Many construction workers are direct-hire employees who are eligible for workers’ compensation benefits. If they get hurt on the job, they are eligible for benefits that replace their lost wages and pay for their medical treatment.
Compliance with workers’ compensation rules largely protects employers from worker lawsuits related to on-the-job injuries. However, injured construction professionals may sometimes be able to file lawsuits against third parties for incidents that occur while they work.
What are some of the most common scenarios that lead to third-party litigation after a construction site incident?
1. Falls, dropped items and scaffolding collapses
Under New York’s unique scaffold law, property owners and their agents are directly liable for any gravity-related incidents that occur at a construction site. As such, it may be possible to take legal action against a general contractor or a property owner in response to an on-the-job incident.
2. Defective products
Construction workers rely on powerful machinery and tools to perform their jobs. If those tools malfunction or have defective components, major incidents can occur at construction sites that put workers in the hospital or worse. Manufacturers may be liable when defective products cause serious injuries.
3. Incidents caused by outside professionals
Frequently, construction projects require the work of numerous different professionals from a variety of businesses. If an employee from another company or an independent contractor working on a construction site causes an incident that injures a professional, that individual or their employer may ultimately be liable for the harm caused by the incident.
Recognizing when legal action could be an option can be beneficial for those with losses not fully covered by workers’ compensation. Filing a third-party lawsuit can help injured construction professionals hold the right people and businesses accountable for their injury-related expenses.