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Filing a Third Party Claim after a Construction Accident



October 14th, 2016

Third party construction accident claim

Multiple companies and entities are involved in a construction project. When a construction company employs a worker, his/her safety not only lies in the hands of the employer but also in the hands of several entities working on the same project. When a construction worker gets injured due to another entity’s negligence or fault, he/she may be eligible to file a third-party accident claim.

What is a third party?

Typically, a third party is a contractor or sub-contractor working at a construction site. A third party could also be:

  • The company that provided/built defective construction equipment.
  • A company that rents heavy equipment.
  • An equipment manufacturer.

Sometimes, a third party may also be an individual, who is not related to the construction site but caused an injury.

Filing a third party claim

Several defendants may be liable for the construction accident injuries. To file a third party claim:

  • A worker must prove that the injury occurred within the scope of his/her employment.
  • He/she must identify the party or parties liable for the event that caused the accident.

A worker may file a third-party construction accident claim when there is sufficient evidence to determine that the accident was caused as a result of a third party’s negligent act.

Potential defendant in a third party claim

Contractor and a sub-contractor – When a contractor or sub-contractor’s negligence causes injuries, he/she can be subject to a third-party claim.

Product manufacturer – When a worker gets injured by a defective machine or part, he/she may hold the manufacturer responsible.

Property owner: A property owner is obligated to provide a safe working place. He/she can be held liable if a worker gets injured because of his/her failure to provide a safe working environment.

Others: Agents of other companies and other individuals may be subject to a third-party claim if their negligence contributes to a construction accident.

Importance of filing a third party claim along with worker’s compensation

Worker’s compensation benefits only cover medical costs and some lost wages. It does not compensate for the pain and suffering arising from the construction accident injury. A third party lawsuit can help a worker recover compensation for pain and suffering, loss of life, loss of earning capacity and decreased enjoyment of life. Filing a third party claim may seem like extra work but receiving compensation for these additional injuries and losses can make a huge difference.

Contact Dervishi Law Group, P.C. to file a third party claim

Construction workers have rights in the event of an accident. We have the experience to advise you about these laws, and to protect your financial future. We have successfully represented thousands of construction workers who have been hurt on the job. To file a third party claim for your construction accident in the Bronx, call us at 917-300-0797/ 718-619-4525 or email at fdervishi@dervishilaw.com.

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