Construction Site Accidents: Workers’ Rights and Third-Party Liability

If you or anyone else as a worker got injured while working in a construction area, you need to see if your employer holds insurance for worker’s compensation. If your employer carries worker’s compensation insurance, your next step should be to look into any third-party involvement in causing your injuries.

You will be eligible to file a claim against the third party if they are guilty of causing your damage. And they probably won’t have a worker’s compensation bar under your boss’ settlement policy. A personal injury lawyer in Austin can help you understand and file a claim for third-party liability if you are located in Austin. 

Your attorney will always help you investigate the facts to ensure you can legally hold a third party accountable for their negligence. 

Understanding Third-party Liability In A Construction Site Accident

It is necessary for a construction site accident victim to prove the negligence or fault of the other party to prove liability that will provide them with compensation. There should be clear evidence of the other party’s negligence causing the victim’s injury. 

Establishing negligence requires you to show transparent evidence that the party you want compensation from deviated from their required responsibility. And this deviation directly caused your injury. 

Simply put, that party had the responsibility. Still, they were not responsible enough, and their negligence caused the accident, and you got injured.

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Can You Hold A Third-party Liable for A Construction Site Accident?

The answer to this question is yes, you can hold a third party negligent for causing a construction site accident. Usually, workers who receive injuries on a construction site cannot file a claim against their employees because of the workers’ compensation.

Many employers have this workers’ compensation that repays employees for any medical expenses or lost wages because of an injury caused while working on-site. However, employees are usually not allowed to file a claim against their employer while they are linked with a workers’ compensation and receiving benefits from that. 

In case the workers’ compensation does not cover all the damages of a victim, then filing a third-party liability would be the best option. A lot of factors play their role when it comes to causing a construction site accident and proving liability; one of them is third-party negligence. 

Which Third-parties Are Often Sued In Construction Site Incidents?

There are several third parties that are often involved in causing a construction site accident; the following are some of them:

  • Main Contractor

Several levels of contractors and subcontractors are involved in a construction operation. Suppose you are working under a subcontractor while working on a construction site, and you get injured due to the negligence of a main contractor or general contractor. 

In that case, you will be eligible to file a third-party liability claim against that main contractor. 

  • Equipment Manufacturer

Manufacturing companies that manufacture construction equipment are responsible for manufacturing safe and secure equipment. Equipment should be properly constructed, and there should be a perfect and appropriate user manual with required instructions and warnings for any future potential problems.

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Construction site accidents occur due to poorly planned designs, manufacturing flaws, or lack of warnings of potential dangers. And if the accident caused an injury to a worker, he can sue the equipment manufacturer for their negligence and causing him injury.

  • Citizen

Sometimes, a normal person can cause serious injuries, someone who is not even a worker on the construction site or in any way related to the construction site. For instance, if a person is walking near the construction site while smoking a cigarette. 

And he throws a burning cigarette, which causes a fire break in the construction site. This person will be liable for any damages because of his negligence. Another example could be a drunk driver driving near a construction site, losing control of the vehicle, and crashing his car into the construction site. 

Victims will be eligible to hold him liable for causing any damages.

 Common Protection Violations

Safety administration tries their best to keep a check on the safety and security measures of construction sites and workers working there. It also keeps everything in control and encourages construction site employers to put their efforts into keeping their workers safe. Let us look into the common violations:

  • Fall Safety

Fall accidents are very common in the construction industry. It involves elevation from the ground, like working on a roof and working on a building. This elevation above the ground is very dangerous, often causing serious falls and injuries. 

In order to prevent these accidents from happening, employers are required to provide proper instructions and training to safely operate the equipment. 

  • Eye and Face Safety

Wearing goggles and face masks should be the priority while working on a construction site. It is the responsibility of employers and workers to incorporate these safety tools to prevent potential accidents.

  • Machinery and Machine Safety

Construction site equipment is very heavy and requires a lot of precautionary measures and training. Lack of safety measures can cause serious accidents that can even cause deaths.

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