Getting injured on a construction site can be a tricky case to legally understand. That’s what we’re here for. Watch, as Jeff explains what this scenario could mean for you!
A: Construction accidents are sometimes different than a regular worker’s compensation claim. If you’re the employee at a construction site, of course you have a workers’ compensation claim, but you may also have a third-party claim against someone who is not your employer. For instance, many construction sites hire companies that provide tractors and heavy equipment. Oftentimes, heavy equipment is not serviced properly causing injury to an employee; so there would be a claim against the company that provided the unsafe equipment.
Also on a work site, there are other workers from different companies – you put up a building and there are the electricians, a mason guy, a window guy – any of those people who cause injury to you and cause you to incur expenses and damages, you have a claim directly against them, over and above the workers’ compensation claim. So you have your workers’ compensation claim and a claim against the subcontractor that injured you.
Another type claim would be against a general contractor if you are a self-contractor and he provides an unsafe workplace. The best example: you’re working on a building or roof and they forgot to tell you about the covered skylight. You’re working on the roof and you fall right through the skylight 25 feet below and you’re severely injured. You may have a claim against both the owner of the company that covered up the skylight and the general contractor.