When a third party is potentially liable for construction injuries

 Posted on October 10, 2024 in Uncategorized

Construction sites are inherently dangerous environments. As a result, workers and bystanders can be hurt when on these sites, regardless of whether all required safety measures are in place. When a worker is injured on a construction site, the immediate assumption is often that their employer is responsible for the harm at issue. However, there are situations where a third party – someone other than a worker’s employer – may be held liable for the injuries that a worker or bystander has sustained. 

Accurately assessing construction accident liability can allow an injured worker to pursue compensation beyond what is available via workers’ compensation. This process can also allow injured bystanders to pursue personal injury damages in much the same way that they would if their harm had been caused by a negligent driver or medical professional. 

Who is potentially to blame?

Third parties that may ultimately cause harm on construction sites can include contractors, subcontractors, equipment manufacturers, property owners or even delivery companies. In a busy, complex construction environment, the conduct of many different entities can impact operations on the ground. When one of these entities acts negligently or fails to follow safety protocols, they may be held liable if their actions directly cause someone physical harm.

For example, if a subcontractor fails to properly secure scaffolding, and a worker from a different company is injured as a result, the subcontractor could be liable for harm resulting from their actions. Similarly, if defective equipment or machinery causes an accident, the manufacturer of that equipment may be responsible for damages resulting from any harm that the company has caused.

It’s worth underscoring that when a worker is injured on the job, their primary source of compensation is typically provided by state-mandated workers’ compensation coverage. However, third-party liability allows injured workers to pursue compensation above and beyond the (relatively) limited benefits provided by workers’ comp. For example, those affected can seek non-economic damages – for pain and suffering, for example – from a negligent third party in ways that aren’t permitted by the state’s workers’ comp system. 

Third-party liability is a complex subject. Therefore, it is generally wise not to pursue compensation in this way until an injured individual has clarified their circumstances by seeking personalized legal guidance and support.