To file a third-party claim after a construction accident, you'll need to:
- Identify potentially liable parties,
- Gather evidence,
- Consult with an experienced attorney, and
- Initiate legal action against the third party.
This process is separate from filing a workers' compensation claim and requires proving that the third party's negligence caused your injuries, in which victims may be entitled compensation through a personal injury lawsuit.
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What is a Third-Party Construction Accident Claim?
A third-party claim is a legal action against a party other than your employer that may be responsible for your injury. Unlike the limited scope of workers' compensation, which provides basic benefits regardless of fault, third-party claims allow you to hold negligent parties fully accountable for their actions or omissions that led to your injury.
Third-party claims provide crucial advantages over workers' compensation:
- Coverage for all medical treatments, not just those approved by workers' comp
- Complete wage replacement instead of partial benefits
- Compensation for your physical pain and emotional trauma
- Damages for diminished quality of life and future limitations
- No predetermined payment caps that might limit your recovery
What Are the Steps to File a Third-Party Claim?
Filing a third-party claim after a construction accident involves several critical steps:
- Identify Potential Third-Party Defendants
Determine which parties, other than your employer, may be liable for your injuries. This could include property owners, general contractors, subcontractors, equipment manufacturers, or other parties whose negligence contributed to your accident.
- Gather Evidence
Collect evidence to support your claim against the third party. This may include accident reports, witness statements, photographs of the accident scene and your injuries, safety records, and any other relevant documentation.
- Consult with an Attorney
Contact an experienced construction accident attorney who can evaluate your case and determine if you have a valid third-party claim. Your attorney will help you identify all potential defendants and develop a strong legal strategy.
- Investigate and Build Your Case
Your attorney will conduct a thorough investigation to gather additional evidence, interview witnesses, and consult with experts to build a strong case against the third party. This may involve obtaining safety records, incident reports, and expert testimony to establish liability and the extent of your damages.
- File a Third-Party Claim or Lawsuit
Your attorney will file a third-party claim or lawsuit against the liable party or parties. This legal action is separate from your workers' compensation claim and seeks additional compensation for your injuries and damages.
- Engage in Settlement Negotiations
Your attorney will handle negotiations with the third party's insurance company, working to secure a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages. If a settlement cannot be reached, your case may proceed to trial.
- Litigate Your Case
If necessary, your attorney will represent you in court, presenting evidence and arguments to prove the third party's liability and the extent of your damages. They will fight to secure the maximum compensation you deserve for your injuries.
Remember, the specific steps and timeline for filing a third-party claim may vary depending on the circumstances of your accident and the laws in your jurisdiction. An experienced construction accident attorney can provide personalized guidance and support throughout the process, ensuring your rights are protected every step of the way.
Who Can You Sue in a Third-Party Construction Claim?
Several parties may be liable in a construction accident, such as:
Property Owners
Under Section 200 of the NY Labor Law, property owners bear fundamental responsibility for maintaining safe premises for all construction workers. This means if you're injured because of dangerous site conditions - like unstable flooring, inadequate lighting, or unmarked hazards - the owner may be liable even if they weren't directly supervising the work.
Their duty extends beyond mere maintenance to ensuring the entire worksite meets basic safety standards.
General Contractors
General contractors serve as the primary safety coordinators on construction sites, with comprehensive responsibilities that affect every worker's well-being. When a general contractor fails to properly coordinate different trades working in the same area, doesn't ensure adequate fall protection, or allows unsafe practices to continue, they create dangerous conditions that often lead to serious injuries.
Their liability stems from their unique position of control and their ability to prevent accidents through proper oversight.
Equipment Manufacturers
Manufacturers have an absolute duty to produce safe products in tools and equipment as well as to warn about potential hazards. When equipment fails despite proper use - whether it's a defective power tool, faulty safety harness, or compromised scaffolding component - manufacturers face strict liability for resulting injuries.
This responsibility extends throughout the product's lifetime, requiring ongoing safety monitoring and prompt response to identified hazards.
Subcontractors
Modern construction sites often involve multiple specialized contractors working near one another, each with distinct safety obligations. A plumbing contractor who creates tripping hazards, an electrical contractor who leaves exposed wiring, or a demolition contractor who generates excessive debris can all be held liable when their negligence causes injury to other workers.
Their duty of care extends beyond their own employees to anyone who might reasonably be affected by their work.
Are You Eligible To File a Third-Party Claim?
While workers' compensation covers most workplace accidents, third-party claims arise when someone other than your employer creates dangerous conditions or fails to maintain safety standards.
To determine if you're eligible for a third-party claim, consider these common scenarios:
- A defective tool, machine, or vehicle caused your injury
- You were exposed to toxic substances due to a subcontractor's negligence
- The property owner's failure to repair hazards led to your accident
- You were struck by a passing vehicle in a work zone
- A subcontractor's employee caused your injury
If any of these situations apply to you, consult with an experienced construction accident attorney to evaluate your potential claim.
Temporary Staffing Agencies and Host Employers
For temporary workers, the legal landscape offers additional protections. OSHA guidelines establish joint responsibility between staffing agencies and host employers, creating multiple avenues for recovery after an injury. This dual responsibility means both entities must actively participate in workplace safety, including:
- Conducting thorough workplace hazard assessments
- Providing comprehensive safety training specific to job duties
- Maintaining open communication channels about safety concerns
- Responding promptly to reported hazards or incidents
- Ensuring proper safety equipment availability and use
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What Compensation Can You Recover Through a Third-Party Claim?
Third-party claims allow you to recover broader compensation than workers' compensation, covering both economic and non-economic damages. These include costs for ongoing rehabilitation, specialized equipment, emotional trauma, and other expenses necessary for a full recovery.
Here are some of the types of compensation you can pursue:
| Compensation | Description |
| Hospital and Surgery Costs | These include emergency room visits, surgeries, and overnight stays. |
| Rehabilitation and Physical Therapy | Injuries from construction accidents often require weeks or months of therapy to regain full function. |
| Medication and Medical Devices | Costs for prescription medications, braces, crutches, or other medical equipment that help in recovery. |
| Ongoing and Long-Term Care | For severe injuries that require extended care, such as physical rehabilitation or at-home medical support. |
| Psychological and Emotional Support | Accidents can also lead to PTSD, anxiety, or depression. Therapy costs can be included in your claim as well. |
| Pain and Suffering | Non-economic damages, such as emotional distress and loss of enjoyment of life, can also be included in a third-party claim. Workers’ compensation does not provide for these kinds of damages, making a third-party claim vital in serious cases. |
Get the Help You Need After a Construction Accident
You shouldn't have to bear the burden of someone else's negligence. If you've been injured in a construction accident, contact the Porter Law Group today for a no-obligation consultation at our toll-free number 833-PORTER9, or email info@porterlawteam.com to schedule your free case review.
The process of proving liability and negotiating with insurance companies can be daunting, especially when you're up against experienced insurance adjusters.
Our expert construction accident attorneys have the knowledge and experience to guide you through the process of filing a third-party claim and fighting for the compensation you deserve, allowing you or a loved one to focus on recovery.You don't have to pay any fees unless we win your case.
Let us help you protect your rights and secure the justice you deserve.
