What is a Third-Party Lawsuit?
A third-party lawsuit is filed against other parties that may be responsible for accidents that injure a worker. For instance, it could be that a manufacturer of a piece of construction equipment is liable for designing a piece of machinery that is defective. The claim must be filed against a negligent party that is not your employer or another employee.
A third-party lawsuit for an injured construction worker may be able to recover expenses and intangible damages, such as pain and suffering and disability, that may not be adequately accounted for under work comp law.
Protecting Your Third-Party Claim in Chicago Construction Accident Cases
When you have been injured, workers’ compensation benefits will likely be automatically extended. Even when benefits are provided for, a lawyer experienced with Illinois workers’ compensation law can still help you in the process of filing a workers’ comp claim and ensure that the insurance company provides all of the required benefits. Your employer will likely have a claim form that they “encourage” you to complete after an accident has occurred, but unfortunately, this seemingly innocent act of completing a form may have a substantial impact on your future rights in terms of benefits available either under workers’ compensation or third-party litigation. Consequently, it may be a good idea to consult with an attorney who has experience in these situations to ensure that your rights are not compromised.
Examples of Third-Party Liability Claims Brought on Behalf of Injured Workers
When you file a third-party liability claim, it will be possible for you to receive additional compensation beyond what you initially received from worker’s compensation. For example, if you are an ironworker initiating a construction injury lawsuit, you may file a legal claim against a sub-contractor that was responsible for maintaining safe conditions on a worksite, or you may sue a manufacturer or engineer who was responsible for maintaining, repairing, or designing faulty equipment that was used by workers on site. Here are some examples of third-party liability claims that the construction accident attorneys at Rosenfeld Injury Lawyers have handled on behalf of our clients:
- Failure to maintain safe conditions on a job site
- Liability for creating an unsafe demolition plan
- Liability of an electric company for keeping high-powered electricity wires close to a home
- Negligence cases for workers injured by falling debris
- Liability against a general contractor for maintaining unsafe electricity on a worksite
- Liability against a supervisor who was negligent or careless in supervising work conditions on a site
- Liability against public utility providers for negligence
Consulting with a Chicago construction accident attorney can help you understand which parties may be sued through third-party injury claims in your case. It can be difficult to determine which parties are liable when you suffer from injuries that are the result of multiple factors on a worksite. Allow our workers’ compensation lawyers to provide you with legal guidance in this difficult time and take some of the responsibilities off of your shoulders.
Gathering Evidence Immediately After a Construction Site Accident
Because construction sites are generally closed to the public, securing information about how an incident occurred may be difficult. Unfortunately, many of the parties who may be responsible for a worker’s injury may attempt to cover their actions behind these secured walls or conduct their own investigations into an incident outside of the presence of an injured worker or their attorney. Rosenfeld Injury Lawyers recognizes the aggressive tactics regularly employed by construction companies and takes immediate action to protect the rights of our clients.
Aggressive and Effective Attorneys Representing Injured Construction Workers in Third-Party Lawsuits
Assuming that the parties responsible for an accident on a construction site will take responsibility for their acts is probably nothing more than wishful thinking. Considering the magnitude of exposure a seriously injured worker can bring to the companies and their insurers, it is important that these cases are aggressively handled from the start.
From the time our office is retained in a work accident or construction site injury case, we get to work securing information to determine who is at fault and why. We regularly seek a court order granting access to the area where an accident occurred or deploy our team of legal investigators to secure statements from witnesses.
As attorneys who are proud to have represented many tradespeople and skilled workers in accident cases, we take our role in their recovery very seriously and do everything from the start to protect the individual and their family during what may be an uncertain time ahead. If you were injured on a construction site and believe a third party may be responsible, contact our office for a free consultation to learn your legal rights. As will all of our personal injury cases, we work on a contingency fee basis and only earn a fee when there is a recovery for you. You truly have nothing to lose.