Can You File a Personal Injury Claim If Your Construction Accident Was Caused by a Third Party?
Construction sites can be dangerous, and despite rigorous safety regulations, accidents are an unfortunate reality. Whether it’s a slip and fall, a machinery malfunction, or an injury from faulty equipment, construction workers face many hazards.
However, when a construction accident is caused by the actions of a third party, such as a subcontractor, a property owner, or a manufacturer of defective equipment, the worker may have the right to file a personal injury claim.
In these cases, working with a qualified construction accident attorney is crucial. A skilled attorney can traverse the intricacies of third-party claims and help the injured worker seek the compensation they’re entitled to under the law.
If you’re seeking legal help after a construction accident, reach out to me, Clay Fostel, in Houston, Texas. With years of experience in personal injury law, I can answer any questions you may have and help you submit your accident claim. I’m prepared to guide and assist you every step of the way.
Construction Accidents and Third-Party Involvement
Construction accidents can occur due to several factors, including hazardous work environments, faulty equipment, or human error. Some of the most common construction accidents include:
Falls from heights (such as ladders, scaffolds, and roofs)
Equipment-related injuries (including cranes, power tools, and machinery)
Electrocutions
Falling debris
And vehicle accidents on-site
In many cases, workers are covered under workers' compensation insurance for injuries sustained on the job. However, there are times when an accident is caused by a third party—someone who isn’t directly employed by the worker’s employer. This can include:
Subcontractors who may fail to perform their tasks properly
Product manufacturers whose defective equipment or tools lead to injuries
Property owners who fail to maintain a safe environment
Or other third-party contractors working on the same site who cause or contribute to the accident
When a third party is responsible for a construction accident, workers may have grounds for filing a personal injury claim against that third party in addition to any workers' compensation claims.
Can You File a Personal Injury Claim for a Construction Accident Caused by a Third Party?
Yes, under Texas law, if a third party’s actions or negligence caused your construction accident, you may be able to file a personal injury claim. Unlike workers’ compensation claims, which are limited to specific benefits, a personal injury lawsuit can provide compensation for a broader range of damages.
The key factors for determining whether you can file a third-party claim include:
Liability: You need to prove that the third party’s actions directly caused the accident. For example, if a subcontractor improperly secured scaffolding, resulting in your fall, they could be held liable.
Negligence: To win a third-party personal injury claim, you must prove that the third party acted in a way that is careless, lacking attention, or showing a lack of care or concern. This means showing that the third party owed a duty of care, breached that duty, and caused your injury.
Evidence: You must provide evidence that the third party was at fault. This can include accident reports, eyewitness testimony, photos of the accident scene, professional opinions, and any other relevant documentation.
By filing a personal injury claim against a third party, you may be entitled to a wider range of compensation than what is provided under workers’ compensation. However, proving a third-party claim is more complicated, which is why having an experienced construction accident attorney is essential.
How a Construction Accident Attorney Can Help in Third-Party Claims
A construction accident attorney can be invaluable when pursuing a third-party claim. Here’s how they can help:
Establishing liability: One of the main challenges in third-party claims is proving liability. An experienced construction accident attorney will investigate the accident thoroughly, gather evidence, and consult with professionals to determine who is at fault.
Handling legal intricacies: Texas law regarding personal injury and workers’ compensation can be challenging. A construction accident attorney will work through these legal intricacies to make sure that your case is handled correctly.
Negotiating with insurance companies: Insurance companies often try to minimize payouts in third-party claims. A skilled attorney will fight for your best interests, negotiating on your behalf to seek fair compensation.
Filing the claim: Your attorney will help you file the claim, checking that all deadlines are met and the proper documentation is submitted to strengthen your case.
By leveraging their experience, a construction accident attorney can streamline the legal process, making sure that all aspects of your third-party claim are handled effectively and with the best possible outcome.
Types of Third-Party Construction Accident Claims
There are several types of third-party claims that may arise from construction accidents. Each type has its own set of challenges and legal considerations. Common third-party claims include:
Subcontractor negligence: If a subcontractor’s mistake or oversight causes an accident (such as failure to secure scaffolding or install electrical wiring correctly), the injured worker may have grounds to file a third-party claim.
Product liability: If an injury occurs due to faulty or defective equipment, tools, or machinery (such as a crane malfunctioning or a defective power tool), the manufacturer or distributor of the equipment can be held liable.
Property owner negligence: Property owners are responsible for maintaining a safe work environment. If a property owner fails to address hazardous conditions (like faulty lighting or dangerous walkways), they may be liable for any resulting accidents.
General contractor liability: In some cases, the general contractor overseeing the construction site may be responsible for maintaining safety standards. If they fail to enforce these standards and an accident occurs, they could be held accountable.
Each of these claims requires careful legal analysis, which is why working with a construction accident attorney is critical.
Potential Compensation in Third-Party Construction Accident Claims
If your third-party construction accident claim is successful, you may be entitled to significant compensation. Workers' compensation typically covers only medical bills and a portion of lost wages, so you may need to seek other damages.
According to the Texas Tribune, a third-party personal injury claim can provide compensation for both economic and non-economic damages, such as:
Economic damages: These damages are designed to compensate for financial losses, such as medical bills, rehabilitation costs, lost wages, and future medical expenses.
Non-economic damages: These damages cover intangible losses, including pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability.
Punitive damages: In cases involving gross negligence or intentional harm, punitive damages may be awarded to punish the defendant and deter similar behavior in the future.
A construction accident attorney will help you seek the full compensation you’re entitled to under the law.
Common Challenges in Third-Party Construction Accident Claims
While third-party claims can offer substantial compensation, they also present certain challenges, including:
Proving negligence: It can be difficult to prove that the third party was at fault, especially in complicated construction accidents. An attorney can help collect and present the necessary evidence to prove negligence.
Delays in investigations: Construction accidents often require thorough investigations, which can take time. A construction accident attorney will handle these delays and keep your case moving forward.
Insurance issues: Third-party claims often involve multiple insurance companies. Insurance adjusters may attempt to downplay the severity of the injury or dispute liability. An attorney can deal with these tactics and make sure you receive fair treatment.
By working with an attorney, you can overcome these challenges and build a stronger case.
Reach Out to a Construction Accident Attorney Today
If you’ve been injured on a construction site and you’re in need of a construction accident attorney, contact me for a consultation. Based in Houston, Texas, the Fostel Law Firm serves all of Texas. I'll work hard to protect your rights and help you recover from your injuries. Don’t hesitate to contact me, Attorney Clay Fostel, today.