
If your benefits are delayed, reduced, or cut off, or if you expect to be out of work a long time, an attorney can make a real difference. With no fee unless we recover and free consultations, there is little cost to finding out where you stand.
Do you represent undocumented or Spanish-speaking workers?
We speak Spanish, and Spanish-speaking clients can work with our team in their own language from the first call to the end of the case.
Serving Injured Construction Workers Across Madison County and Beyond
Our work starts in Madison and extends through the communities of Madison County, including Ridgeland, Canton, Flora, Gluckstadt, and Livingston, and the building corridors that run toward Jackson. From there we represent injured workers in nearby Rankin and Hinds counties, and across Mississippi in Hattiesburg, Southaven, the Gulf Coast, north Mississippi, and the Delta. Construction workers often travel from site to site, so a Madison resident may be hurt anywhere, and we handle claims wherever the work took you.
Because many construction employers and insurers operate in both states, we also represent workers in Louisiana, including New Orleans, Baton Rouge, Lafayette, Lake Charles, Shreveport, and communities throughout south and north Louisiana. Whichever state your claim belongs in, the same team handles the comp case and any outside injury claim connected to it.
Talk to a Madison Construction Injury Attorney Today
If you were hurt on a construction site, you do not have to manage the insurance company and the paperwork while recovering. A Madison construction injury attorney at Lunsford, Baskin & Priebe can review what happened, explain which deadlines apply, and tell you whether there is a claim beyond workers’ compensation. Our phones are answered 24 hours a day, consultations are free, and you pay no fee unless we recover benefits for you. Call us today to talk through your situation.
