Workers’ comp might not be your only recourse after your construction accident

On Behalf of | Oct 12, 2021 | Workers' Compensation

Construction can be an extremely dangerous industry to work in, with so many different things that can go wrong. Fortunately, if you suffer an injury while on the job, you have the option of filing for workers’ compensation benefits in order to receive the financial support that you need to pay your medical bills and feed your family while you recover from your injury. But it’s possible that you have more options than you realize, and you might be able to recover even more than what your employer’s workers’ compensation insurance plan will pay you.

Third-party claims

Because of workers’ compensation laws, you can’t sue your employer or co-workers for your injury in most cases. This is because your employer pays for workers’ compensation insurance to cover you in case of an accident, and in return your employer gets a certain amount of immunity from employee injury lawsuits.

However, depending on the circumstances surrounding your accident, there might be someone else – other than your employer or co-workers – who was partially or completely responsible for your injury, and who you could sue. This type of suit is called a third-party claim. An experienced attorney can help you to identify if there are any possible third-party claims that you might be able to pursue in your case.

When third-party claims may be necessary

Let’s say that you were fulfilling your usual job duties, when one of the tools you were using malfunctions. Maybe a ladder collapses when it shouldn’t, a power tool malfunctions, or a section of scaffolding breaks, and it results in a debilitating injury that leaves you unable to work for several weeks.

In these cases, you can bring a product liability lawsuit against the manufacturer of the equipment that injured you. If your attorney is able to prove that the equipment didn’t work the way it was supposed to, and that the malfunction was the direct cause of your injuries, you could receive compensation from them in addition to your workers’ compensation benefits.

If you were driving a company vehicle, and someone else’s negligent driving caused an accident, you might be able to pursue a third-party claim against them as well.

A horrendous construction accident can be devastating for both you and your family. If you manage to win a case, you can get the recovery that you need to take care of your family until you are able to return to work.


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