Workers’ compensation usually covers benefits for employee injuries on construction sites. However, an outside party might be responsible for the injury-causing accident. In such cases, workers can often recover damages through a personal injury claim.
Workers need to know when this option is available. The ability to file a personal injury suit alongside or instead of workers’ comp can ensure they can get the highest amount possible for their injuries.
Situations when a worker can file a personal injury claim against a third party
A third party can be responsible for a construction worker’s injuries because of carelessness or even maliciousness. For example, a worker might get hurt because a subcontractor did not follow safety rules. Then, that individual or company might be liable for damages.
Another instance might involve a defective tool or piece of equipment that causes an accident. In that case, the manufacturer or supplier could be responsible.
Similarly, if a property owner fails to maintain a safe work environment and a worker sustains an injury as a result, that owner could be liable. Other accidents, such as falls from heights due to improper scaffolding, electrocutions from faulty wiring or getting struck by falling objects due to inadequate safety measures, can all lead to third-party liability.
Reasons why filing a personal injury claim can be better than only seeking workers’ comp
Filing a personal injury claim may allow the injured person to access a larger sum for compensation. Workers’ comp benefits have maximum payouts of two-thirds of the injured person’s weekly wage. However, personal injury claims have no such limits. These can even permit full compensation for:
- Repairing or replacing damaged property
- Reimbursing lost wages
- Covering diminished earning capacity
- Dealing with psychological harm and mental anguish
A separate suit is also able to hold outside responsible parties accountable for their actions.
An injured person has every right to seek all possible compensation that the law allows. A careful examination of the circumstances can help the individual determine if a third party should assist with the physical, financial and emotional impacts of an injury.