In some cases, you may be able to file a lawsuit against a third party for your injuries.
The world of construction can be a dangerous one, with high risk equipment, heavy machinery and the potential for falls from high places. In most cases, a worker who is injured at a construction site is only entitled to receive workers’ compensation benefits, which may include medical treatment and payment for lost wages and disability. Recovering through the workers’ compensation system is the only recourse for most workers, as they cannot typically file a lawsuit against their employer for injuries suffered at work. However, in some situations, it may be possible to file a lawsuit against a third party who may be responsible for a construction worker’s injuries.
Liability for Construction Accidents
As a general rule, construction accidents are covered through the workers’ compensation system. There are some cases where the injured worker is not limited to workers’ comp, however, such as if intentional or gross misconduct led to the injury, or if a defective product caused the accident. In those situations, a worker should consult with an experienced construction injury attorney to evaluate the case for other potential responsible parties. This type of lawsuit is known as a third-party claim, because it is a lawsuit for a workplace injury caused by someone other than your employer.
One of the most common types of third party lawsuits are those for injuries caused by a defective product. If a product was improperly manufactured or designed or if the manufacturer didn’t provide adequate warnings about its use, then the manufacturer, seller, or distributor may be liable for injuries that result from its use. For example, imagine that workers are required to wear safety harnesses before being hoisted into the air to perform work. If those safety harnesses fail — perhaps because they were poorly designed, the fabric was defective, or because the manufacturer didn’t specify a weight limit — then the workers could potentially sue the company who made, sold, or distributed the harnesses for their injuries as a result. Similarly, if a ladder collapsed on a construction site due to a manufacturing defect, then any injured workers may be able to sue based on product liability theory.
Another type of third party claim could involve a party that was responsible for a safe worksite and failed to ensure that the worksite was safe. For example, if a worker is employed by an electrical company that has been hired by a general contractor to install wiring at a construction site, then that general contractor may be liable if the worker is injured because there were unsafe conditions at the worksite, such as improperly constructed stairs that caused a worker to fall.
Because of the nature of the construction business, accidents on construction sites often involve very serious injuries. Damages could include significant medical bills, lost wages, pain and suffering and loss of future earning potential (which could be a high figure if a skilled construction worker is no longer able to work in his or her chosen field because of the injuries suffered in the accident).
If you have been hurt in any type of construction accident, contact the Law Offices of Larry H. Parker today at 800-333-0000 or info@larryhparker.com. We will handle both the workers’ compensation aspect of your case as well as any potential claims against third parties, including for defective products. Our experienced construction accident attorneys will thoroughly investigate the facts of your case to determine all potential sources of compensation for your injuries and will vigorously pursue a settlement or award. Initial consultations are always free!
