Construction sites are inherently hazardous environments, often involving heavy machinery, precarious structures, and numerous parties working simultaneously. When an accident occurs, it can leave workers severely injured and struggling to make sense of their legal options. While workers' compensation is often the first avenue for recovering damages, it may not address all the financial and emotional losses resulting from a construction accident.

In certain cases, injuries are caused not by the employer but by a third party, such as a subcontractor, equipment manufacturer, or property owner. These situations open the door to third-party liability claims, which can provide injured workers with the comprehensive compensation they need to rebuild their lives.

If you or a loved one has suffered a construction-related injury, understanding third-party liability and how it applies to your case is crucial.

What Is Third-Party Liability?

A third party in a construction accident is anyone other than your employer or coworkers who contributed to the unsafe conditions that caused your injury. Common examples include:

• Subcontractors: A subcontractor failing to adhere to safety standards may create hazards.
• Equipment Manufacturers: Defective or poorly designed tools and machinery can lead to serious accidents.
• Property Owners: A property owner neglecting maintenance responsibilities might contribute to unsafe conditions.
• Drivers: A distracted or negligent driver causing an accident at or near a construction site.

Third-party liability claims allow injured workers to seek compensation beyond what workers' compensation provides. These claims can cover pain and suffering, future lost earnings, emotional distress, and other damages not included under workers' compensation benefits.

Why Consider a Third-Party Claim?

Workers' compensation typically covers medical expenses and a portion of lost wages but does not compensate for non-economic damages, such as pain and suffering or diminished quality of life. Additionally, workers' compensation benefits are often capped, leaving injured workers without enough to cover long-term expenses.

A successful third-party liability claim can close this gap. For instance, you may be able to recover damages for:

• Medical Bills: Including rehabilitation and future medical needs.
• Lost Wages: Covering both past income and projected future losses.
• Pain and Suffering: Compensating for emotional distress, loss of enjoyment, and physical pain.
• Loss of Consortium: If your injury affects your relationships or family life.

Common Scenarios of Third-Party Liability in Construction Accidents

Some of the most frequent examples of third-party negligence on construction sites include:

• Defective Tools or Equipment: A nail gun misfiring due to a manufacturing defect or safety gear that fails to protect as intended.
• Unsafe Property Conditions: A property owner failing to repair a weak scaffold or mark hazardous areas.
• Negligent Subcontractors: Faulty wiring installed by a subcontractor causing a fire or electrocution.
• Traffic Accidents: Drivers negligently entering a construction zone and striking workers or equipment.

Examples of Third-Party Cases We've Handled

At Greenberg & Ruby Injury Attorneys, we've successfully secured life-changing settlements for construction workers injured due to third-party negligence:

$5.5 Million for a Traumatic Brain Injury

A worker fell through a concealed skylight at a construction site, suffering a life-altering traumatic brain injury. Despite the defendants disputing liability, Emily Ruby and her team proved negligence and secured a $5.5 million settlement. The case also addressed the client's wife's claim for loss of consortium, showcasing our firm's commitment to securing justice for injured workers and their families.

$2 Million for a Permanent Eye Injury

After falling on exposed rebar at a construction site, a worker suffered a permanent eye injury caused by unsafe conditions. Greenberg & Ruby demonstrated negligence by the general contractor and secured the maximum insurance policy payout.

Multimillion-Dollar Confidential Settlement for a Scaffold Fall

A worker fell from a poorly maintained scaffold and sustained serious injuries. Despite the defendants denying liability, our firm successfully navigated the case, ensuring substantial compensation for the client.

How to Prove a Third-Party Liability Claim

Building a successful third-party liability claim involves proving the following:

1. Duty of Care: The third party owed you a responsibility to maintain a safe environment or product.
2. Breach of Duty: They failed to uphold that duty, creating hazardous conditions.
3. Causation: Their negligence directly caused your injury.
4. Damages: You suffered measurable losses as a result of the injury.

Why Evidence Is Critical

Thorough documentation is key to proving your case. This includes:

• Photos and Videos: Capturing the accident scene, defective equipment, or unsafe conditions.
• Witness Statements: From coworkers or bystanders who observed the incident.
• Expert Testimony: Professionals who can reconstruct the accident or highlight safety violations.

Prompt action is crucial to preserve evidence and build a strong claim.

How We Can Help

Greenberg & Ruby Injury Attorneys has a 97.4% success rate and a proven track record of obtaining significant compensation for injured workers. Led by Emily Ruby, a 2024 “Best In Law” and 2022 "Women in Law" Award Winner, our team is dedicated to advocating for those injured due to third-party negligence. Emily's training at the prestigious CAALA Trial Academy and recognition as one of Forbes' Best Wrongful Death Lawyers exemplify her commitment to justice.

Take Action Today

If you've been injured in a construction accident, don't wait. Third-party claims are subject to strict deadlines, and building a strong case takes time. Contact our team for a free consultation to discuss your legal options. We'll work tirelessly to ensure you receive the compensation you deserve.