Department of Labor statistics show that workplace fatalities are common in the construction industry. According to the Occupational Safety and Health Administration (OSHA), there were more than 990 workplace fatalities in the construction industry during 2016. Workers who survive construction accidents may suffer brain injuries, spinal cord injuries, broken bones and severe burns.
After a workplace accident, the injured worker or his or her family members may be able to secure workers’ compensation benefits. It is very difficult to file a lawsuit against the injured or deceased worker’s employer. However, there are scenarios where it could be possible for the injured worker or his or her family to file a lawsuit against a third party.
What is a Third Party Claim?
A third party claim may be filed if a construction accident is caused by a party who is not the injured or deceased worker’s employer. Construction accidents where a third party claim can be filed include but are not limited to:
- An accident caused by a worker employed by another company.
- An accident caused by a driver who is not employed by the same company as the injured or deceased worker.
- An accident caused by defective construction equipment.
- An accident caused by a contactor that is not the employer but is responsible for worker safety on the job.
Multiple businesses may work together on a single construction site. Construction workers also use equipment manufactured by other companies. In addition, construction workers may drive equipment to other construction sites or warehouses. Due to the work environment and job duties in the construction industry, there are many reasons why a workplace accident can be caused by a third party.
Unlike workers’ compensation benefits, third party claims allow you to recover compensation for pain and suffering and loss of life’s pleasures. The amount of compensation may be far greater than what would be recovered by workers’ comp benefits alone.
Questions About Third Party Lawsuits? Contact Our Philadelphia Construction Accident Lawyers
The attorneys at Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C. have a proven record of success with construction accident claims. You could speak to one of our Philadelphia construction accident lawyers to determine whether it would be possible to recover compensation after an accident. We offer free consultations.