Construction Site Accidents: When Can You Sue Beyond Workers’ Compensation?

If you’ve been injured on a construction site, contact Abeyta Nelson to ensure you’re adequately compensated for your injuries.

Construction sites are notoriously hazardous, with workers facing risks ranging from heavy machinery accidents to falls from great heights. Workers’ compensation exists to provide financial relief for medical expenses and lost wages when injuries occur.

However, there are circumstances where pursuing a third-party claim can help you recover additional damages not covered by workers’ compensation. Here’s what you need to know about your legal rights and options after a construction site accident in Washington State.

Understanding Workers’ Compensation

Workers’ compensation is a no-fault insurance system that benefits employees injured on the job, covering medical expenses and partial lost wages. However, it does not provide compensation for pain and suffering or other non-economic damages.

Additionally, workers’ compensation typically shields employers from lawsuits, leaving injured workers unable to sue their employer for negligence in most cases. But what happens when someone other than your employer is responsible for your injury?

What Is a Third-Party Claim?

A third-party claim arises when a party other than your employer or co-worker is responsible for your workplace injury. These claims allow injured workers to seek compensation beyond what workers’ compensation provides, covering pain and suffering, full lost wages, and additional medical expenses. Common third-party defendants include:

• General Contractors or Subcontractors: If another contractor on the job site failed to maintain a safe work environment, leading to your injury.
• Equipment Manufacturers: If defective or malfunctioning equipment caused your injury.
• Property Owners: If unsafe property conditions contributed to the accident.
• Drivers: If you were injured in a vehicle collision while working.

Examples of Construction Site Third-Party Claims

Construction sites often involve multiple parties working simultaneously, which increases the likelihood of third-party liability. Common scenarios include:

1. Defective Equipment: An improperly designed or manufactured safety harness snaps, causing a fall.
2. Negligent Subcontractors: A subcontractor fails to secure scaffolding properly, leading to a collapse that injures workers from another company.
3. Unsafe Premises: A property owner neglects to address hazardous conditions, such as exposed wiring, resulting in an electrocution injury.

The Benefits of Pursuing a Third-Party Claim

While workers’ compensation provides some relief, it often falls short of covering the full financial and emotional impact of a serious injury. A third-party claim can help you recover:

• Full medical costs, including future treatment needs.
• Total lost wages and reduced earning capacity.
• Compensation for pain, suffering, and emotional distress.
• Punitive damages in cases of extreme negligence.

These benefits ensure that you receive the financial support needed to rebuild your life after a serious injury.

How to File a Third-Party Claim

Filing a third-party claim involves a series of critical steps:

1. Consult an Attorney: Working with an experienced construction accident lawyer is essential. They will investigate the accident, identify liable parties, and guide you through the legal process.
2. Gather Evidence: Collect accident reports, medical records, witness statements, and any documentation of unsafe conditions or defective equipment.
3. File Within the Statute of Limitations: In Washington state, you have three years from the date of the accident to file a third-party claim.
4. Coordinate with L&I: If you have received workers’ compensation benefits, the Washington State Department of Labor & Industries (L&I) may need to be reimbursed from any third-party recovery.

Challenges of Third-Party Claims

Navigating a third-party claim can be complex. You may need to prove negligence by the third party, negotiate with insurance companies, and comply with L&I’s requirements. Additionally, your workers’ compensation benefits may be affected by the outcome of the third-party claim, as L&I must be reimbursed for any benefits paid.

Why Choose Abeyta Nelson for Your Construction Site Accident Case?

At Abeyta Nelson, our experienced personal injury attorneys understand the complexities of Washington state’s third-party liability laws. We are committed to maximizing your compensation and ensuring you receive justice. From investigating your case to negotiating with insurers or representing you in court, we’re here to support you every step of the way.

If you’ve been injured on a construction site due to someone else’s negligence, contact us today for a free consultation. Let us help you explore your legal options and secure the compensation you deserve.