Increasing Recovery for Injured Construction Workers
The construction industry is notoriously dangerous. A disproportionately large number of harmful accidents occur each year on construction sites. Injuries occurring on construction sites are often very serious, and can even be fatal. Scaffolding, electrical hazards, defective equipment and other very dangerous conditions on construction sites often lead to head injuries, bone fractures or spinal cord injuries.
Workers injured in construction accidents often find that their financial recovery against an employer is limited to workers’ compensation. Workers’ compensation is meant to provide employees with a set amount of financial compensation while protecting employers from litigation. However, in certain circumstances, injured construction workers may be able to file third party claims for additional recovery.
Certain persons who are not direct employees of the company that injured them may bring separate third party claims against the responsible party. Independent architects, engineers, electricians or sub-contractors injured on the job may be able to recover through lawsuits against a general construction company or other responsible company that is not their employer.
Additionally, if a defective or malfunctioning tool, piece of equipment, or other product injures a construction worker, the worker may have a claim against the product manufacturer. If another party such as a delivery truck driver or a subcontractor working on the job causes a construction worker’s injury, the worker would likely have a claim against that party.
To succeed on a third-party personal injury negligence claim resulting from a construction accident, a plaintiff must prove four things. First, that the defendant owed a duty of care to the plaintiff. Second, that the defendant breached this duty of care. Third, that an injury occurred and fourth, that the defendant’s breach caused the injury.
Construction site injuries can be devastating physically, emotionally and financially. If you have suffered an injury while on the job, contact an experienced Jacksonville personal injury attorney who will fight for your right to recover.