If a construction worker is injured on the job, their losses are usually covered by an employer’s workers’ compensation insurance. The worker may also consider hiring a construction accident lawyer. But what if you’re hurt in a construction site accident and not an employee but instead a subcontractor or civilian? Can you still file a lawsuit?
Filing a Lawsuit as a Subcontractor
If a subcontractor is injured while performing ordinary work duties, they can usually file for workers’ compensation benefits. But if they’re injured in an accident due to a third party’s negligence, and this party isn’t insured, they can file a lawsuit. Common types of injuries on construction sites include severe cuts and bruises, broken bones, dislocations, burns, eye injuries, and traumatic brain injuries. These can occur in scenarios such as:
- A scaffold fails, causing a fall or impact injuries
- A crane malfunctions and drops a heavy object
- An electrical accident causes a burn, shock, or electrocution
- A surface is wet or poorly maintained, leading to a slip-and-fall
- A collision involving a construction vehicle
These are just a few of many possible scenarios. Whether a subcontractor has a successful workers’ compensation claim or files a lawsuit, they may be compensated for medical costs, pain and suffering, and lost earnings, including income, bonuses, benefits, and promotions.
Filing a Lawsuit as a Civilian
Civilians can be severely hurt if a construction crew doesn’t follow proper safety precautions. Visitors should be instructed to wear safety equipment. Foremen, contractors, and employees have a duty to protect the public by following established protocols to prevent dangerous incidents.
Some of the most common dangers to civilians on construction sites include:
- Being struck by falling objects or debris
- Tripping over misplaced construction materials
- Exposure to unsecured hazardous materials
- Falling into a hole or ditch due to a missing barrier or warning
Depending on the circumstances of the accident, an employee, the construction company, or an equipment manufacturer may be liable. A construction accident lawyer will conduct a thorough investigation to identify the at-fault party or parties. They’ll gather the evidence to prove the at-fault party owed a duty of care to maintain safety on the site, they breached that duty of care (via neglect or omission), the breach of duty was the direct cause of the civilian’s injuries, and the person suffered collectible damages.
Why Hire a Construction Accident Lawyer
A legal professional will determine if a person’s injuries were due to a breach of duty. For example, the company may be liable if an employer didn’t properly mark a hole and someone fell into it. ,. Surveillance footage, witness testimonies, and medical records can help prove causation. A lawyer has the knowledge, skills, and resources to use these in proving how an accident occurred.
Without an experienced attorney, an injured subcontractor or civilian will be overwhelmed by the tasks required to file a lawsuit. A lawyer will handle all the details of the case. And the victim can focus on resting and recovering. Therefore, you don’t have to be employed by the construction company to file a lawsuit. Your lawyer’s experience increases the chances of winning the case and recovering financial losses.
Call Jacob Today
At The Law Offices of Jacob Emrani, we work towards a fair settlement so every client gets the compensation they deserve. The construction industry has a high accident, injury, and fatality rate. Incidents are often caused by workers and supervisors not exercising their responsibilities. If you’ve been injured on a job site as an employee, subcontractor, or civilian, you need a construction accident lawyer. Call (888) 952-2952 and we’ll fight for you.