St. Louis Construction Accident Attorneys

Third-Party Liability vs. Workers’ Compensation: Which Claim Should I File After a Construction Accident?

If you were injured while working on a construction site, you may be wondering which legal avenue is best for pursuing compensation. Understanding the differences between workers’ compensation and third-party liability claims is vital to making informed decisions for your specific case. 

Workers’ compensation provides benefits for employees for injuries sustained on the job, such as coverage for lost wages and medical expenses. While employees can recover compensation without having to prove fault, accepting workers’ comp benefits will also make you ineligible to sue your employer in the future, making it crucial to seek legal counsel before choosing this route.   

Workers can also file a third-party liability claim if another party’s negligence caused the construction accident, such as an equipment manufacturer, subcontractor, or property owner. While third-party liability lawsuits allow plaintiffs to sue for damages not covered by workers’ compensation, they differ from workers’ comp cases by requiring workers to prove liability. 

Regardless of the type and severity of your injuries, consulting a trusted construction accident attorney can help you determine which legal recourse is most appropriate for your unique legal circumstances. Our firm can start by investigating the accident, identifying liable parties, and gathering evidence to support your claim. 

Who Is Liable for a Construction Accident?

Depending on the circumstances involved, various parties may be responsible for damages in a construction site accident. Common liable parties in construction accident lawsuits include: 

• Construction companies: The construction company may be liable if it fails to provide sufficient training or proper safety equipment for construction site workers. 
• Contractors/subcontractors: These parties are responsible for overseeing the safe completion of construction projects and may be liable for damages if their negligence causes an accident. 
• Manufacturers and suppliers: These entities may be responsible for construction site injuries if they cause an accident by producing or supplying a faulty part or product. 
• Property owners: The property owner may be liable for accidents if they fail to address known hazards on the construction site. 

What Damages Are Recoverable in a Construction Accident Lawsuit?

Depending on the specifics of the case, various types of compensation may be available in a construction accident claim. Common recoverable damages include compensation for economic losses, such as medical expenses, hospital bills, ongoing and future treatment costs, lost wages, and lost earning capacity, and non-economic losses, such as pain and suffering, emotional distress, loss of enjoyment of life, scarring and disfigurement, and loss of consortium. 

In some cases involving extreme negligence, the court may also award punitive damages. Unlike economic and non-economic damages, which compensate the victim directly for losses incurred in the accident, punitive damages are solely awarded to punish the defendant and deter similar behavior in the future. Consulting your attorney is critical to accurately calculating available damages in your claim and pursuing a just outcome. 

Put Over 40 Years of Experience on Your Side with Sedey Harper Westhoff

When your health and financial security are on the line, don’t settle for less than high-quality representation from a reputable law firm. When you hire Sedey Harper Westhoff, you’ll put over 40 years of experience in your corner while benefitting from compassionate counsel tailored to your specific legal needs. Our award-winning lawyers have a proven track record of results and an in-depth understanding of personal injury law to aggressively pursue justice.