How Can I File a Third-Party Claim After a Construction Accident?

Construction sites can be bustling environments filled with heavy machinery, various tradespeople, and numerous safety hazards. Unfortunately, accidents can and do happen, often resulting in serious injuries.

You may be entitled to compensation through a third-party claim if you’ve suffered an injury on a construction site. A personal injury attorney who regularly handles construction accident cases can provide quality representation to reach the most beneficial outcome on your behalf.

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Understanding Construction Accidents

Construction accidents encompass a wide variety of incidents that occur on construction sites. Construction zones are inherently dangerous places, and accidents are bound to happen. These accidents can happen in a split second, often resulting in lasting consequences for victims.

How Do Construction Accidents Happen?

Construction accidents occur for many different reasons. According to the Occupational Health and Safety Administration (OSHA), the four most common causes of injuries and death on construction sites include:

• Falls: Falls, including slips and falls and falls from heights, are the top causes of construction site accidents.
• Caught-in or between: This includes injuries caused by being caught in machinery or between heavy objects.
• Struck-by objects: Workers can be injured or killed by falling or moving objects, including tools or materials.
• Electrocution: This involves contact with live wires or equipment that results in serious injury.

Along with these four top causes, other causes of construction accidents include:

• Faulty equipment
• Unsafe work conditions
• Inadequate training
• Environmental hazards
• Lack of personal protective equipment (PPE)
• Overexertion

When you’re interested in pursuing a third-party claim for a construction accident, it’s essential to understand what caused the incident to determine liability.

Injuries Resulting from Construction Accidents

Construction accidents can result in a wide range of injuries, depending on the specifics of the incident. Some of the injuries construction workers most often suffer include:

• Broken bones
• Sprains and strains
• Lacerations
• Burns
• Head and brain injuries
• Back and spinal cord injuries
• Crush injuries

Injuries from construction site accidents can also result in serious long-term consequences, including paralysis, brain damage, and amputations. Construction accident injuries don’t just affect victims physically and mentally, but they can also have a profound financial impact.

What is a Third-Party Claim?

A third-party claim occurs when an injured worker seeks compensation from a party other than their employer. In many cases, workers’ compensation provides benefits for on-the-job injuries, but it doesn’t always provide sufficient financial help. If another party’s negligence contributed to your accident, you can pursue a third-party claim against the individual or entity.

How Third-Party Claims Differ from Workers’ Compensation Claims

Construction workers injured on the job typically qualify for workers’ compensation insurance benefits. This is not the same as a third-party claim.

Workers’ compensation is a no-fault system that provides certain benefits when a worker suffers an injury on the job, including compensation for medical expenses, lost income, and rehabilitation, regardless of who was at fault. Employers who offer workers’ compensation insurance receive protection from liability, and injured workers don’t have to go through litigation to obtain financial recovery.

On the other hand, a third-party claim is a lawsuit filed against a party responsible for the worker’s accident and injuries. By filing a third-party claim, workers can seek compensation for economic losses, like medical expenses and lost income, as well as non-economic damages that are not available under workers’ compensation, pain and suffering, and emotional distress.

Not all injured construction workers can file third-party claims, as it highly depends on the circumstances. Still, if you suffered an injury on a construction site, it is worth discussing your case with a personal injury attorney to determine whether you have a valid claim.

Identifying Potential Third Parties

In the construction industry, several parties can be liable for an accident based on the situation. Potential third parties that can be at fault include:

• General contractors: They may be liable if the general contractor fails to maintain a safe working environment.
• Subcontractors: Subcontractors are often negligent while on the job, which can open them up to liability.
• Manufacturers: The manufacturer may be held responsible if faulty equipment or materials caused your injury.
• Property owners: Property owners who neglect safety standards may be liable.
• Equipment rental companies: If a piece of equipment was defective or improperly maintained, the company that provided the rental can share responsibility.
• Design professionals: Architects or engineers whose designs contributed to unsafe conditions can be held accountable.

To have a strong third-party claim, you must know which party’s actions contributed to your accident and show how their negligence resulted in your injuries and losses.

Gathering Evidence

Successful third-party claims require substantial evidence. Evidence most often used in these cases includes:

Accident Reports

If your employer filed an accident report, obtain a copy. This document provides an official account of what happened and may include pertinent details.

Medical Records

Keep thorough records of all medical treatments, diagnoses, and bills. These documents demonstrate the extent of your injuries and the costs incurred.

Witness Statements

Gather statements from coworkers or bystanders who witnessed the accident. Their accounts can provide critical evidence supporting your claim.

Photographs and Videos

If available, photos and videos of the accident scene, including any equipment involved, safety hazards, and your injuries, can be beneficial and strengthen your claim.

Safety Violations

Document any safety violations or OSHA citations related to your accident. These can bolster your claim by demonstrating negligence.

Equipment Maintenance Records

If faulty equipment contributed to your injury, obtain maintenance records to show the equipment’s condition before the accident.

