Third-Party Liability for a Construction Accident
Posted On behalf of Schmidt Kramer on Sep 15, 2017 in Construction Accidents
In most cases, the only way for a construction worker to recover compensation for an on-the-job injury is to file a workers' compensation claim. However, there are times when a construction worker can file a separate claim against a third party that played a role in the accident.
Below, our trusted construction accident attorneys in Harrisburg list the types of third parties that could be held liable for a construction accident. We also explain how to determine if any of these third parties could be at fault for a construction accident.
Contact us today for a free, no obligation legal consultation to determine all of your legal options after a construction accident.
Third Parties Who Could be at Fault
There are numerous examples of third parties that could potentially be held liable for a construction accident, including:
This includes the manufacturers of any machines or equipment used at the construction site, whether you use them to do your job or to help ensure your safety. If any of these products caused your injury, you may be able to file a product liability claim.
This includes general contractors and subcontractors as both are required to maintain a safe work site that complies with regulations set by the Occupational Safety and Health Administration (OSHA).
Contractors must also take adequate steps to remove any hazards or warn workers about potential dangers. They must also ensure that all of their workers are doing their jobs in a safe manner.
Architects and Engineers
These professionals must ensure that the structures they design meet all safety regulations.
Owners of Construction Sites
The owner of the work site could be held liable for anything that occurs on his or her site. However, things become more complicated if the owner gives control of the site to a contractor or another party. In these cases, it may be difficult to hold the owner responsible for your injury.
How do I Know if a Third Party was Involved in my Accident?
When you contact our firm, there are several factors we will review to help us determine if a third party could be held liable for your injury:
Whether Your Employer Was Involved
If your injury was caused by your employer, we do not have grounds for a third-party claim. We will only be able to pursue compensation through a workers' compensation claim.
If there is reason to suspect another party besides your employer was involved, we may have grounds for a personal injury claim against the other party.
Where the Accident Happened
You may have been in an area controlled by someone other than your employer when your injury occurred. This is why it is crucial to determine precisely where you were when the accident happened.
Equipment You Were Using
We will also try to determine all of the equipment that was in use at the time of the accident. Many parties are involved in designing, manufacturing and selling these pieces of equipment and they could all be held liable if anything is dangerous or fails to work as it should.
In some cases, the equipment was misused by someone else and this person may bear responsibility for your injuries.
Conditions When Your Injury Occurred
If we can identify unsafe or hazardous conditions at the time of the accident, the party responsible for maintaining the site could be held liable. We can carefully review the accident scene to determine if there were any violations of OSHA guidelines at the job site.
Consult Our Seasoned Lawyers Right Away
If you were injured in a construction accident and you think that the owner of the work site, a contractor or another party is at fault, you may be able to file a third party claim to obtain compensation.
We have decades of combined experience fighting for compensation for injury victims, including those injured on construction sites. Schedule a free consultation today to review your situation and find out if we can help you pursue compensation for medical bills and other expenses.
If you have a viable claim and decide to pursue it, we will represent you on a contingency fee basis. This means we charge no upfront fees and there will be no legal fees unless you receive compensation.