Third-Party Liability in Construction Accidents

Construction accidents can leave workers and their families with life-altering injuries, medical bills, and lost wages. While workers’ compensation provides benefits for on-the-job injuries, these benefits are often inadequate to fully address the financial and emotional toll of a severe accident. In many cases, third-party liability can come into play, offering injured workers an additional avenue for compensation.

At Hulburt Law Firm, our construction injury attorneys specialize in uncovering all potential sources of liability to help injured workers. Below, we explain the role of third-party liability in construction accidents and how it may apply to your case.

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What Is Third-Party Liability in Construction Accidents?

Third-party liability occurs when someone other than your employer is partially or fully responsible for your injuries. While workers’ compensation laws typically prevent employees from suing their employers for negligence, injured workers can file personal injury claims against third parties who contributed to the accident.

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Who Can Be Held Liable as a Third Party?

Third-party liability involves individuals or entities not directly employed by the injured worker’s employer. Here are some common third parties that may be liable:

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Subcontractors

Construction sites are often busy with multiple subcontractors hired to complete specialized tasks, such as concrete, carpentry, electrical, plumbing, or roofing. A subcontractor’s failure to follow safety protocols, negligence, or errors can lead to accidents that harm workers from other companies.

Examples:

• An excavator fails to properly shore or brace adjacent structures. 
• An electrician fails to properly secure live wires, resulting in electrocution.
• A roofer drops tools or materials that injure workers below.

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Property Owners

Property owners have a legal obligation to ensure their premises are safe for construction work. If unsafe conditions on the property contribute to an accident, the owner may be held liable.

Examples:

• Failing to address known hazards, such as unstable structures or hazardous materials.
• Neglecting to warn construction workers of dangerous conditions, like hidden electrical wiring or toxic substances.

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General Contractors

General contractors can be liable if they fail to maintain a safe work environment for all workers on-site.

Examples:

• Failure to enforce safety standards across the worksite.
• Failure to inspect work progress or properly sequence the subcontractors. 
• Overseeing defective or hazardous equipment without addressing known risks.

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Equipment Manufacturers and Suppliers

Defective machinery, tools, or equipment can cause construction accidents. When an injury results from a product defect, workers may pursue a product liability claim against the manufacturer or distributor.

Examples:

• A malfunctioning crane causes a load to fall.
• Defective safety harnesses or scaffolding leads to falls.
• Power tools with design flaws cause injuries.

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Delivery Drivers and Vendors

Vehicles frequently enter construction sites to deliver materials or supplies. If a delivery driver or vendor behaves negligently and causes an accident, they may be held liable.

Examples:

• A delivery truck collides with a worker on-site.
• Improper unloading of materials causes objects to fall.

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How Does Third-Party Liability Work in San Diego?

Injured workers can file a lawsuit against third-parties who contributed to a workplace accident to recover financial compensation. 

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Filing a Personal Injury Lawsuit

To hold a third party accountable, an injured worker must prove negligence or misconduct. This requires showing:

1. The third party had a duty of care to prevent harm.
2. They breached this duty through negligence or recklessness.
3. The breach directly caused the worker’s injuries.

Unlike workers’ compensation, which provides benefits regardless of fault, personal injury claims against third parties involve proving liability.

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Compensation Available in Third-Party Claims

In addition to workers’ compensation benefits, pursuing a third-party liability claim can provide:

• Medical Expenses: Coverage for past and future medical bills related to the injury.
• Lost Wages: Compensation for past and future lost income resulting from the injury. 
• Pain and Suffering: Damages for physical pain and emotional distress caused by the accident.
• Wrongful Death: Compensation for the families of workers who died as a result of a workplace accident. 

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Challenges in Third-Party Liability Cases

Construction sites often involve overlapping responsibilities. Determining who is at fault can be complex, especially when multiple parties are involved. It’s crucial to gather evidence, such as:

• Witness statements.
• Photos or videos of the accident scene.
• Equipment maintenance records.
• OSHA investigation records.
• Expert testimony regarding industry safety standards.

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Time Limits

In California, personal injury claims are subject to a two-year statute of limitations from the date of the accident. Act quickly to ensure evidence is preserved and your rights are protected.

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How Hulburt Law Firm Can Help

Third-party liability claims require a thorough investigation and skilled legal representation to identify all responsible parties and secure full compensation. At Hulburt Law Firm, our San Diego Construction Accident Attorneys bring years of experience handling complex construction accident cases. Our team is dedicated to holding negligent parties accountable and ensuring injured workers receive justice.

If you’ve been injured in a construction accident involving a third party, don’t navigate the legal system alone. Contact Hulburt Law Firm to discuss your case and explore your options. The Truth Demands Justice.

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Related Content:

• Safety Regulations in California Construction 
• Role of Construction Accident Attorney

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