No matter how they occur, construction accidents can be horrific. It’s not uncommon for an accident at a job site to leave a worker with permanent disabilities.
While worker’s compensation is typically the “exclusive remedy” that injured employees have against their employer when it comes to compensation and benefits, workers’ comp may not be nearly enough to provide you – or your family – with the financial security they need to cope with the changes.
That’s where a third-party claim can help. Third-party claims are personal injury claims brought in civil court (outside the worker’s comp system) against any other potential defendant who might be held liable for what happened.
Who is potentially liable for your losses?
Every case is fact-specific, so these are just possibilities, but third-party claims are often pressed against:
- General contractors: The general contractor responsible for overseeing the construction site could be liable if they failed to ensure that safety regulations were followed or made other mistakes.
- Subcontractors: Subcontractors have a duty to exercise reasonable care when they’re on a job site. If they failed to do so – or failed to properly train their own employees – they can be held liable for your losses.
- Property owners: The owner of the property where the construction was taking place may bear some responsibility for your losses through premises liability laws, particularly if they didn’t warn you of a known danger.
- Equipment manufacturers and suppliers: If the equipment you were using was defective or if the manufacturer failed to provide proper instructions or warnings, then you may have a valid claim for your losses against the manufacturer or supplier.
- Architects and engineers: When designs were defective or they failed to properly consider safety concerns during construction, architects and engineers can be subject to injury claims.
Determining liability in a construction accident can be complex, and multiple parties may share responsibility for your accident. Experienced legal guidance can help you make sure that you aren’t leaving money on the table after a construction accident has left you injured.