Who Can I Sue if I Get Injured in a Construction Accident?

If you are a worker who was made the victim of a construction accident, it may have been caused by more than one safety failure. Otherwise, it may have involved more than one company, or multiple insurance policies are applicable. This is why, if you are considering pursuing legal action, you may be confused as to what kind and against whom. As a common rule of thumb, if a party violated Occupational Safety and Health Administration (OSHA) regulations, they are likely the individual(s) you need to go after. Nonetheless, please continue reading to learn who you can sue for your injuries and damages, and how one of the experienced Monmouth County construction accident attorneys at Wilton Law Firm can help you file the right claim against the appropriate party.

What party can I possibly sue if I get injured in a construction accident?

In essence, a construction site consists of many layers of responsibility. For example, a general contractor may manage the site, while a subcontractor is in charge of performing specialized tasks. Then, a property owner may be responsible for safety conditions on the site, and outside vendors may be hired to supply the necessary equipment and materials. All of this to say, your injury may have been caused by one or more parties other than your direct employer. Below is guidance on whom you may sue, given the exemplary construction accident:

• You may sue a general contractor if they pressured you and other workers to rush, work too much overtime, work without taking breaks, etc.
• You may sue a subcontractor if they left debris in walkways, operated machinery carelessly, dropped materials from overhead without warning, etc.
• You may sue a property owner if there was a known hazard on their premises (i.e., unsafe stairs, poor lighting, etc.) and they failed to fix it promptly.
• You may sue an equipment manufacturer if a machine had a design flaw or a reported malfunctioning tendency and they failed to warn and recall it promptly.

What kind of claim should I file after my construction accident?

Once you identify the negligent party in your construction accident, it may be easier to settle on what kind of claim to pursue against them. Well, first of all, as a construction worker who was injured on the job, it is almost always the case that you can file a workers’ compensation claim. Here, your employer does not have to be the at-fault party, as you are not technically suing them. Rather, this is a no-fault insurance system that covers the cost of your medical bills and part of your lost wages associated with your accident.

There is usually an exclusive remedy rule within a workers’ compensation insurance policy that prevents you from suing your employer for negligence in a separate personal injury claim. However, if you believe another party was liable (i.e., a contractor, subcontractor, property owner, or equipment manufacturer), you may simultaneously pursue a third-party claim. If successful, you may recover additional damages, such as physical pain and emotional suffering, that workers’ compensation is unlikely to cover.

If you are ready to step foot into this legal path, do not do so until you have retained one of the skilled Monmouth County personal injury attorneys from the Wilton Law Firm. We look forward to your phone call and to taking on your case.