It might seem obvious after a construction site accident – file a workers’ compensation claim and that’s it. However, a workers’ compensation claim may not fully protect your legal right to full and fair compensation after a construction site accident.
Generally speaking, an injured worker is prohibited from filing any type of private lawsuit in addition to filing a workers’ compensation claim. However, construction site accidents are one category of accident where that prohibition does not always hold true.
If an individual or a company other than the company that employs the injured worker was fully or partly responsible for causing the accident, then the injured worker may be able to file a private lawsuit against that person. This legal concept is known as third-party liability.
Examples of construction site accidents in which the injured worker may have the right to file a third-party liability claim include:
- Another subcontractor on the site fails to install proper safety and warning signs, leading to a serious trip and fall accident
- Another subcontractor hires a worker without sufficient experience, and that worker injures another by performing sub-par work
- A worker is seriously injured in a fall due to defective fall prevention safety equipment
- One worker is assaulted by another worker who was hired without a basic background check, which would have revealed multiple felony convictions for violence at the workplace
- A construction site worker is injured by a forklift driven by an operator without minimum training
If you are being asked to work on a construction site with known safety hazards, you may want to consider filing a safety complaint with the Occupational Safety and Health Administration (OSHA).
If, however, you have already been injured on a construction site, then it is highly advisable to seek advice from experienced personal injury lawyers.
Contact Shaffer & Gaier
To set up a free initial consultation with knowledgeable personal injury attorneys after a construction site accident, contact our office online, call our Philadelphia office location at 215-751-0100, or call our New Jersey office at 856-429-0970.
