Construction accidents kill or injure thousands of workers each year. In fact, statistics published by the Occupational Safety and Health Administration (OSHA) suggest that construction is one of the most dangerous industries in the United States.
As a law firm with experience handling work accident claims, we can tell you that many accidents are preventable. Employers and contracting companies make this industry dangerous for workers by failing to provide the proper safety equipment and training. Falls, falling equipment, electrocutions, slippery surfaces, explosions and other hazards routinely injure construction workers.
Parties who may be liable for a construction accident include:
- Construction companies/employers
- Manufacturers of construction equipment
- Other drivers not associated with a company or employer
- Property owners for other companies
- Third-party contracting companies
In many cases, more than one company is active on a construction site. This also causes safety issues, but it can help workers who suffer injuries and need to recover compensation for their damages.
Workers’ compensation is available for Tennessee workers who suffer injuries on the job. However, the availability of workers’ comp also limits employer liability by making it more difficult for workers to file lawsuits against their employers.
Fortunately, there are cases where workers can file a claim against a third party. Construction sites contain multiple companies working alongside each other, so this is an option that may be more accessible for workers in the construction industry.
CAN I FILE A THIRD PARTY CONSTRUCTION ACCIDENT CLAIM?
A “third party” is a party who is not your employer or coworker. For instance, a third party could be the driver of another vehicle, the manufacturer of a piece of defective construction equipment, a property owner, or a contractor working for another company. These parties may also be responsible for construction worker injuries and deaths.
Since these parties are not your employer, it may be possible to file a personal injury claim to recover damages. This option would most likely not be available if your employer caused an accident unless they intentionally caused you harm.
There are benefits to a filing a third party claim. First, you can recover more in compensation than what would have been possible by filing a workers’ comp claim. Third party claims take pain and suffering damages into account. You can also recover compensation from workers’ comp while pursuing a third party claim, although your benefits may be subject to subrogation.