Construction sites are some of the most demanding and hazardous work environments. Despite proper safety procedures in place, it is common for issues like heavy machinery and constantly shifting work zones to create risks. When an injury occurs, most workers know they can seek workers’ compensation benefits to address medical costs and lost income. But what many do not realize is that workers’ compensation is not the only path to recovery.
If it is not your employer who caused the incident, you may be entitled to a third-party injury claim. This type of claim offers you an opportunity to seek recovery for damages that workers’ compensation cannot provide. A Niagara Falls construction accident lawyer at Lewis & Lewis can file the third-party claim to secure the compensation that you deserve for your suffering.
Schedule a Free Initial Consultation
Key Takeaways: Filing a Third-Party Claim After a Construction Accident
- A third-party claim allows injured construction workers to pursue full compensation when someone other than their employer caused the accident.
- Many different parties may be liable, such as subcontractors, property owners, and equipment manufacturers, among others.
- You can pursue workers’ compensation and a third-party concurrently, and one does not prevent the other.
- Filing a strong third-party claim requires fast action, including reporting the accident, preserving evidence, documenting injuries, and identifying every responsible party before conditions at the site change.
- Most third-party cases settle, but your attorney prepares for trial to secure the fair compensation you deserve if negotiations fail.
- Independent contractors may also file third-party claims, especially when a negligent company or individual outside their contract created unsafe conditions.
- If multiple parties caused the accident, you can pursue claims against each one, maximizing your potential recovery.
- Contact a construction accident attorney quickly to handle complex liability questions and file a winning third-party claim on your behalf.
Common Third-Party Claims After a Construction Accident
Construction sites mostly bring together many different contractors, vendors, and professionals, each with their own responsibilities. While workers’ compensation provides benefits when an employee is hurt on the job, it does not address every loss an injured worker suffers. Also, it does not allow lawsuits against an employer, even when the employer may have played a role in the accident. That is where a third-party claim becomes significant.
A third-party claim is a fault-based personal injury action brought against someone other than your employer or co-worker whose actions contributed to your injury. Because workers’ compensation shields employers from liability, a third-party claim is the only legal route to pursue full compensation for damages like pain and suffering, reduced earning capacity, and long-term disability.
To succeed in a third-party claim, you must demonstrate that another entity acted negligently, recklessly, or wrongfully. This usually involves showing that the party had a duty to keep the worksite safe, did not meet that duty, and that the failure directly caused your injury. These cases often require a detailed investigation, expert evaluations, and a careful review of project contracts, safety obligations, and site control.
You may have a valid third-party claim if your injuries involved:
- A General Contractor or Subcontractor Outside of Your Employer: General contractors and subcontractors have specific legal responsibilities to maintain safe work practices. If a subcontractor leaves debris, fails to secure materials, improperly operates machinery, or violates safety protocols, their negligence may make them liable.
- A Property Owner, Landlord, or Site Manager: Premises owners are legally duty-bound to keep their premises reasonably safe for workers. Failing to address hazards such as unstable floors, inadequate lighting, structural weaknesses, or unsafe access points can support a claim for premises liability.
- A Manufacturer of Defective Tools or Equipment: Product defects are a major source of construction injuries. If a ladder collapses, a power tool malfunctions, or protective gear fails to work as intended, the retailer, distributor, or manufacturer may be responsible under product liability law.
- A Delivery Company or Outside Vendor: Construction sites frequently involve third-party drivers, mechanics, material suppliers, and service crews. If a delivery truck strikes a worker, drops equipment, or creates a hazard while unloading materials, that company may be accountable.
- An Architect or Engineer: Design professionals should make plans that meet safety standards. Flawed blueprints, structural miscalculations, or unsafe design specifications can lead to unsafe conditions, making these professionals liable for resulting injuries.
- A Maintenance, Inspection, or Repair Company: Construction sites rely on outside firms to service machinery, maintain scaffolding, or inspect equipment. If a company ignores safety issues, performs substandard repairs, or fails to conduct required inspections, its negligence can lead to serious accidents.
Construction projects involve overlapping responsibilities and complex relationships. With multiple companies on-site, it is not always clear who is at fault. That is why determining liability is one of the most important steps in building a strong third-party claim. Your construction accident lawyer will carry out a thorough investigation to help uncover every party whose actions contributed to the unsafe condition.
How to File a Third-Party Claim After a Construction Accident
Filing a third-party claim is a more complex process than filing for workers’ compensation. It requires early evidence preservation, a detailed investigation of the worksite, and a legal strategy that identifies all parties whose negligence contributed to your injury. Because multiple companies often share responsibility for safety on a construction site, gathering strong documentation from the beginning makes a significant difference in the outcome of your claim.
Here are the steps you would expect when filing a third-party claim following a construction accident:
Report the Accident Right Away
New York law requires injured workers to notify their employer of a workplace accident within 30 days to preserve workers’ compensation benefits. Even though this notice is primarily for your workers’ comp claim, it also functions as an official record that supports your third-party case.
When reporting the accident:
- Provide clear, factual information
- Avoid speculating about fault or the cause until investigations are completed
- Ensure the report is documented in writing, not only verbally
A timely report helps establish when and how the accident occurred and prevents employers or insurers from disputing your account later.
