Construction Accidents and Third-Party Liability: Know the Basics

Construction accidents can be catastrophic. A third party liability claim arises when someone other than the construction worker’s own employer is responsible for the accident. As the third party does not prove workers’ comp coverage to the construction worker, that worker has the right to file a personal injury lawsuit against them. Unlike workers’ comp, a third-party liability lawsuit for a construction accident is a fault-based legal case. The injured worker must prove negligence.

An Overview of Third Parties That May Bear Fault for a Construction Worker’s Injuries 

Whether it is commercial construction, industrial construction, or residential construction, modern projects are complex. There are often many different companies and other parties that are involved. A third-party liability claim can be filed against any party other than the construction worker’s own employer. Some of the most notable examples of third parties that may be liable for a construction accident in Delaware include:

• Equipment manufacturers;
• Other contractors or subcontractors;
• Property owners;
• Developers; and
• Motorist

What Compensation Can You Recover in a Third-Party Liability Claim 

A workers’ compensation claim in Delaware provides much-needed benefits. However, it does not allow an injured worker to seek compensation for the full extent of their damages, particularly non-economic losses. A third-party liability claim is different. In Delaware, a third-party liability claim for a construction accident may include compensation for the full extent of the injured worker’s damages, including medical bills, future medical costs, diminished earning power, pain and suffering, mental distress, disability, disfigurement, and wrongful death. 

Construction Workers Can and Should Still File for Workers’ Comp Benefits 

Even if third-party liability is involved in a construction accident, workers can still file for workers’ compensation benefits. You do not have to choose between these two claims. Indeed, injured construction workers should always file for workers’ comp. Beyond that, they may also have an additional legal claim against a negligent third party. A Delaware construction accident lawyer can help you figure out how to protect your rights and interests.

Contact Our Delaware Construction Accident Attorneys Today

At Freibott Law Firm, our Delaware work injury lawyers have the professional skills and legal expertise to help injured construction workers get justice and the maximum compensation. If you have any questions about third-party liability claims, give us a call at (302) 633-9000 or contact us online for a no-cost, strictly private consultation. With a law office in Wilmington, we advocate for injured construction workers in New Castle County and throughout Delaware.