While most construction injuries are addressed via workers’ compensation, certain accidents may be actionable as third-party liability claims.
Unlike workers’ compensation, which only covers direct economic losses, a third-party claim can potentially include damages for pain and suffering, future earnings and emotional distress. Understanding which types of construction accidents are actionable as third-party claims can empower construction workers to pursue maximum compensation following devastating work injuries.
Accidents caused by defective machinery or tools
Construction sites are inherently dangerous environments, with workers exposed to significant risks, such as:
- Heavy machinery
- Working from great heights
- Hazardous materials
- Unstable structures
Suppose construction equipment, tools or machinery malfunctions due to a manufacturing defect or poor design. In that case, a third-party liability claim can be filed against the manufacturer or distributor of the defective product. For instance, if a worker is injured because of a defective forklift or a power tool that malfunctions during use, they might be able to sue the equipment manufacturer for damages.
Injuries due to unsafe property conditions
Construction sites are often located on property owned by individuals or companies who are not the direct employers of the workers. Suppose the property owner has failed to maintain safe conditions or failed to address hazards that led to an injury. In that case, the injured worker has the liberty to pursue a third-party liability claim against the property owner. For example, if a worker falls into an unmarked or uncovered pit on the property, the property owner could be liable for the resulting injuries.
Accidents involving subcontractors
Construction projects often involve multiple subcontractors working alongside each other. Suppose an accident occurs due to the negligence of a subcontractor who is not the direct employer of the injured worker; the injured worker can choose to pursue a third-party claim against the subcontractor in question. For example, if an electrician is injured because of poor scaffolding setup by another subcontractor, the injured party might file a claim against that subcontractor for damages.
Workers who believe their injury involves third-party liability should consult an experienced legal team for proper guidance. By assessing the details of the incident and identifying all liable parties, the right legal team can guide injured workers in pursuing the full compensation they deserve.