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Why some people file third-party claims after a construction injury

On Behalf of | Mar 15, 2024 | Construction Accidents

Construction work is relatively dangerous. There are many factors that contribute to the likelihood of workers getting hurt or dying on the job. Exposure to temporary electrical supply and the need to install wiring is one risk factor. Doing work at a significant elevation, even on the roof of a one-story building, is another concern. Construction workers often die and get hurt because of falls. The presence of power tools and heavy machinery can contribute to injury risk. Trenches or working below-grade could also endanger construction professionals.

Those involved in an incident while working in the construction sector may have grounds to take legal action in some cases. For example, it is sometimes possible to take action against a third party who may have contributed to a construction incident that led to injury or death.

Workers shouldn’t have to accept losses caused by another party

There are systems in place to protect employed individuals from financial devastation that might ultimately be the fault of another party. For example, those who are direct employees of construction companies may qualify for workers’ compensation benefits.

While some construction professionals qualify for workers’ compensation benefits, there are limits to that coverage. Independent contractors usually do not qualify, and disability pay will likely fall far short of covering a construction professional’s lost wages. Workers’ compensation laws generally prevent employees from suing their employers, but they can sometimes take legal action against third parties. Filing a personal injury lawsuit can allow a victim to hold a business or individual accountable for a situation where a worker experiences major financial losses.

When is a third party potentially culpable?

There are several scenarios that might lead to third-party liability for a construction incident. Defective tools and construction materials might lead to a claim against a manufacturer or supplier. Incidents triggered by a car crash could lead to lawsuits against a driver or a company if the driver was on the job when the crash occurred. Even improper maintenance of a property or non-disclosure of known issues with a building could lead to lawsuits against a third party.

Identifying who might be liable for a construction incident can potentially help people seek compensation for work-related injuries. Construction professionals who understand liability rules may have an easier time standing up for themselves after they get hurt on the job.