Construction sites are inherently dangerous, increasing the risk of injury for workers. While injured construction workers in California are entitled to workers’ compensation benefits, victims may also be able to file a third-party construction accident claim. That’s where J&Y Law comes in.

We have extensive experience litigating third-party construction accident claims. Workers’ compensation only provides medical expenses, partial wage replacement, and other benefits that may not cover all the costs of a construction accident. Trust our legal team to get you the maximum compensation you deserve. Contact us today to set up a free consultation.

What Is a Third-Party Construction Accident Claim?

If you have suffered an injury in a construction accident, you are entitled to workers’ comp benefits on a no-fault basis, but you cannot file a lawsuit against your direct employer. However, you may have a valid third-party claim if a person or entity other than your employer was responsible for the accident.

Third-party claims can occur in any workplace when a contractor, vendor, equipment manufacturer, or another third party causes an accident. But they are more common in the construction industry because construction sites are active workplaces that involve many legal entities and workers from different companies.

Depending on the circumstances, a third party at a construction site may be a site owner, general contractor, subcontractor, architect, engineer, equipment manufacturer, or anyone else who was not your direct employer. Common reasons for third-party construction accident claims include:

Defective equipment/tools
Defective stairs/missing or loose handrails
Slip and fall accidents
Electrical hazards
Collapsing trenches, ceilings, and buildings
Fires and explosions
Exposure to toxic fumes or asbestos
Inadequate lighting
Vehicle and equipment defects

It takes a skilled third-party claim injury attorney to identify the responsible party and hold them accountable.

How to Prove a Third-Party Claim

Unlike a workers’ comp claim, a third-party claim requires proving the at-fault person or entity was negligent. In short, you must be able to demonstrate the following:

The defendant owed you a duty of care
The defendant breached their duty
That breach was the direct cause of the accident that resulted in your injuries
You suffered actual damages as a result (e.g. medical expenses, lost wages)

Suppose the site owner violated OSHA rules and failed to make the site safe for workers. You may have a valid third-party claim against the site owner. Similarly, a contractor or subcontractor may be liable for installing defective scaffolding that collapsed on the construction site. Another scenario may involve an injury caused by malfunctioning construction equipment, in which case, the manufacturer may be held liable through a product liability lawsuit.

How J&Y Law Can Help

Workers’ compensation only replaces a portion of your wages, typically two-thirds of your weekly wages. This can make it difficult to pay your living expenses, such as rent, a mortgage, and other bills. What happens if you can no longer perform construction work? You might lose hundreds of thousands of dollars or more in future earnings.

Workers’ comp will also cover your medical expenses, but what if you suffer a permanent disability? How will you pay for all your future medical and financial needs? With so much at stake, you need powerful legal representation. When you meet with us, we will:

Investigate the construction site
Interview witnesses, including coworkers, site owners, general contractors, and others
Identify the responsible party
Handle all communications with the defendant, their attorneys, and insurers
Work to obtain a fair and just settlement

Although negotiations can settle third-party construction accident claims, we will take your case to trial to achieve the best possible outcome.

Recoverable Damages in a Third-Party Construction Accident Claim

Again, workers’ compensation benefits are limited to your medical expenses related to the work injury, partial replacement of lost wages, and other benefits for permanent injuries. A successful third-party construction accident claim can recover compensation not covered by workers’ comp, such as:

Lost wages and future income above what workers’ compensation covers
Replacement services if the injury has affected your ability to maintain your home or care for your children
Modifications to your home or vehicle to accommodate a permanent injury
Pain and suffering
Emotional distress
Loss of enjoyment of life
Loss of consortium

Depending on the circumstances, a third-party claim can mean the difference between getting limited workers’ comp benefits and obtaining the maximum compensation you deserve. You can depend on J&Y Law to provide aggressive representation and protect your rights.

Contact an Experienced California Third-Party Construction Accident Attorney

Construction workers have a right to a safe work environment. When the negligence of a third party causes an accident, injury victims deserve just compensation. The sooner you contact us, the sooner we can start working on your claim.