Preserve Evidence From the Accident Scene
Construction sites change constantly. Hazards are cleaned up, equipment is removed, and conditions can shift within minutes. For that reason, preserving evidence quickly is essential. If possible, collect or document:
- Photos or videos of the hazard, equipment, or area involved
- Images of your injuries, including bruising, cuts, swelling, and the progression of healing
- Witness names and statements from co-workers, subcontractors, or nearby workers
- Weather conditions, lighting, and the layout of the worksite at the time of the accident
- Equipment involved, including serial numbers or manufacturers
- Safety manuals, warning labels, and inspection tags
- Any communication about unsafe conditions leading up to the accident
Temporary hazards like an unsecured ladder can disappear quickly. Photos help preserve those conditions long after the site has changed. If you are unable to gather evidence because of your injuries, ask a trusted co-worker or family member to help or have your attorney send an investigator immediately.
Identify All Potentially Responsible Third Parties
Liability on a construction site is rarely simple. Multiple entities may share responsibility depending on who created the hazard, who supervised the work, and who had the legal duty to keep workers safe.
A thorough liability investigation includes examining:
- Contracts between general contractors, subcontractors, and property owners
- Safety responsibilities delegated in those contracts
- Control of the worksite, including who directed the work or managed safety programs
- Who owned or supplied the equipment involved in the accident
- Maintenance or repair contracts for machinery or tools
- Manufacturer specifications, warnings, and design requirements
- Property owner obligations related to the site’s structural safety
An attorney will review project documents, interview witnesses, consult safety experts, and inspect the worksite to uncover every defendant whose negligence played a role. Identifying all liable parties is crucial because it allows you to maximize the compensation available.
Continue Your Workers’ Compensation Claim
Workers’ compensation and third-party claims are separate legal processes. Fortunately, pursuing one does not prevent you from pursuing the other. Workers’ compensation provides:
- Medical coverage for accident-related treatment
- Partial income replacement during your recovery
- Coverage without needing to prove fault
However, workers’ compensation does not address pain and suffering, diminished earning capacity, or other long-term damages. That is why filing both claims at the same time is often the most effective approach. Your attorney can coordinate both cases to ensure your rights are protected and that your benefits are not delayed.
Consult a Construction Accident Attorney
Third-party construction claims involve complex legal questions and potentially several responsible parties. Without legal representation, it is easy to overlook an important defendant or misinterpret safety obligations. Your construction accident attorney can:
- Conduct an investigation into the cause of the accident
- Preserve key evidence before it disappears
- Determine all legally responsible parties
- Evaluate whether any New York Labor Law violations apply
- Calculate both economic and non-economic damages
- Manage communication with insurance companies
- Coordinate your workers’ comp and third-party cases
- Build a robust legal strategy tailored to your circumstances
These cases often involve expert witnesses, safety engineers, OSHA specialists, and accident reconstruction professionals. Early legal involvement greatly increases the strength of your claim.
Your Attorney Files the Third-Party Claim
Once the investigation is complete and evidence is secured, your attorney will draft and initiate a personal injury lawsuit against the liable third party or parties. This process includes:
- Preparing the complaint and supporting documents
- Filing the claim within New York’s statute of limitations
- Sending the notice of the lawsuit to the defendants
- Initiating the discovery phase, where both sides exchange evidence
Most third-party construction claims settle before trial, but a seasoned attorney will prepare the case as if it will go before a jury. This preparation strengthens your negotiating position and ensures you are fully protected.
Negotiation and Litigation
Once the lawsuit is filed, your case enters a series of stages focused on uncovering the truth and building the strongest possible claim.
This phase may involve discovery, depositions, expert evaluations, independent medical examinations (IMEs), and settlement negotiations.
If a fair settlement cannot be reached, your case will proceed to trial. There, your attorney will present evidence, summon witnesses, and argue your case before a judge or jury to pursue the compensation you deserve.
Injured on a Construction Site? Get the Legal Support You Deserve
A third-party claim can afford you the full financial recovery you need to rebuild your life. If you can prove that a third party caused the construction accident, you shouldn’t face the medical bills, lost income, and long-term consequences alone. The legal team at Lewis & Lewis is committed to guiding you and fighting for the compensation you’re entitled to. Please reach out to a personal injury lawyer today to understand your options and get started.
Can I bring a third-party claim if I am classified as an independent contractor rather than an employee?
Even though independent contractors are generally not eligible for workers’ compensation, they often have more freedom to pursue a third-party lawsuit. If a property owner, subcontractor, equipment manufacturer, or any other outside party created the hazard that caused your injury, you are still eligible to initiate a claim. Filing a third-party claim allows independent contractors to seek full recovery for medical bills, lost income, and pain and suffering that would otherwise remain uncovered.
What happens if more than one third party is responsible for my construction accident?
Construction sites regularly involve several companies working side by side, so it’s not unusual for multiple parties to share responsibility. If more than one contractor, vendor, or manufacturer contributed to your accident, you may file claims against each of them. Your attorney can investigate how each party played a role and pursue compensation from all responsible entities, ensuring no source of recovery is overlooked in your third-party claim.
Do third-party claims affect my workers’ compensation benefits?
Pursuing a third-party claim does not stop or reduce your workers’ compensation benefits; the two processes run independently. However, the workers’ compensation insurer may assert a lien on part of your future settlement to recover medical or income benefits it paid. This makes coordinating the two claims important so that you maximize your total compensation while still following the necessary legal requirements for filing a third-party lawsuit.
