As a worker injured on a construction site, your first thought may be to seek workers' compensation insurance. This makes sense because workers' compensation does not require you to prove liability on anyone's part for you to get compensated. In some cases, workers' compensation may be your only route for compensation. However, there are also cases where you are free to file a third-party injury claim. Below are some of these cases.
Third-Party Drivers
Auto accidents caused by other parties are some of the accidents that can trigger third-party claims. An example is if your construction site is next to a highway and a truck driver loses control of their rig, crushing into your site and causing you injuries. In such a case, you have the right to file your auto accident claim against the truck driver.
Defective Equipment
In case defective equipment causes you injury, then the person responsible for the defect will be liable for your damages. This may be the manufacturer, marketer earlier, wholesaler of the product, or all of those parties. Say you were working at a construction site, and a defective crane accidental sends something crashing on your leg. Unless your employer is also responsible for the defect, you have the right to file a product liability claim against the liable party.
General Contractor Negligence
As an ordinary worker in a construction site, you can either be hired by a subcontractor or directly by the general contractor. If you were hired by the subcontractor, then you can file your claim against the general contractor if they do something that ends up causing you injury. Say you were working for the subcontractor, but the general contractor failed to keep the construction site safe as prescribed by OSHA (Occupational Safety and Health Administration). You have the right to seek damages directly from the general contractor.
Food Poisoning
Food poisoning is another injury that might trigger third-party injury claims. This is because employers rarely provide lunches or snacks for their workers at construction sites. Therefore, if you suffer a food-related injury, you have the right to pursue your damages against the food supplier. For example, if you ordered food from a nearby restaurant and it delivered contaminated food, the restaurant should compensate your damages if you can prove your claim.
As a victim of a construction accident, you might have a hard time identifying the person liable for your accident due to the many parties involved in a typical construction site. Consult an injury lawyer like Franklin L. Jones, Jr. to analyze the circumstances of your injury and advise you on how to pursue your damages.
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