Can Third Parties Be Liable for Construction Accidents?
Construction sites are busy, fast-paced environments where serious accidents can happen. While workers’ compensation often provides benefits after a workplace injury, it is not always the only available option. A subcontractor, property owner, equipment manufacturer, or another involved company may also be legally responsible. Understanding third-party liability can help you protect your rights.
After suffering injuries in a construction accident, you may ask yourself, “Can third parties be liable for construction accidents?” because determining who is legally responsible is not always straightforward. That is because construction projects throughout Ohio often involve multiple companies, making it important to identify every possible contributing party. At Charles E. Boyk Law Offices, an attorney can thoroughly investigate each case to determine whether you could have a third-party claim. Speaking with our team is always free and confidential, and you will not pay any fees unless we win your case.
The Difference Between Third-Party Claims and Workers’ Compensation
After a workplace injury, workers’ compensation benefits can help cover your medical bills and replace part of your lost income, regardless of how the accident occurred or who was responsible. While these benefits are important, they do not cover pain and suffering and may not fully address the financial and physical effects of an accident.
A third-party liability claim is a personal injury lawsuit you file against a party other than your employer whose negligence contributed to your damages and injuries from the construction site accident. It is important to understand that workers’ compensation and a third-party lawsuit are two separate legal processes. Pursuing one does not prevent you from pursuing the other, and doing both can make a difference in the support available to you.
Who qualifies as a third party, and how do you know whether you have a claim worth pursuing? That depends on the specific facts of your accident, and an experienced construction accident attorney from our firm can help you with your next steps. Call Charles E. Boyk Law Offices today to learn more.
Who Can Share Liability for a Construction Accident?
Construction sites often involve multiple companies, contractors, vendors, and property owners working simultaneously. That complexity is one of the main reasons for frequent discussions of third-party responsibility in building-site accidents. Any party other than your direct employer who contributed to the dangerous conditions or caused the accident may be a third party.
Some of the parties that may bear legal responsibility include:
- General contractors or subcontractors who created unsafe working conditions or ignored safety protocols
- Equipment or machinery manufacturers whose defective products caused the accident
- Property owners who failed to properly maintain or inspect a worksite before allowing work to begin
- Engineers or architects whose design errors created hazardous conditions for workers
- Delivery companies or commercial drivers who caused an accident on or near the job site
- Maintenance companies responsible for inspecting or servicing equipment that later failed
If scaffolding collapsed due to a manufacturing defect, the manufacturer may face liability separate from your workers’ compensation claim. If a subcontractor ignored safety requirements or a property owner failed to address a known hazard, those parties may also face liability.
Identifying every responsible party is one of the most critical steps in a construction accident claim. Without a thorough investigation, we could miss a liable third party, and you ultimately receive less compensation than you deserve. For this reason, our team conducts detailed investigations into construction accident cases, identifying all parties who may have contributed to what happened and building a strong case on your behalf.
Have you considered whether someone other than your employer may have contributed to your accident? Discuss your situation with an attorney before any deadlines pass. Call our legal team at Charles E. Boyk Law Offices today for a free and confidential case review.
Third-Party Construction Claims Under State Law
The law allows you to pursue third-party personal injury claims alongside your workers’ compensation benefits. The legal time frame starts the day of your accident.
Two separate deadlines apply. You must file a workers’ compensation claim within one year of the accident, while Ohio Revised Code § 2305.10 allows up to two years after the injury occurred to bring a third-party personal injury lawsuit. Missing either deadline can limit or eliminate your ability to pursue compensation for your construction accident damages and injuries from the responsible third party.
It is also important to understand how the state’s comparative fault rules apply to construction accident cases. Under O.R.C. § 2315.33, if a court determines you are partially responsible for the accident, you may receive reduced compensation proportionate to your percentage of fault. Additionally, if you are considered 51 percent or more at fault, you will be barred from recovery. However, if your share of responsibility is 50 percent or less, you can still pursue a claim.
This matters because insurance companies and defense attorneys routinely argue that injured workers failed to follow safety procedures or otherwise contributed to their own injuries, attempting to reduce what the at-fault party must pay. Having a strong legal advocate can help you challenge those claims with solid evidence and protect your case.
Do not let an insurance company convince you that you are more responsible for your accident than you are. If you believe a third party contributed to your injuries and damages, contact us before making any statements to insurers.
What Compensation May Be Available in a Third-Party Construction Claim?
If a third party was at fault and contributed to your construction accident, you may be entitled to a broader range of compensation than you realize. Understanding your options can make a difference in how you and your family move forward.
Through a third-party personal injury claim, an injured construction worker can pursue compensation that includes:
- Current and future medical costs beyond what workers’ compensation covers
- Wages lost during recovery and any lasting reduction in earning ability
- Compensation for the physical pain during and after the accident
- Emotional and psychological impact of the injury
- Loss of quality of life
- Other expenses that workers’ compensation does not address
If you suffered an injury on a construction site, our team can review what happened, identify whether a third party may share responsibility, and explain your options clearly and honestly.
Ready to find out whether a third party may be responsible for your construction accident? Call us at Charles E. Boyk Law Offices today for a free and confidential consultation.
Steps To Take After a Construction Accident
Construction accident scenes can change fast due to repaired equipment, continued worksite operation, misplaced or destroyed records, or losing contact with witnesses. Taking the right steps as soon as possible after your building-site accident can protect your health and your ability to pursue the full compensation you deserve from the liable third party.
Here are some of the most important steps to take. First, you should seek medical attention right away, as seemingly minor injuries could develop into something much more severe.
Next, you should report the accident to your employer or site supervisor as soon as possible, and request a written copy of the incident report. Then, document the scene by photographing the conditions that caused the accident, any defective equipment, and your visible injuries. Afterward, make sure to collect the names and contact information of any witnesses who saw the accident. Also, avoid giving recorded statements to any insurance company before speaking with an attorney. Once that is done, you should contact an attorney as early as possible to preserve evidence and identify every party that may be responsible for your damages and injuries.
At Charles E. Boyk Law Offices, we have helped injured workers throughout the state pursue full compensation, including through third-party personal injury claims. In one case, we secured a $325,000.00 settlement for a client who had to have part of their finger removed as a result of a construction accident. You can read about this case here. Past results do not guarantee future outcomes. Each case depends on its unique facts.
Were you hurt on a construction site? Do not wait to find out what compensation you could receive. Call us at Charles E. Boyk Law Offices today for a free and confidential consultation. We do not expect payment from you unless we win your case.
Speak With a Construction Accident Attorney About Third-Party Liability
If you suffered serious injuries on a construction site, workers’ compensation is not your only option. A third-party claim could award you more compensation for your damages and injuries, including pain and suffering, lost earning capacity, and the emotional toll this accident has taken on you and your family.
At Charles E. Boyk Law Offices, we take construction accident cases seriously and identify every liable third party. We investigate thoroughly and fight hard to get you the outcome you deserve. Acting quickly after a construction accident can be the difference between a strong case and a missed opportunity.
Call our team at Charles E. Boyk Law Offices today to discuss your construction accident claim. You do not pay for our services unless your case has a successful outcome.
