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Construction Accidents and the Role of Third-Party Liability


Constructions sites are inherently dangerous and most workers in this industry are acutely aware of the importance safety plays in preventing serious accidents and injuries. However, accidents will still happen and, when they do occur, the results tend to be severe. Additionally, these injuries do not always fall under workers’ compensation. While you cannot sue your employer for injuries sustained on-the-job, it is possible to bring a third-party claim against another person or entity who was totally or partially to blame for the incident. Unlike a workers’ compensation claim, this would allow you to also recover non-economic damages, such as pain and suffering.

Common Examples of Third-Party Claims

A third-party claim can be against any party or business that might have contributed to your injuries. If successful in both your workers’ compensation claim and your third-party claim, you can reap the benefits of both.

Below is a list of some of the most common situations wherein a third-party claim may be possible:

  • A civilian driver was driving negligently and collided into you while you were driving a construction vehicle for work, resulting in injuries. In this case, you could file a lawsuit against the driver.
  • The equipment or part of the equipment you used was defective or faulty and resulted in an accident that caused serious injuries. In this case, you could file a claim against the equipment’s manufacturer.
  • You were operating under a subcontractor who was working for a general contractor that acted negligently on-the-job, causing you harm. In this case, you could file a claim against the general contractor.

These are just a few examples in which you might be able to file a third-party claim in addition to a workers’ compensation claim if you are injured in a construction accident while performing your job duties.

Other common situations that might warrant a third-party claim include:

  • Dangerous stairs or missing handrails
  • Collapsing buildings
  • Insufficient lighting
  • Exposure to toxic substances
  • High levels of lead
  • Slip and fall accidents

What Should I Do Next?

If you are injured in an accident on a construction site, there are a number of steps you should take to protect your health and well-being and to ensure you are in compliance with the law.

Some of the most important steps you should take in the aftermath of a construction site accident include:

  • Contact emergency services if the injury is severe and if anyone else is hurt.
  • If possible, try to document the details of the scene. Take photos, talk to witnesses, and write down names and contact information.
  • Report the injury and file the proper paperwork for your workers’ compensation claim. It is important not to postpone this step.
  • Since the accident also involved the negligent actions of a third-party, you must also begin filing a claim to maximize compensation.

Contact a Knowledgeable Construction Site Accident Attorney Today!

Generally, workplace accidents fall under workers’ compensation. However, if your accident was caused by a third-party, you can also file a personal injury lawsuit against the person or entity who was responsible for it. At the Law Offices of Charles R. Gueli in Nassau County, our personal injury attorney has over 25 years of experience in the field and is backed by a history of success.

Begin filing your lawsuit today and contact us at (516) 628-6402 to schedule a complimentary case review with our compassionate attorney! You will not owe us any legal fees until we win your case.

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