When a worker is injured on the job, his first resource for financial reimbursement is workers’ compensation. In collecting workers’ compensation benefits, however, workers give up the right to sue their employers for negligence. The unfortunate truth is, workers’ compensation rarely covers all of the costs associated with a work injury, especially when the injury leads to temporary or permanent disability. However, it is possible that a “third party” like a manufacturer or seller of workplace equipment, a subcontractor or other member of the public may bear some responsibility for your accident and the injuries you sustained. When this is the case, a separate claim — apart from your workers’ compensation claim — may be filed as a means of recovering the full value of your medical bills, lost wages, and out-of-pocket expenses not paid through workers’ compensation. Also, a successful third-party liability claim may cover damages related to pain and suffering, which are not available through workers’ compensation. To explore your legal options, we invite you to take advantage of our firm’s free initial consultation. Call us to schedule a meeting with an experienced work injury lawyer in Ft. Lauderdale as soon as possible.
How do third-party liability claims help injured construction workers?
After suffering a serious or fatal work injury, our firm investigates the accident to determine the cause and identify all liable parties — aside from your employer and co-workers. There can be several individuals named in a third-party liability claim.
Say, for example, a piece of work equipment malfunctions and injures you, the manufacturer or seller of the machinery could be held accountable for your injuries. If the equipment is owned and operated by a subcontractor on the site and an employee of that subcontractor was not operating the equipment properly, then the subcontractor, his employee, and the defective equipment manufacturer may be liable for damages.
Regardless of the workers’ compensation benefits you collect, negligent third parties have a responsibility to compensate you for on-the-job accident injuries and other legal damages. With so many other contractors and subcontractors scurrying around a job site, accidents are bound to happen. And because they don’t employ you, workers’ compensation doesn’t cover third-party malfeasance.
Property owners could become third-party defendants if we can prove they were negligent in providing a reasonably safe work environment, especially if such hazards may have directly contributed to your injury.
Other examples of third-party liability for injuries on a construction site include:
- Creating an unsafe demolition plan or improper disposal of hazardous materials after demolition (such as asbestos).
- Negligence when workers are injured by falling debris.
- Liability against a general contractor for unsafe electricity on a worksite.
- Negligent or careless supervision of working conditions by the general contractor at a construction site.
- Liability against other public utility providers for negligence.
- Transportation companies delivering materials to a construction site.
Do you believe a third party is at fault for your work accident? We can help.
Because construction sites are generally closed to the public, accident scene investigation may be difficult. By their very nature, construction sites can change overnight, so it doesn’t take long for evidence to disappear. Fortunately, with the advent of mobile devices, the window for altering the accident scene is very short, and an experienced construction accident lawyer recognizes other tactics some liable defendants may use to evade liability. Our construction accident lawyers know the investigative steps that must be taken to protect our injured clients’ rights.
The bottom line is that you may have other compensation options in addition to workers’ compensation benefits. Our Ft. Lauderdale work injury lawyers assist you in identifying all likely defendants in your case. Contact the Montero Law Center for a no-cost, no-obligation consultation at 954-767-6500, email info@monterolaw or click here fill out our case evaluation form.