Federal bill would strip stronger state injury protections from construction workers

What does this do?

HR 3548 would end absolute liability standards for worker injuries on construction projects receiving federal money, tax breaks, or permits, replacing them with comparative negligence. Under comparative negligence, courts would consider whether an injured worker contributed to their own injury, such as by ignoring safety training, refusing provided equipment, or working while impaired. The bill would move these cases from state courts to federal courts and override conflicting state laws, effective for projects accepting federal assistance starting January 1, 2026.

Who does it affect?

Construction workers injured on federally funded infrastructure projects like highways, bridges, airports, and buildings are directly affected, as are the property owners and contractors working on those same projects. States that currently have stronger absolute liability protections for workers would lose the ability to enforce those protections on federally funded projects.

Why does it matter?

Workers in states with absolute liability laws would have reduced legal standing after an injury on a federally funded project, since a court could reduce or limit their recovery based on their own share of fault. Property owners and contractors on federally funded projects would face a generally lower level of legal liability than they currently do in states with absolute liability rules.

Where does it stand?