Two claims, not one
Workers' compensation covers your medical care and a portion of lost wages regardless of fault, but it generally bars you from suing your employer. It does not bar a claim against someone else whose negligence caused the injury — a subcontractor, a property owner, an equipment manufacturer, or a careless driver on the site. Those third-party claims can reach damages workers' comp does not, including pain and suffering.
Paul M. Marriett looks at both tracks so nothing available to you is left on the table.
Falls, struck-by, and equipment
Falls from height, being struck by falling material or equipment, trench and scaffold failures, and machinery injuries are among the most serious on any site. Safety regulations frequently bear on who is responsible, and preserving the scene and the equipment early can be decisive.
Who might be responsible beyond your employer
A construction site is rarely one company. On a typical job, several businesses share the space, and any of them may bear responsibility for an injury:
- A general contractor or another subcontractor whose crew created the hazard;
- The property owner, for dangerous conditions on the site;
- An equipment manufacturer, when a tool or machine was defective;
- A careless driver operating on or around the site.
Because workers' compensation generally bars a claim against your own employer, identifying a responsible third party is often what opens the door to full compensation.
Why the third-party claim matters
Workers' compensation is important, but it is limited: it pays for medical care and a portion of lost wages, and nothing for the pain and the disruption a serious injury causes. A third-party claim can reach what comp cannot, including:
- The full extent of lost wages and lost earning capacity;
- Pain, suffering, and the effect on your daily life;
- Future medical care the injury will require.
Paul M. Marriett looks at both the comp claim and any third-party claim together, so the two work in tandem rather than one shortchanging the other.
Preserve the scene and act early
Job sites change fast. Equipment gets repaired or returned, conditions are cleaned up, and crews move on. Safety regulations frequently bear on who was responsible, but proving a violation depends on evidence that may not survive long. Getting an attorney involved early helps preserve the scene, the equipment, and the witness accounts before they are gone.
What a case costs
Cases like this are handled on a contingency-fee basis: no hourly bills, and the attorney fee comes out of any recovery. Clients may be responsible for litigation costs and expenses regardless of outcome — Paul M. Marriett explains exactly how that works, in writing, before you sign anything.
Frequently asked questions
Can I sue my employer for a construction injury?
Usually not directly — workers' compensation is generally your exclusive remedy against your employer. But you may have a separate third-party claim against another party whose negligence caused the injury.
What is a third-party claim?
It is a claim against someone other than your employer — a subcontractor, property owner, equipment manufacturer, or driver — whose negligence contributed to your injury. It can reach damages workers' compensation does not.
Do I have to choose between workers' comp and a lawsuit?
No. You can pursue a workers' compensation claim and a third-party claim at the same time. They cover different things, and handled together they work in tandem.
What does a third-party claim recover that workers' comp does not?
Workers' comp pays medical care and a portion of lost wages. A third-party claim can add full lost earnings and earning capacity, future medical care, and pain and suffering — categories comp does not cover.
How long do I have to file after a construction injury?
Workers' compensation and third-party claims have different deadlines, and evidence on a job site can disappear quickly. It is best to talk with an attorney soon so neither track is compromised.
How much does it cost to hire Paul for a construction accident case?
These cases are handled on a contingency-fee basis: no hourly bills, and the attorney fee comes out of any recovery. Clients may be responsible for litigation costs regardless of outcome, and Paul explains exactly how that works, in writing, before you sign.