Can Third Parties Be Held Responsible for Construction Injuries?

As a general rule, construction workers who are eligible to file for workers’ compensation are ineligible to sue their employers for their on-the-job injuries. While this “no fault” system is supposed to protect both workers and their employers, the reality is that it leaves many injured workers without the full compensation they deserve.

Why? Because workers’ compensation does not cover all of the costs of serious injuries. In Arkansas, workers’ compensation typically covers injured workers’ medical expenses and a portion of their lost wages. It does not cover injured workers’ full lost earnings, and it does not cover injured workers’ pain, suffering, and other non-financial losses.

This raises a critical question: Can third parties be held responsible for construction injuries?

Third Parties Can Be Held Responsible for Construction Injuries in Many Cases

In many cases, the answer is “Yes.”  While injured construction workers cannot sue their employers when they are eligible for workers’ compensation, they can sue other companies that are responsible for their injuries. By filing third-party claims when possible, injured construction workers can seek full compensation for their:

• Medical expenses and other out-of-pocket costs
• Lost income, benefits, and future earning capacity
• Pain, suffering, and post-traumatic stress
• Permanent scarring and disfigurement
• Other financial and non-financial losses

These losses can be substantial, and they can far exceed the workers’ compensation benefits that injured construction workers are eligible to recover through their employers. As a result, when injured construction workers are eligible to file third-party claims, doing so can be critical to their long-term financial stability and wellbeing.

With this in mind, when can (and should) injured workers file claims against third parties for construction injuries? Some examples of potential grounds to seek compensation for injuries from construction accidents include:

Hand Tool and Power Tool Defects

Like all products, hand tools and power tools can suffer from defects that can cause serious injuries. If you were injured in a construction accident when a tool you were using (or one of your co-workers was using) broke or malfunctioned, you may have a third-party claim against the tool’s manufacturer for the resulting construction injuries.

Ladder and Scaffolding Defects

Ladder and scaffolding manufacturers can also be held liable when defects in their products cause (or contribute to causing) serious on-the-job accidents. Falls are among the most common causes of construction site injuries; and, when these accidents result from ladder and scaffolding defects, this can provide clear grounds for injured construction workers to seek compensation.

Safety Equipment Failures

Safety equipment failures can also provide grounds to sue third parties for serious construction injuries. If you were injured when a safety harness, helmet, safety glasses, or any other critical piece of safety equipment failed to protect you, you could have a claim against the manufacturer in this scenario as well.

Forklift, Crane, and Other Heavy Equipment Accidents

Forklifts, cranes, and other pieces of heavy equipment need to be properly designed, manufactured, and maintained in order to prevent serious accidents on the job. Proper operation of these pieces of equipment is essential as well. If you were injured in any type of heavy equipment accident, it will be worth talking to a construction accident lawyer about your legal rights.

Property-Related Hazards

If you were injured in an accident involving a property-related hazard, the owner of the property may be liable for your present and future losses. Under Arkansas law, property owners can be held liable for fall risks, electrocution risks, and other hazards in appropriate cases.

Contractor and Subcontractor Negligence

While injured construction workers generally cannot sue their employers for negligence, they can sue third parties if negligence played a role in their construction injuries. As a result, if a contractor or subcontractor is to blame for your on-the-job injury, you may be eligible to file a third-party claim for compensation.

As we said above, these are just examples. Injured construction workers can also hold third parties responsible for their construction injuries in a wide variety of other circumstances. To make sure you are taking the necessary steps to assert your legal rights effectively, we strongly recommend speaking with an experienced construction accident lawyer as soon as possible.

Talk to a Rogers Construction Accident Lawyer for FREE

If you believe a negligent third party may have played a role in your construction injury in Arkansas, it’s important to contact our office right away. You have a limited time to take legal action in these situations, and if you act too late, you will lose your opportunity to recover the compensation you deserve for your physical, financial, and emotional losses.

Contact the Rogers construction accident lawyers at Oliver Law Firm today online or at (479) 202-5200 for a FREE case evaluation. Our attorneys proudly serve clients across Arkansas and throughout the United States from our office in Rogers, AR.