How To Determine Liability In A Construction Injury Case

Posted on: 17 February 2022

There are many advantages to workers' compensation. It's a no-fault system and the process of filing a workers' compensation claim is easier than filing a personal injury claim. However, a construction injuries lawyer may be able to help you receive more money in compensation.

Liability for Construction Injuries

With a personal injury claim, you will need to prove that a third party is responsible for your accident. Therefore, a construction injuries lawyer will only recommend that you file this type of claim if you have a solid claim against a third party.

Defective Equipment

There are many types of third parties who might be responsible for a construction injury. For example, you might be injured by a piece of equipment.

When you are injured by equipment, your construction injuries lawyer might determine that any of the following parties might be at fault:

  • An equipment rental company
  • The equipment manufacturer
  • A negligent equipment repair technician

For example, a piece of equipment that is poorly designed might have caused you to become injured. 

Negligent Subcontractors

In other cases, your injuries might be the result of negligence on the part of a subcontractor:

  • The subcontractor might be negligent
  • The subcontractor might not be trained properly
  • The subcontractor might perform a task that is outside of their training and expertise

Oftentimes, a construction project will involve hundreds of individuals. Therefore, it might be difficult to determine who is responsible for your injuries and you will always want to consult with a construction injuries lawyer. 

Your lawyer will help you determine which individuals had a duty of care, breached the duty of care, contributed to you becoming injured, and caused you to suffer damages. Once your lawyer has identified all of these parties, they will help you calculate your damages so you can file a claim.

Personal Injury Vs. Workers' Compensation Claims

You might wonder why you should bother filing a personal injury claim when you can simply file a workers' compensation claim. While you may be allowed to file a workers' compensation claim, you will receive less in compensation than if you were able to file a successful personal injury claim.

While a workers' compensation claim can help you receive compensation for your lost wages and pain and suffering, it will not allow you to seek compensation for pain and suffering or other damages. Therefore, it's often a good idea to file a construction injury claim in addition to a workers' compensation claim.