Investigation

Your attorney will thoroughly investigate your accident, collect evidence, interview witnesses, and possibly engage experts to establish liability. The investigation process is crucial for your personal injury lawyer to fully understand the specifics of your case and strategize for your claim.

Determine the Value of Your Claim

Your attorney will calculate the potential value of your claim, considering medical expenses, lost earnings, pain and suffering, and any other present and future applicable damages.

To assign a monetary value to your claim, your construction accident lawyer will evaluate numerous details that influence damages, including:

• The severity of your injuries
• The total cost of your medical expenses
• Whether you’re disabled as a result of your injuries
• How many days you’ve missed from work
• Whether you’ll be able to return to work in the future, and if so, to what capacity
• How your accident and injuries have affected you mentally and emotionally
• The impact of your injuries on your day-to-day life

Understanding how much your claim is worth is essential to ensure you seek adequate compensation.

Drafting and Filing the Complaint

Initiating a lawsuit requires drafting and filing a complaint. This document outlines the details of your case, and the relief sought, which, in this case, is money. Filing the complaint formally begins your lawsuit.

Serving the Defendants

After filing, the defendants must be notified of the impending lawsuit. This process, known as “service of process,” ensures that the defendants receive copies of court documents, making them aware of the claims against them.

Once defendants receive notification of the lawsuit, they have a short period (typically 21 to 30 days) to file a response to your complaint in court.

Discovery

During the discovery process, parties have the opportunity to request and obtain evidence and information from each other. Certain legal tools, such as depositions, interrogatories, and requests for production, are beneficial in discovery.

Attorneys usually spend the most time in this phase of the litigation process. Discovery allows your construction accident lawyer to build and strengthen your claim.

Negotiations and Settlement Talks

Many third-party claims are settled out of court. Your attorney will negotiate with the defendants to reach a fair settlement. The negotiation process can take time, so it’s essential to remain patient. You can trust your lawyer will represent your best interests throughout the process to achieve the best possible result.

Trial

Although settlement is the goal, opposing parties are not always cooperative, making settlement difficult. Your case may go to trial if a settlement cannot be reached.

Both sides will present their cases with evidence and witnesses during the trial, and a judge or jury will determine the outcome. An experienced attorney is crucial to argue your case and reach a favorable outcome effectively.

Time Limits for Third-Party Actions

When filing a civil case, like a third-party construction accident claim, there is limited time to do so. Statutes of limitations restrict the time allowed for plaintiffs to file their legal claims in court.

Statutes of limitations vary by state, but many states only allow two to three years from the date of the accident. Failing to file within this timeframe can result in losing your right to seek compensation.

Hiring an attorney soon after your construction accident helps ensure your case is handled properly and the statute of limitations deadline is not missed. This gives your lawyer sufficient time to handle all pre-lawsuit steps and file your claim in court.

What To Do After a Construction Accident

What you do after a construction accident can have an impact on your rights and future third-party claims. Protect yourself by taking the following steps:

Seek Medical Attention Immediately

A construction accident can take a serious toll on your health and well-being. Therefore, you should delay seeking medical attention, especially for serious, life-threatening injuries.

Even if you believe you’ve walked away unharmed or your injuries aren’t severe, it is still best to go to the emergency room or visit your doctor for a thorough examination. Your injuries may be more extensive than you think, and getting a full workup complete with diagnostic tests can give you clarity on your physical state and allow you to begin your recovery quicker.

Report Your Accident to Your Employer

You can file a workers’ compensation claim for your injuries, depending on the circumstances. To do so, you must report your accident to your employer or supervisor as soon as possible. Waiting to do so can negatively impact your claim and the benefits you’re entitled to receive.

Delaying reporting your injury can also affect your third-party claim. As soon as you’re able, tell your employer what happened to get started on your insurance claim and produce a record for your lawsuit.

Begin Collecting Evidence and Documentation

If possible, start gathering relevant evidence and documentation. Anything you obtain can play a role in your claim, from photos and videos to witness contact information. Additionally, write down all important details that you remember about your accident, as your recollection can have an impact on your case, and your memories may begin to fade quickly.

Discuss the Situation with an Attorney

Proper legal guidance can make all the difference when pursuing compensation in a third-party claim. Consulting with a lawyer can help ensure your questions and concerns are addressed, you receive the support you need, and you understand what’s to come for your case.

Follow Through with Medical Treatment

You may need to continue receiving treatment for your injuries throughout your case. It’s critical to follow through with your treatment, not only for your physical health but also for the sake of your medical records. Medical documentation has a notable impact on construction accident claims, and the stronger and more complete your records, the more this can help in your pursuit of fair compensation.

Seek Legal Representation or Your Third-Party Construction Accident Claim

Filing a third-party claim after a construction accident can be a complex and challenging process, but it is essential on your journey to obtaining the compensation you deserve. Fortunately, you don’t have to take on your case alone. An experienced personal injury attorney can be your ally during your legal battle.

After suffering injuries due to a construction site accident, consult with a lawyer right away. With the right legal support, you can better navigate your claim while also being able to focus on your recovery. A skilled attorney can help you take significant steps toward securing your future.

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