Third-Party Lawsuits: Expanding Your Construction Injury Claim

Construction sites, while symbols of progress, can be hazardous environments. In 2023, construction accidents accounted for nearly 20% of all workplace fatalities in Pennsylvania, highlighting the inherent dangers. When injuries occur, workers’ compensation is often the first recourse. However, it may not fully cover all the damages suffered. This is where third-party lawsuits come into play, offering an avenue to expand your construction injury claim and pursue more comprehensive compensation.

Understanding Third-Party Lawsuits

A third-party lawsuit is a legal claim filed against an entity other than your employer or a fellow employee. It arises when the negligence or wrongdoing of someone else contributes to your injuries. These lawsuits provide an additional avenue for compensation beyond workers’ compensation benefits. While workers’ compensation is a no-fault system, meaning benefits are provided regardless of who was at fault, third-party lawsuits are fault-based and require proving negligence.

Why Consider a Third-Party Claim?

Workers’ compensation typically covers medical expenses and a portion of lost wages. However, it often falls short of compensating for non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. A third-party lawsuit allows you to seek compensation for these additional damages, providing a more complete recovery.

Broader Compensation Options

Third-party claims can provide compensation for:

Medical Bills: Including past, present, and future medical expenses, rehabilitation, and ongoing care.
Lost Wages: Covering both past lost income and projected future losses due to your inability to work.
Pain and Suffering: Compensating for physical pain, emotional distress, and mental anguish caused by the injury.
Loss of Consortium: Addressing the impact of your injuries on your relationships with family members, including loss of companionship and support.
Punitive Damages: In cases where the third party acted with gross negligence or recklessness, punitive damages may be awarded to punish the defendant and deter similar behavior in the future.

Holding Negligent Parties Accountable

Pursuing a third-party lawsuit allows you to hold the responsible parties accountable for their actions and promote safer practices in the construction industry. Establishing negligence can lead to a more substantial settlement and ensure that those who caused your injuries are held responsible.

Who Can Be Held Liable?

Identifying the liable parties in a construction accident can be complex, as multiple entities may be involved in a project. Potential third-party defendants include:

Subcontractors: If a subcontractor’s negligence, such as improper safety procedures or failure to maintain equipment, led to your injury, they can be held liable.
General Contractors: The general contractor overseeing the site may be held accountable for safety violations, failure to enforce safety protocols, or negligent actions that led to the accident.
Property Owners: If the accident occurred on someone else’s property and unsafe conditions contributed to your injury, the property owner may be held accountable.
Equipment Manufacturers: If faulty or defective equipment caused your injury, you might have a claim against the manufacturer.
Equipment Rental Companies: If injuries occur due to defective equipment rented from a third party, the rental company may be liable.
Architects or Engineers: If a flawed design caused harm to a worker, the architect or engineer may be liable for negligence.
Delivery Drivers or Transportation Companies: If an accident involves a delivery truck or vehicle, the driver or transportation company may be liable.
Safety Inspectors or Consultants: If their failure to enforce safety regulations leads to an accident, they may be liable for negligence.

Common Scenarios for Third-Party Lawsuits

Third-party liability cases often arise under the following circumstances:

Defective Tools or Equipment: A nail gun misfiring due to a manufacturing defect or safety gear that fails to protect as intended.
Unsafe Property Conditions: A property owner failing to repair a weak scaffold or mark hazardous areas.
Negligent Subcontractors: Faulty wiring installed by a subcontractor causing a fire or electrocution.
Traffic Accidents: Drivers negligently entering a construction zone and striking workers or equipment.
Falls from Heights: A property owner’s failure to install proper guardrails leads to a serious fall.
Vehicle Collisions: A delivery truck driver negligently causes a crash at the construction site, injuring workers.
Toxic Exposure: Workers exposed to hazardous materials due to a supplier’s negligence.

Proving Negligence

To successfully pursue a third-party lawsuit, you must demonstrate that the third party was negligent. This involves proving the following elements:

Duty of Care: The third party had a legal duty to ensure your safety.
Breach of Duty: The third party breached their duty of care through an act or omission.
Causation: The third party’s breach of duty directly caused your injuries.
Damages: You suffered damages as a result of your injuries, such as medical expenses, lost wages, and pain and suffering.

How to Pursue a Third-Party Lawsuit

Seek Medical Attention: The first and most important step is to seek medical attention immediately after a construction accident.
Report the Accident: Report the accident to your employer as soon as possible to initiate the workers’ compensation claim process.
Gather Evidence: Collect evidence such as photographs of the scene, witness statements, accident reports, and any other relevant documentation. If defective equipment is involved, preserve it for inspection.
Consult with an Attorney: It’s essential to consult with an experienced construction accident attorney who can evaluate your case, identify the liable parties, and guide you through the legal process.
File the Lawsuit: Once you’ve gathered the necessary evidence and worked with your attorney, it’s time to file a lawsuit against the third party.

The Value of a Third-Party Claim

The value of a third-party claim depends on several factors, including the severity of your injuries, the extent of your economic and non-economic damages, and the strength of your negligence case. While the typical third-party lawsuit settlement amount is about $72,000, settlements can range from thousands to millions of dollars.

Factors Affecting Settlement Amounts

Severity of Injury: More severe injuries typically lead to higher settlements.
Medical Expenses: Higher medical expenses generally result in larger settlements.
Lost Wages: Compensation for lost wages and future earning capacity can significantly increase the value of your claim.
Pain and Suffering: Non-economic damages for pain and suffering can substantially impact settlement amounts.
Liability: Clear fault by the third party can result in higher settlement offers.

Navigating the Legal Challenges

Third-party lawsuits often involve complex legal disputes between multiple parties. Some common hurdles include:

Multiple contractors denying responsibility.
Missing or altered site records.
Insurance companies pushing back against large damage awards.
Evidence preservation issues.

An experienced attorney can help you navigate these challenges and build a strong case to maximize your chances of a successful outcome.

Conclusion

Third-party lawsuits offer injured construction workers a valuable opportunity to expand their claims and pursue more comprehensive compensation beyond workers’ compensation benefits. By holding negligent parties accountable and seeking damages for all your losses, you can secure the financial resources needed to rebuild your life and ensure a more secure future. If you’ve been injured in a construction accident, consult with an attorney to explore your options and protect your rights.