Being involved in an accident at a construction site can leave you dealing with physical pain, medical bills, missed work, and uncertainty about who should be held responsible for what happened. Indeed, workers’ compensation may provide benefits for a job-related injury. But it may not be the only legal option available. If an individual or a company, and not your employer, contributed to your accident, there may be other avenues of compensation.
Construction projects often involve contractors, equipment companies, property owners, delivery drivers, and other businesses working alongside employees. If one of these third parties acts negligently and causes an injury, you may be eligible to pursue a separate claim from your workers’ compensation claim. Understanding how third-party liability works can help you recognize potential sources of compensation and protect your legal rights after a serious construction site injury.
What is a Third-Party Construction Injury Claim?
This is a personal injury lawsuit against someone other than the injured worker’s employer. In a construction setting, that could be a contractor, property owner, equipment manufacturer, rental company, delivery driver, or another business whose conduct led to the injury.
Unlike workers’ compensation, which is a no-fault system, a claim against someone other than your employer requires proof of negligence. You generally must show that the individual or business owed a duty which they breached and that their conduct caused legally compensable harm.
In Texas, a worker can pursue workers’ compensation and a personal injury lawsuit at the same time. This can allow you to seek available workers’ compensation benefits while also pursuing compensation from a responsible third party. However, it is crucial to understand how the two claims may interact and how pursuing one may affect the other.
When Might a Contractor Be Liable?
On a multi-company construction site, more than one contractor may be responsible for keeping workers and others safe. A general contractor may face liability even when its own employees did not directly cause the injury. If they controlled site safety, failed to enforce safety rules, or allowed dangerous conditions to continue, their negligence may contribute to an accident.
Subcontractors can also be sued when their work, actions, or equipment causes someone’s injuries. For example, a subcontractor could be responsible if unsafe work practices or improperly operated equipment leads to an accident.
Determining liability after an accident often requires examining who controlled the work area, what safety responsibilities each contractor had, and how the accident happened.
Other Potentially Responsible Parties
Not all construction site injuries are caused by a contractor. Depending on the circumstances, several other parties may need to be investigated.
In Texas, property owners can potentially face premises-liability claims when unsafe conditions on their property cause injuries.
Equipment manufacturers or distributors may be to blame when a defective tool, machine, or safety device causes an injury.
Rental companies can also be sued when equipment they supplied was improperly maintained or otherwise led to the injury.
Delivery drivers can be responsible when negligent driving causes a collision. In some situations, the driver’s employer can also be sued.
Staffing agencies may be another potentially liable party when negligent actions, such as inadequate training or screening, contribute to an injury.
What Evidence Can Support a Claim?
Evidence can disappear quickly after a construction accident. Equipment may be moved, damaged areas may be repaired, and witnesses may leave the project. Preserving information early is therefore important.
Useful evidence may include;
- Photographs of the accident scene, equipment, and visible hazards
- Incident reports
- Witness names and contact information
- Safety inspection records
- Equipment maintenance records
- Safety plans
Contracts between the employer and other companies may also help show which party had responsibility for particular work or safety duties. Medical records are also important because they document the injuries and treatment associated with the accident.
Additionally, if OSHA investigated the incident or issued citations, those records may provide additional information about alleged safety violations. However, a citation does not by itself establish every element of an injury claim. The facts of the case and applicable law still have to be evaluated.
What Should You Do After an Injury?
After suffering an injury in a Texas construction accident, start by reporting the injury to your employer promptly and obtaining appropriate medical care. In Texas, an injured employee generally must report a work-related injury to the employer within 30 days.
If your injuries allow you and if it is safe, take photographs of the scene, your injuries, hazardous conditions, and any equipment that was involved. Preserve documents related to the accident, including medical records, accident reports, witness information, and communications with your employer. Also, write down what happened while your memory is fresh, including who was working nearby and what equipment or conditions were involved.
You should also keep records of medical treatment, expenses, and time missed from work. If another company, contractor, or equipment manufacturer may have contributed to the accident, preserve any information that could help identify that party.
You should also consider speaking with an attorney. An attorney can review the accident, identify potentially responsible third parties, help you gather evidence, and explain your legal options. A skilled lawyer can help you pursue the maximum possible compensation.
Time Limit for Filing a Third-Party Lawsuit
Texas generally gives you two years to bring a personal injury lawsuit, including those that arise from construction accidents. However, certain exceptions can change how the deadline applies.
Because missing a deadline can prevent a lawsuit, you should not wait to contact an attorney to investigate a possible third-party claim.
Talk to a Texas Construction Injury Lawyer
A serious construction accident can leave you facing significant damages and uncertainty about your legal options. If someone other than your employer may have contributed to your injuries, a claim against them could provide another potential source of compensation. Our skilled attorneys at The Law Office of Luis A. Perez, PC, can review the circumstances of your accident, identify potentially responsible parties, gather and preserve important evidence, and explain the claims that may be available to you. We can also help you understand how a third-party lawsuit may interact with workers’ compensation benefits. Do not wait too long to seek legal guidance, as strict deadlines apply to your claim. Contact us today to discuss your case.