How to Pursue a Construction Accident Lawsuit

Both construction workers and passersby can be injured or killed in construction site accidents. According to the U.S. Bureau of Labor Statistics, 1,066 construction and extraction workers were killed while working in 2019 alone. Workers who are injured while working at construction sites might be entitled to receive workers’ compensation benefits from their employers, but they may not be able to file a construction accident lawsuit against them. However, workers who are injured while working on construction sites might have the right to file personal injury claims against negligent third parties who contributed to their accidents’ causes. In addition, passersby who are injured may have the right to pursue compensation from the negligent parties that caused their accidents and injuries. To learn more about pursuing these types of claims in Massachusetts, please scroll down.

Filing a Construction Accident Lawsuit and a Workers’ Comp Claim

Construction companies are required to carry workers’ compensation insurance to protect their employees when they are injured on the job. Injured employees do not have to prove that their employers were negligent to recover workers’ comp benefits. However, the tradeoff for having the availability of workers’ compensation benefits is that employees cannot sue their employers for workplace injuries.

If you have suffered serious injuries, workers’ compensation may not be sufficient to adequately protect you and your family from economic hardship. However, if a third party working on the construction site negligently caused your accident and injuries, you may be able to file a workers’ compensation claim with your employer and a construction accident lawsuit against the third party that caused your accident.

When Can Construction Workers Sue Employers for Construction Site Accidents?

Some employers fail to carry workers’ compensation insurance despite the law. In that situation, injured employees are allowed to file lawsuits against them to recover compensation for their economic and non-economic losses. A personal injury lawsuit typically allows workers to recover more compensation than they might recover from workers’ compensation benefits.

Another exception to the prohibition against filing a construction accident lawsuit against your employer occurs when your accident happened because your employer violated certain OSHA safety regulations and deliberately engaged in serious misconduct. For example, if you fell from an elevated height when your employer refused to comply with the scaffolding and fall protection rules, you might be able to seek additional damages.

Claims Against Third Parties and Claims Made by Injured Passersby

Construction sites often have employees of multiple subcontractors working in close proximity together. When an employee of one company is negligently injured by an employee of a different subcontractor at a construction site, the injured victim can pursue workers’ compensation through his or her employer’s workers’ compensation insurance coverage while also filing a personal injury claim against the negligent third party and his or her employer.

Passersby can also file personal injury claims against all of the parties that negligently contributed to their accidents. For example, if a pedestrian is struck by falling debris, he or she can file a lawsuit against all of those who are responsible for the accident.

Determination of Fault in a Construction Site Accident Lawsuit

Employees are not required to prove that their employers were at fault to recover workers’ comp benefits. However, if someone else contributed to an accident’s cause at a construction site, they will need to determine fault. If someone other than the employer was at fault, pursuing a personal injury case against the negligent third party can allow people to pursue additional compensation.

You might still have the right to file a lawsuit even if you shared a percentage of the fault for your accident when another party was also negligent, when your employer caused your accident by violating OSHA rules, or when your employer failed to carry workers’ compensation insurance. Determining fault can help to identify all of the potentially liable parties and help to maximize the compensation you might receive for all of your losses.

What to Do If You Are Injured in a Construction Site Accident

If you have sustained injuries at a construction site while working or passing by, it is important for you to understand your rights and the applicable deadlines to recover maximum compensation. To learn more about your case, call Ellis & Associates today at 800-MR-ELLIS. We offer free consultations and do not charge attorney’s fees until and unless we successfully recover compensation for our clients.