If you suffered an injury in a construction accident and are seeking damages in addition to workers’ compensation, you may have a claim against negligent third parties. Construction sites are dangerous, and many disabling workplace accidents occur in the building industry. These injuries often prevent West Virginia construction workers from earning income, adding to their financial and physical burdens. It is understandable that you may be feeling distressed and unsure about what steps to take next if workers’ comp is not enough.
Many construction accident claims involve negligent third parties, such as subcontractors, drivers, and building owners. You may have a claim for damages against these negligent entities and individuals under standard West Virginia tort laws. Calling a West Virginia construction accident lawyer is essential for ensuring your rights are protected and that you receive the full compensation you deserve. An attorney can guide you through the legal process, help gather evidence to support your third-party liability claims and advocate for your rights. You do not have to face devastating construction accidents alone.
Common Accidents on Construction Sites
The construction industry is known for its high-risk work environments. Construction workers are exposed to various hazards daily, which can lead to severe injuries or even fatalities. According to the Occupational Safety and Health Administration (OSHA), the top four construction site accidents resulting in serious injuries include the following:
- Falls from heights: Many construction workers require A-frame ladders or scaffolding to complete their work, but employers often cut corners in these areas. For example, when regulations require scaffolding, many injured workers are only provided with A-frame ladders. This negligence may lead to traumatic brain injuries and spinal cord damage, especially herniated discs.
- Electrocution: Negligent electrical subcontractors may forget lockout/tagout protocols or leave live wires hanging, leading to life-altering burns and neurological damage.
- Struck-by accidents: Hard hats won’t protect construction workers from falling steel pipes and heavy debris, which is a common cause of potentially fatal skull fractures and neck injuries on West Virginia construction sites.
- Caught-in-between accidents: These accidents occur when workers get caught between moving pieces of machinery and fixed objects, such as walls, construction materials, or stationary equipment. Caught between accidents frequently result in broken ribs and fatal torso-crushing injuries.
OSHA reports that construction accidents are responsible for a significant number of work-related injuries and fatalities each year. Although most construction workers know the risks involved in their line of work, they trust their employers to implement proper safety measures to mitigate them. But what if their employers weren’t the negligent party? A construction company can provide you with all the safety equipment necessary, but that won’t protect you from reckless subcontractors, drivers, or property owners.
Employers Protected by Workers’ Compensation Laws After Construction Accidents
In many states, including West Virginia, employers are required by law to provide workers’ compensation insurance coverage to their employees. Workers’ comp is a no-fault insurance system that provides medical benefits and earnings replacement for workers who suffered an injury on the job. In exchange, they cannot sue their employers or negligent co-workers for their injuries.
When a construction worker suffers an injury in an accident, he can typically file a workers’ comp claim with his employer’s insurance company. This claim can help cover medical expenses and a portion of lost earnings during recovery. However, workers’ compensation benefits are limited and may not fully compensate the injured worker for his losses. That’s where third-party claims come into play.
Third Parties Potentially Liable for Construction Site Injuries
While workers’ compensation provides some financial relief for injured construction workers, it does not account for all potential avenues of recovery. In some cases, a third party may share liability for the construction accident. Third parties in construction accidents often include the following:
- Property owners: Most construction site accidents occur on properties owned by third parties, including private homeowners and real estate investors. If the accident was caused by a hidden negligent condition on the property, injured workers may be entitled to sue the property owner for failing to make the premises safe. Most such claims are paid by private homeowners or property insurance companies.
- General contractors: If you worked for a subcontractor, the general contractor is not your employer. You may be entitled to sue the GC directly for damages caused by its employees, including negligence, recklessness, and negligent hiring.
- Subcontractors: Most large construction sites have multiple subcontractors working simultaneously, including plumbers, electricians, HVAC technicians, painters, and carpenters. You may sue a negligent subcontractor (other than your employer) for third-party damages after a construction accident.
- Equipment manufacturers: Heavy equipment is hard to operate and frequently breaks down. If you suffered an injury in a crushing accident or due to malfunctioning machinery, you may have a product liability claim in West Virginia.
- Architects and engineers: In some cases, the building design is flawed. This may eventually cause worker injuries later in the building process, which can lead to third-party injury claims against architectural and engineering firms.
- Drivers: Many construction sites are on the side of the road, and workers may have to block off certain lanes to move and park heavy equipment. Negligent drivers may ignore lane closures and flaggers, resulting in devastating injuries.
These third parties may be held legally responsible for the accident if their negligent or wrongful actions contributed to the construction worker’s injuries. Filing a third-party claim allows the injured worker to seek additional compensation beyond what workers’ compensation provides but requires the help of an experienced West Virginia construction accident lawyer. Tort law differs from workers’ compensation law, though some firms provide both services.
Types of Third-Party Construction Site Accident Claims
When it comes to filing a third-party claim after a construction accident, there are several potential legal causes of action injured workers can pursue. These claims include the following:
Premises Liability
If the construction accident occurred on someone else’s property, the injured worker may have a premises liability claim against the owner. Property owners have a duty to maintain a safe environment for anyone on their properties, including construction workers. It includes warning workers of any non-obvious, dangerous conditions that exist on the property, which is often why contractors are needed in the first place. If the property owner failed to uphold this duty and it resulted in the accident and injuries, the owner may be held liable. Your construction accident attorney can file these negligence claims with the property insurer.
