A third-party construction accident claim occurs when a worker is hurt because of someone other than their employer. Understanding what a third-party claim is can open doors to additional compensation beyond workers’ compensation. Knowing your options helps you hold the right parties responsible and get the support you need after an injury.
Examples of Third Party Claims
There are many situations in construction accidents where someone other than your employer may be responsible for your injuries. Below are a few examples.
- Faulty Equipment or Tools: If defective machinery or tools caused your accident, the manufacturer or distributor might be held liable for damages.
- Negligent Contractors or Subcontractors: Other companies working on the site could be responsible if they failed to follow safety standards or caused dangerous conditions.
- Property Owners: Sometimes, the owner of the construction site may be responsible if they neglected upkeep or ignored hazards that led to the accident.
- Design or Engineering Errors: Mistakes in the plans or structures can cause dangerous situations, putting architects or engineers on the hook for injuries.
Knowing which parties may be involved in your accident helps you and your work injury lawyer in LA build a stronger claim. It ensures that everyone responsible is held accountable for the harm you’ve suffered.
Filing Both a Third Party Claim and a Personal Injury Lawsuit
In some cases, injured construction workers can file both a third-party claim and a personal injury lawsuit to seek full compensation for their injuries. Unlike workers’ compensation, which doesn’t require proving fault, a personal injury lawsuit means you must show that someone else’s negligence caused your injury.
However, being able to pursue both claims means you can seek a wider range of damages, improving your chances of fair recovery. Talking with a Los Angeles personal injury lawyer can help you understand how these claims work together and decide the best way to move forward.
Proving Negligence in a Third Party Claim
To successfully pursue a third-party claim in a construction accident, you need to show that the other party acted negligently or was directly responsible for causing the injury.
Proving Negligence
Proving negligence means demonstrating that someone failed to take reasonable care, and that this failure caused the injury. In construction accidents, negligence can appear in many different ways. Identifying exactly how the responsible party fell short is an important part of making your claim. Examples may include:
- Ignoring Equipment Maintenance: When machinery or tools aren’t properly maintained, they can malfunction and cause harm. Showing that regular upkeep was skipped helps establish fault.
- Lack of Safety Training: If workers aren’t trained on how to safely perform tasks or handle equipment, accidents are more likely. Failing to provide this training can be seen as negligence.
- Violating Safety Regulations: Rules set by OSHA or California safety laws are meant to protect workers. Ignoring these standards can be strong evidence of negligence.
- Failure to Address Known Hazards: If dangers were reported but left uncorrected, it shows a disregard for employee safety.
Demonstrating how negligence played a role helps build a case for compensation
Investigating What Happened
Gathering evidence is essential to establish fault. This often means examining the construction site to spot unsafe conditions, looking over records that show whether equipment was properly maintained, and collecting statements from people who witnessed the accident. Video recordings of the incident can also be powerful evidence in proving what took place.
If you have any questions about your work injury claim, contact our construction accident attorney in Los Angeles today to schedule a free consultation.