All states require that employers of construction companies carry workers’ compensation insurance so that workers who are injured on the job will be paid benefits for their treatment and lost wages. This is a type of legal trade-off that is designed to prevent employees from suing their employers for work-related accidents, keeping this type of case out of court. However, there are occasions when an injured employee can file a personal injury claim against a third party. This enables the employee to get greater compensation for sustained injuries.
Types of Third-Party Liability
A third-party liability lawsuit that is filed by an injured employee in a construction accident is a personal injury lawsuit that is filed in civil court. This type of lawsuit can be filed if, for example, an employee was working with defective equipment at the construction site, like a forklift that is not working properly. The employee can then sue the manufacturers of the forklift in addition to making a workers’ compensation claim. A third-party liability lawsuit can also be filed if a contractor at the construction site who is not the employer was the cause of the accident.
Elements of a Third-Party Liability Lawsuit
To win a third-party liability lawsuit, the case must have four elements. These are duty, breach of duty, causation, and damages. The third-party must have had a duty of reasonable care to keep the worker safe, must have breached this duty, and this breach must have been the cause of the accident that, in turn, caused the injury. The injury is considered the damages. The personal injury attorney must be able to prove that the breach of duty, or negligence, on the part of the third party was the cause of the accident.
Call to Schedule a Free Consultation With a Third-Party Liability Construction Accident Attorney Today
If you’ve been injured in a work-related construction accident, call to schedule a free consultation with a third party liability construction accident attorney today. The legal professionals at the Dawson Law Group of Portland, Oregon, are here to help. Call us at 503-919-1315 and let us investigate your case.