Third-party liability in construction accidents happens when someone other than your employer is responsible for your injury at work. This could be a subcontractor or a company that makes equipment. It’s different from workers’ compensation, where you don’t need to prove anyone did anything wrong. When you file a third-party claim, you must also prove that someone else’s negligence directly caused your injury.
Because of this, third-party claims can be more difficult. However, they also offer potential benefits. You can seek compensation for damages that workers’ compensation doesn’t cover, such as pain and suffering or full recovery of lost wages.
Who could be liable?
In construction accidents, several parties might be at fault, depending on the specific circumstances of the incident. These can include:
- Subcontractors: They could be responsible if their actions or failure to follow safety protocols caused your injury.
- Equipment manufacturers: If a defective tool or machine hurt you, the company that designed, manufactured or sold it might be liable for your injuries.
- Property owners: The person or entity who owns the construction site could be at fault if they failed to maintain safe premises or failed to warn about known hazards.
- Architects and engineers: They might be responsible if errors in their designs or calculations led to an unsafe condition that caused an accident.
Construction accident cases often involve multiple parties, making them legally complex. If you’re unsure about who caused your injury or what steps to take next, seeking professional legal advice may be necessary.
Proving negligence is key
When you file a third-party claim, you need to prove that the third party was negligent. This means that they failed to exercise reasonable care, resulting in your injury. A case typically needs to show the following elements:
- Duty: The third party had a responsibility to ensure a safe environment or provide safe equipment.
- Breach: They failed to fulfill this duty through action or inaction.
- Causation: Their failure directly led to your injury.
- Damages: You suffered actual harm or losses as a result.
Proving these elements often requires thorough investigation, expert testimony and careful documentation of the accident and its aftermath.
Seek the clarity you need
It’s natural to feel uncertain about what to do after a construction accident. However, you deserve to make informed decisions about your future. If you’re struggling to understand your situation or feeling overwhelmed by the process, consider talking to an attorney.