Federal infrastructure bill quietly shields contractors from worker injury lawsuits
H.R. 3548 — Infrastructure Expansion Act of 2025 · Filed by Nicholas Langworthy (R-NY) · 5 cosponsors · Introduced May 21, 2025 · Referred to committee
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What it does
This bill prevents workers and injured parties from suing construction and infrastructure contractors under 'absolute liability' laws (which hold contractors responsible for injuries regardless of worker negligence). Instead, it imposes a 'comparative negligence' standard nationwide for any project receiving federal funding, meaning injured workers must prove the contractor was at fault. The bill also strips state courts of jurisdiction, moving all such cases to federal court. Construction companies and contractors benefit by facing lower liability exposure; injured workers and their families face a higher burden of proof to recover damages.
Why we flagged it
The bill's functional purpose is to reduce legal liability exposure for construction contractors and infrastructure developers on federally funded projects by preempting state absolute-liability laws. Despite the 'Infrastructure Expansion' title, the core mechanism is liability limitation, not infrastructure investment.
What the text implies
- Workers on federally funded projects lose a key legal protection available to workers on non-federal projects, creating a two-tier liability system that disadvantages workers on the largest, most visible infrastructure projects.
- Federal court jurisdiction requirement may increase litigation costs for injured workers, who must now travel to federal court and navigate federal procedure rather than state courts closer to home.
The full analysis lists 5 implications of this text.
Who stands to gain
construction contractors; infrastructure developers; engineering firms