In many construction accident cases, the only parties involved are the injured worker, their employer and the insurance company that the employer uses. This can still be a complex case, but it is rather limited in scope.
However, there are other cases in which a third-party claim may need to be made. This can be done in addition to workers’ compensation benefits. It is essentially a third-party personal injury lawsuit seeking additional compensation. Why would this need to be used?
Defective products
One example of how a third party could be responsible is if there was a manufacturing defect in some of the products, tools or materials that construction workers were using.
For example, say that a worker fell from a ladder and suffered injuries when the ladder collapsed under them. On one hand, they may be entitled to workers’ compensation benefits because they were simply injured on the job.
But the worker may allege that the ladder itself was defective. It was not manufactured properly, and that defect led to the collapse. An extension ladder can be periodically raised, and there are clips that lock it in place at higher levels, for example. But if a manufacturing defect caused the ladder to give out and the safety devices did not work correctly to keep it extended, then the worker may want to sue the company that manufactured the ladder to seek further compensation.
These types of injuries can lead to life-altering changes for an injured worker, such as a spinal cord injury resulting in a lifelong disability. It is important for workers to understand third-party claims and how to seek all of the compensation they deserve.
