Construction is one of the most dangerous places to work, with injuries causing severe trauma or death. Even if workers’ compensation may compensate for injuries at the workplace, third-party liability is involved in certain cases that could influence the amount of compensation drastically.
If you’ve been in such an accident, it helps to get in touch with a construction accident attorney in your area.
What is Third-Party Liability?
Third-party liability is when a third party other than the employer or fellow workers is liable for an accident on a construction site. The injured worker can sue the third party for negligence, and this may result in higher compensation.
Typical third parties who can be held liable for construction accidents are:
- Equipment manufacturers
- Subcontractors
- Property owners
- General contractors
- Architects or engineers
- Other contractors or vendors on the site
These parties may be held accountable for unsafe work conditions, defective equipment, or failure to adhere to safety regulations.
When Does Third-Party Liability Apply?
Third-party liability may apply in construction accidents in various circumstances, such as:
1. Defective Products or Equipment
If faulty equipment or machinery leads to an injury at a construction site, the manufacturer or distributor of such equipment can be held accountable. A broken ladder, faulty scaffolding, or defective power tools can result in severe accidents, and the manufacturer is liable for compensation.
2. Negligence of a Subcontractor or Other Contractor
If a subcontractor ignores safety procedures or is the cause of unsafe working conditions, their negligence could be at least a contributing factor in the accident. For instance, if a subcontractor installs scaffolding incorrectly, resulting in a fall, they might be held responsible for the injury.
3. Property Owner’s Negligence
In certain instances, the owner of the property can be held liable for an accident if they do not supply a safe working environment. For instance, if a property owner does not keep the site in good condition or disregards dangerous conditions.
4. Faulty Design or Engineering
When there is an injury that happens as a result of bad design or engineering, the site architects, engineers, or design companies may be held liable. Defective blueprints or unsafe structural designs can cause accidents that injure construction workers.
Benefits of Pursuing Third-Party Liability Claims
Third-party claim suits offer builders a chance for greater compensation than through workers’ compensation alone. A third-party lawsuit, as opposed to workers’ compensation that pays for typically medical bills only and part of the wages lost, could see other awards granted, like:
- Pain and suffering
- Emotional distress
- Full reimbursement of medical costs
- Loss of enjoyment of life
How a Construction Accident Attorney Can Help
A construction accident lawyer is key to determining when third-party liability will apply to your claim. They are able to assist:
- Examine the conditions leading to the accident and determine third parties that might be at fault for the injury
- Document evidence, including witness accounts, equipment inspection records, and reports of safety violations
- Negotiate with insurance carriers and third parties to recover a reasonable settlement
- Advocate for you in court if the matter proceeds to trial
A qualified attorney ensures that all aspects of your claim are handled professionally, maximizing your chances of receiving full compensation.
Conclusion
Third-party liability is an important aspect of construction accident claims, providing victims with the opportunity to seek further compensation outside of workers’ compensation. From defective machinery to subcontractor negligence or property owner liability, third-party claims can be invaluable for workers seriously injured on the job.