Products Liability
If a defective product or piece of equipment caused the construction accident, the injured worker may have a product liability claim against the manufacturer or distributor of the product. This claim seeks to hold the responsible party accountable for producing or selling a defective product that led to the worker’s injuries.
Driver Negligence
If the construction accident involved a motor vehicle, such as a car or truck, and the driver’s negligence caused the accident and resulting injuries, the injured worker may have claims against the negligent driver and vehicle owner. It can include claims for medical expenses, lost earnings, pain and suffering, and other damages not covered by workers’ comp. Personal injury lawyers can file these claims with the liable car insurer or sue the driver directly.
Assault
In some cases, construction accidents occur due to intentional acts of violence. If a construction worker is assaulted by another person at the job site, he may have a personal injury claim against the individual responsible for the assault. Pursuing these claims can help injured workers seek justice and compensation for their injuries and any emotional distress caused by the assault.
Holding Negligent Subcontractors Liable for OSHA Violations
When it comes to construction accidents, subcontractors play an important role in the safety and well-being of all workers. OSHA sets forth guidelines and regulations to ensure the safety of workers in the construction industry. These regulations cover various topics, including fall protection, electrical safety, hazard communication, and more. If a subcontractor’s negligence or failure to comply with OSHA regulations contributed to a construction accident, it may be held liable for your injuries under negligence per se principles.
Victims of construction accidents should document any OSHA violations they witness and consult with a personal injury attorney who handles construction accident claims, not a workers’ comp lawyer. Personal injury firms can help gather evidence to support negligence per se claims and ensure that careless subcontractors are held accountable for employee actions.
Civil Damages Recoverable in Addition to West Virginia Workers’ Comp
While workers’ compensation provides important benefits for injured construction workers, it has limitations. Workers’ comp benefits usually cover medical expenses and a portion of lost earnings but do not include compensation for pain and suffering, emotional distress, or punitive damages.
By filing a third-party claim, injured West Virginia construction workers can recover additional civil damages beyond what workers’ compensation provides, including non-economic damages. These civil damages can include compensation for the following:
- Pain and suffering
- Lost enjoyment of life
- Loss of earning capacity
- Additional lost earnings and bonuses
- Punitive damages (in cases of extreme negligence or intentional misconduct)
Experienced construction accident lawyers know how to maximize the value of third-party claims and avoid workers’ comp liens, as you may not recover ‘double damages.’ Injured construction workers should consult with a construction accident attorney to understand their rights and explore all available avenues for compensation.
Which Attorneys Handle Construction Worker Injury Claims Against Third Parties?
When filing a third-party claim after a construction accident, these are normally handled by experienced personal injury attorneys, not workers’ comp lawyers. Personal injury firms focus their practice on recovering civil damages for clients injured in accidents. They have the knowledge, skills, and resources to advocate for the rights of injured construction workers against negligent property owners, contractors, and drivers.
Personal injury attorneys who take construction-worker injury cases against third parties have a deep understanding of construction laws, OSHA regulations, and liability issues specific to the construction industry. They can assess the details of the accident, identify potentially liable parties, gather and preserve evidence, and negotiate with insurance companies and legal representatives on behalf of the injured worker.
The Benefits of Retaining a West Virginia Personal Injury Lawyer
Hiring a local personal injury attorney for your construction accident claim can provide numerous benefits, including the following:
Negligence Claims Experience
Personal injury firms have in-depth knowledge of state negligence laws, regulations, and civil legal procedures. They can file private insurance claims and litigation on your behalf and ensure your rights are protected.
Building a Strong Case
An experienced attorney knows how to gather third-party liability evidence, collect witness statements, and consult with experts to build a strong case on your behalf. She will work tirelessly to prove liability and maximize your chances of obtaining compensation in addition to your workers’ comp benefits.
Negotiating with Insurance Companies
Insurance companies are notorious for offering low settlement amounts or denying claims, especially when they think you only have a workers’ compensation case. A personal injury lawyer can negotiate with insurance adjusters on your behalf to settle viable claims for the full compensation you deserve after a devastating West Virginia construction accident.
Trial Experience
While most third-party negligence cases are resolved through settlements, some may need to go to trial. An attorney with trial experience can be invaluable if your case goes to court. She will represent your best interests and fight for your rights in front of a judge and jury without charging additional legal fees. Most personal injury lawyers don’t get paid unless they recover compensation for you.
Peace of Mind
Dealing with a disabling construction accident injury and the legal process is overwhelming. By hiring a personal injury attorney, you can focus on your recovery and leave the legal matters to the professionals. If you or a loved one suffered an injury in a construction accident, don’t hesitate to contact a compassionate West Virginia personal injury lawyer.
Call a West Virginia Construction Accident Lawyer for Help Filing Third-Party Claims
If you need help filing a third-party claim after a construction accident, contact a personal injury law firm near you to discuss your legal options. Don’t wait. Call a dedicated West Virginia personal injury attorney now to maximize available compensation.
Jeffery Robinette was admitted to practice law in 1991 and is licensed in all levels of state and federal trial courts in West Virginia. Mr. Robinette is also licensed in all state and federal appeals courts in West Virginia and the United States Supreme Court. As a National Board Certified Trial Attorney who has handled hundreds of motor vehicle, injury, and construction defect claims and a leading author on insurance claims settlement issues and difficulties in West Virginia, Jeff Robinette is uniquely qualified to represent your best interest.
