Construction accidents are frightening affairs. They often involve falls from several stories or injuries caused by heavy equipment. Just about the only saving grace with these types of injuries is that construction companies typically are well-insured. That means if you are injured on the job, you should be covered financially while you are recovering from your injuries.
In some cases, though, you may be eligible to get more compensation than you expect. Third-party liability construction accident claims can potentially give you additional compensation when you need it most to recover from a serious injury.
What Is Third-Party Liability in Construction Accidents?
Nearly all construction accident injuries involve people who are working at the construction site. As a work injury, most construction site injury claims are covered by Pennsylvania workers’ compensation benefits. This means if you are hurt on the job, you receive compensation for your injuries from an insurance policy purchased by your employer.
Sometimes, though, workplace injuries are the fault of some party other than your employer or fellow employees. When a third party is responsible for your injuries, you may be able to take legal action against that party to get additional compensation beyond what you receive from workers’ compensation benefits.
While workers’ compensation should almost always be available after a construction accident, you may be able to get more money from a liable third party.
Why Does Third-Party Liability Matter in Construction Accidents?
Workers’ compensation benefits have strict limits. Injured workers often receive less than their full wages and may even receive less in medical compensation than they are charged. Additionally, workers’ compensation benefits don’t allow workers to get compensation for their pain and suffering in most circumstances.
However, if a third party is liable for your injuries, you can take legal action to get additional compensation. Third parties don’t receive the same protections that your employer has against claims for pain and suffering. Nor are there limits to how much compensation you can receive for economic damages in a third-party claim.
If you are injured in a construction accident, contact Wapner Newman at (800) 529-6600 right away. We can help you determine whether a third party is liable for your injuries.
Who Can You File a Third-Party Claim Against in a Construction Accident?
You can potentially file a third-party claim against any party that was partially or fully responsible for your injuries. The following are some of the usual parties that may be responsible in a construction accident.
Equipment Manufacturers
If defective equipment caused your accident, the manufacturer of that equipment is liable for your injuries. Assuming you can prove the equipment was defective, you should be able to get reasonable damages for pain and suffering as well as unlimited economic damages, which means you should be eligible to get the difference between what workers’ compensation provides for lost wages and your full lost wages.
Property Owners
Typically, the construction company that employs you doesn’t own the site where you are working. If the site is dangerous, you may be able to take legal action against the property owners to get additional compensation. The property owners’ liability depends on whether they were aware or should have been aware of any danger. Also, the property owners typically would not be responsible for any hazards the construction company created after they started working on the site.
Other Parties at the Construction Site
Other parties that are not directly employed by your employer may be present at the construction site. For example, there may be subcontractors working on-site, or a food truck may be present on some days. If these individuals cause an accident, they may be liable, especially if they violated construction site policies.
Third-Party Insurance Claims or Lawsuits Differ From Workers’ Compensation Claims
The process for filing a third-party insurance claim or lawsuit is drastically different from the process for filing a workers’ compensation claim. Trying to file both types of claims at the same time can be very confusing because they involve different deadlines, paperwork, and processes. An experienced attorney will help you navigate both processes simultaneously so you don’t run afoul of problems like the statute of limitations.
Contact a Construction Accident Attorney in Pennsylvania Today
When a third party is liable for your accident, you may be able to get additional compensation for the harm you suffered.
Act quickly to determine whether you are eligible for damages beyond workers’ compensation benefits. Call Wapner Newman at (800) 529-6600 to discuss your legal options.