What Is Third-Party Liability in a Construction Accident?

Those who work in the construction industry are asked to perform dangerous jobs. Every year, construction accidents rank among the most common New Jersey workplace accidents. Not only is the job dangerous, but due to the often-complex relationships between the various individuals and businesses involved in a large construction project, determining who is at fault in a construction accident can be challenging. Those injured while working a construction job may be able to file either a New Jersey workers’ compensation claim and/or a third-party lawsuit. However, understanding the differences between these claims is crucial.

Most people are familiar with the workers’ compensation system, which provides a quick way for employees who are injured on the job to obtain payment for their medical bills and lost wages without needing to prove that their employer was at fault. However, for those who suffered severe injuries due to the negligence of a non-employer third party, there may be an additional option.

The workers’ compensation program was designed to manage claims between an employee and their employer. However, if a non-employer is responsible for causing an accident, the claim is not governed by the workers’ compensation system. Instead, an injured worker can bring a traditional negligence lawsuit against the third-party. Examples of potentially negligent third parties include:

• Other motorists
• Customers
• Utility companies
• Outside vendors
• Manufacturers of equipment or supplies
• Independent contractors
• Sub-contractors
• Project managers
• Property owners
• Engineers or architects

A few examples of situations where a third-party claim may be appropriate include:

• Injuries caused by defective safety equipment
• Falls due to improperly assembled or manufactured scaffolding
• Slip and fall accidents
• Electrocution injuries
• Fires and explosions
• Heavy equipment accidents
• Collapsing buildings
• Exposure to harmful chemicals
• Collapsing walls, ditches or trenches

Anytime an employee’s injury was caused by a party other than their employer or another employee, they may be able to pursue a third-party claim against that person. Unlike a workers’ compensation claim, the injured worker must show that the third-party was negligent in a third-party claim. This requires an employee to prove that the third party:

1. Owed the worker a duty of care;
2. Violated that duty, either by some action or inaction; and
3. Caused the worker’s injuries.

Proving a third-party claim can be challenging, especially once insurance companies get involved. Injured construction workers should consult with an experienced New Jersey construction accident lawyer for immediate assistance.

Have You Been Injured in a New Jersey Construction Accident?

If you have been seriously injured in a New Jersey construction accident, you may be entitled to monetary compensation through a workers’ compensation or a personal injury claim. The dedicated New Jersey personal injury attorneys at the Todd J. Leonard Law Firm are here to help you discuss your options. Our attorneys provide sound advice and compassionate, zealous advocacy to accident victims across the state. 
 
The New Jersey work injury attorneys at the Todd J. Leonard Law Firm have over 35 years of experience aggressively representing construction workers and their families in all types of injury claims. Our firm’s founder, Attorney Todd Leonard, has devoted his entire legal career to helping injured workers recover the compensation they need and deserve following a serious accident. To learn more about how we can help you pursue a claim for compensation, give us a call today at (973) 920-7900 to request a free and confidential consultation. There is no risk in calling, because we never charge a fee unless we can help you recover compensation for your injuries. We have offices conveniently located in Denville and Morristown.