Accidents on construction sites can lead to serious injuries that disrupt lives. While workers’ compensation offers critical support to injured workers, there are instances where third-party personal injury claims may provide additional compensation. These claims are designed to address the negligence of parties other than your employer, opening the door to fairer recovery for your losses. A Chicago third-party claim personal injury lawyer can make all the difference.
If you’ve been seriously injured on a construction site, our Chicago construction injury lawyers can help you determine if you have a valid third-party claim in addition to your workers’ compensation claim.
Understanding Construction Site Accidents
Construction sites are inherently risky environments. With heavy machinery, hazardous materials, and unpredictable conditions, accidents can happen in an instant. Common construction site injuries include falls, equipment malfunctions, scaffolding failures, electrocutions, or being struck by falling objects.
The Occupational Safety and Health Administration (OSHA) identifies what it calls the “fatal four” leading causes of fatalities on construction sites—falls, being struck by objects, electrocutions, and caught-in or caught-between accidents. Even when employers follow safety regulations, accidents may result from factors beyond their control, often involving third-party negligence.
What Is a Third-Party Claim?
A third-party personal injury claim allows injured workers to recover damages from an entity other than their employer who may have contributed to the accident. This is different from workers’ compensation, which provides benefits regardless of fault but often limits the amount recoverable.
For example, if a piece of equipment malfunctions due to a manufacturing defect, the injured employee might bring a personal injury case against the equipment manufacturer, instead of relying solely on workers’ compensation benefits. This broader avenue of recovery can compensate for pain and suffering, loss of consortium, or other damages that workers’ compensation does not cover.
Who Can Be Held Liable in a Third-Party Claim?
Third-party liability often arises when an individual or organization other than the victim’s employer has contributed to unsafe conditions or directly caused an accident. Potential third parties in construction accidents might include:
- Equipment manufacturers—if a defective machine or tool caused your physical injury
- Subcontractors or vendors—when their negligence compromises job site safety
- Property owners—if the premises were unsafe
- Other drivers—for accidents involving a car accident or heavy machinery mishap
- Engineers or architects—where design flaws or calculation errors lead to hazards
Understanding who is liable involves investigating the accident meticulously. Establishing negligence is key to building a strong claim.
Workers’ Compensation vs. Third-Party Claims
Workers’ compensation is designed to provide quick relief for injured victims of a work-site accident, covering medical expenses and part of lost wages. However, it is a no-fault system, meaning you cannot sue your employer for additional damages like pain and suffering.
A third-party claim fills this gap by holding a negligent third party accountable for the broader impact of your injuries. Combining workers’ compensation and a third-party claim allows you to recover more fully:
- Workers’ compensation covers immediate medical expenses and lost wages.
- Third-party claims can address pain and suffering, emotional distress, and more extensive financial losses.
It’s possible to pursue both simultaneously, but the process can be complex, requiring careful legal assistance.
Steps to Take After a Construction Accident
Protecting your rights starts immediately after an accident occurs. These steps can help preserve a potential third-party claim:
- Seek medical attention: your health comes first; seek treatment immediately and document your injuries thoroughly.
- Report the incident: notify your employer and file a detailed incident report.
- Document the scene: take photos, collect witness information, and save any physical evidence related to the accident.
- Retain all records: keep medical records, correspondence, and receipts for expenses related to the injury.
- Speak with a lawyer: consult with a personal injury law office that can clarify whether a third-party claim is a legal action for you.
Having strong evidence and acting quickly increases the chances of a successful recovery.
How a Lawyer Can Help with Third-Party Claims
Navigating the complexities of a third-party claim requires skill and experience. A personal injury lawyer can evaluate liability for those who suffer injuries by identifying all potentially negligent parties and assessing the strength of your claim. They will collect evidence, often working with experts, to build a strong case that demonstrates negligence and its impact.
Dealing with insurance companies or other attorneys can be stressful, but your lawyer will handle negotiations on your behalf to work toward a fair settlement. They also take care of any legal complexities, such as meeting filing deadlines and following court procedures, ensuring everything is properly managed.
The personal injury lawyers in our law firm offer a free consultation and work on a contingency fee basis, meaning you don’t pay unless we win your case.
How The Kryder Law Group, LLC Accident and Injury Lawyers, Can Help After a Construction Accident
Construction accidents can leave you dealing with mounting medical bills and worried about future medical expenses, lost income, and emotional distress.
While workers’ compensation is vital, a third-party negligence claim may provide the full compensation you deserve. Your attorney will need to prove negligence and identify the responsible party (beyond your employer) to successfully argue your case.
Injured in a construction accident? Consult a personal injury lawyer at The Kryder Law Group, LLC Accident and Injury Lawyers, who will explain your legal options and secure a fair outcome for you.
(312) 223-1700