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Posted in Uncategorized on February 11, 2022   |  by Gary Burger

Third Party Liability in Construction Accidents

Third Party Liability in Construction Accidents. If you have been injured in a construction accident, you may be wondering who exactly is at fault for your injuries. While you know you can file a workers' compensation claim, you think a third party may also be liable and want to know what your options are. Burger Law's construction accident attorney has over 20 years of experience navigating the complex field of workplace accident and workers' compensation laws. Call us today at (314) 500-HURT or contact us online for a free case review and to discuss all of your legal options.

The Occupational Safety and Health Administration places strict regulations on construction companies and oversees frequent inspections. Despite that, construction sites are one of the most dangerous places to work. Twelve of the 25 most dangerous jobs in the United State are in the construction industry. If you were injured at a construction job because of your employer's negligence, you can file a workers' compensation claim to receive compensation for your injuries. Burger Law's workers' compensation lawyer can help you file a claim, however worker's compensation benefits are often limited.

Often, construction accidents and construction injuries happen not because of your employer's fault, but because of a third party. You should still file a workers' compensation claim if you were injured on the job, but if someone besides your employer was at fault or partially at fault, you'll want to file a claim against them too with the help of a qualified construction accident attorney.

Examples of Third Party Liability in Construction Accidents

Premises Liability

In personal injury cases, premises liability usually applies to slip and fall accidents. Property owners and managers have a responsibility to people who visit their properties to make sure it is safe. Your construction accident attorney may be able to help you file a premises liability claim f you suffered a construction accident because:

  • Hazards were not clearly marked or roped off
  • Electrical wires were not covered
  • Loose cords made you fall
  • Uneven, broken or dangerous stairs made you fall
  • You were exposed to toxic fumes or asbestos
  • Inadequate lighting made you fall

While construction sites carry certain risk, that does not excuse a property owner or manager from fulfilling their legal obligation to keep you safe. Missouri Revised Statute 537.348 specifically states that landowners need to repair or warn of any hazardous condition they know of or should have known of.

Car Accidents

If you are working on the road or highway and experience a construction accident when you are hit by a civilian driver, you can bring a personal injury case against the driver as you normally would with any car accident that causes injury.

Product Liability

Construction sites require the work of a lot of heavy machinery and vehicles. Any entity that manufacturers a product is legally obligated to design safe products, test them for their safety and recall any part or component they later find to be dangerous. If a vehicle's breaks don't work or a crane malfunctions and drops something on you, you may be able to make a product liability claim against the manufacturer with the help of an experienced construction accident attorney.

Medical Malpractice

If you sustain an injury in a construction accident, your medical expenses will likely be paid for by your employer's workers' compensation insurance. However, if during your treatment your injury is exacerbated by a doctor's substandard level of care, the doctor is guilty of medical negligence and you can file a medical malpractice claim. Examples of medical malpractice are:

  • Incorrectly diagnosing your injury
  • Not diagnosing your injury
  • Not fully informing you of your options
  • Botching a surgery meant to repair your construction injury
  • Not giving the treatment that a competent doctor would

Medical malpractice cases are notoriously difficult to win, and you will need the skill and knowledge Burger Law's construction accident attorney in order to successfully pursue your case.

Hire a Construction Accident Attorney for Your Third Party Liability Claim

You cannot make a third party liability claim in every construction accident case. You will need the help of a veteran and trusted construction accident attorneys like those at Burger Law in order to successfully navigate the legal system and workers' compensation laws. Calling us is free, and we do not collect any fees until we win your case. If you have been injured in a construction accident, call the construction accident lawyers of Burger Law today at (314) 500-HURT or contact us online.