Can I Sue for a Construction Accident If I’m a Subcontractor?
Everyone has a right to a safe workplace, including construction workers and subcontractors. Therefore, you can sue for a construction accident even if you are a subcontractor. But just because you are entitled to compensation does not mean you will automatically receive it.
Negligent construction contractors or owners may attempt to tell you that you cannot sue as a subcontractor or blame you for your injuries. Our guide below explains the types of damages subcontractors can sue for and how to ensure they receive maximum compensation for construction accident injuries.
When Can a Subcontractor Sue for Construction Injuries?
Subcontractors on a job site have the right to bring a claim against certain negligent parties when a construction accident leaves them with injuries or financial losses. Many construction workers believe they can only pursue compensation through workers’ compensation benefits.
While every case is unique, subcontractors are generally entitled to compensation for physical, emotional and financial damage caused by another party’s negligence.
Some of the most common construction injuries that subcontractors sue for include:
- Eye injuries
- Head and brain trauma
- Spinal cord damage
- Burns and electrocutions
- Poisonings and toxic chemical exposures
- Sprains, strains, and ligament tears
- Broken bones and fractures
Review your case with a personal injury lawyer if you are unsure if you can sue for your construction accident injuries as a subcontractor. These types of legal experts can examine the facts of your accident and provide legal guidance to ensure you recoup all of your losses from the accident.
For a free legal consultation, call (646) 692-0204.
Can a Subcontractor Receive Workers’ Compensation for Construction Accident Injuries?
If an employer, general contractor or property owner has workers’ compensation coverage for you, you have the right to file a claim and collect benefits for your lost wages, medical expenses and disability.
However, even if you have workers’ compensation coverage, these benefits will not cover all of your losses. Always discuss with a qualified and experienced personal injury attorney whether you have the right to bring a separate personal injury lawsuit.
In most instances, the amount of compensation you can recover is substantially more than you would be able to recover if you only had workers’ compensation benefits.. A construction accident lawyer can help you determine the extent of your damages and pursue compensation from every responsible party.
Who Can a Subcontractor Sue After a Construction Accident?
As a subcontractor, you may have the legal right to seek compensation from any person, entity, or third party responsible for causing your injuries.
The list of at-fault parties can include:
- The general contractor
- The property owner or manager
- Other subcontractors
- Negligent worksite visitors, inspectors, or vendors
- Civil engineers or architects
- Construction equipment manufacturers responsible for defective products
There might be one person liable for your injuries, or there could be multiple. That’s why it’s crucial to take the time to review all of the details of your accident and identify every at-fault party. Speak to an experienced construction accident attorney to protect your rights.
Don’t delay however as an immediate investigation of your accident is necessary to gather and preserve evidence of fault and injuries.
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What Types of Construction Accident Damages Can a Subcontractor Claim?
If you are injured at a construction site and the accident was the result of negligence, subcontractors have the right to demand fair and reasonable monetary compensation for each and every type of injury that he or she sustained.
Injuries are usually categorized as either economic and non-economic losses. Economic damages include all financial losses the subcontractor incurred, including:
Medical expenses like hospital bills and prescription medication costs
- Ongoing care coverage for future injury treatments
- Lost wages and benefits due to missed work
- Diminished earning capacity if your injuries prevent you from returning to work
- Transportation costs and other out-of-pocket expenses
Non-economic damages are intangible losses sustained due to your accident injuries. In a personal injury lawsuit, you can pursue compensation for:
- Pain and suffering
- Loss of enjoyment of life
- Mental anguish
To ensure you receive a construction settlement or verdict covering all of your accident damages, partner with an experienced legal team. Personal injury lawyers will review your case, gather and preserve evidence that builds a strong claim, file all claims in a timely manner, and negotiate a fair settlement from the responsible insurance company.
Without an attorney in your corner, you risk receiving less than your construction site injuries deserve.
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Construction Accident Lawyers Help Subcontractors Receive Fair Settlements and Jury Verdicts
To recover damages for personal injuries as a subcontractor, you must first prove that the liable party’s negligence resulted in your losses. An injury attorney does this by establishing:
- Duty of care: The responsible party had a duty to maintain a safe construction site for all workers and subcontractors.
- Breach of duty: The at-fault party acted negligently, therefore breaching their duty of care.
- Causation: The responsible party’s negligence resulted in your construction accident injuries.
- Damages: Your injuries caused you to incur financial, physical, or emotional losses.
Once your lawyer establishes negligence, they collect evidence to build your case and prove how the liable party caused your damages.
If you have been injured at a construction site you may have the right to bring a personal injury lawsuit against negligent parties. Don’t try to resolve your claim without experienced legal advice. After a construction site accident, partner with the skilled construction accident lawyers at Dansker & Aspromonte Associates LLP.
Our lawyers have been fighting for injury victims just like you since 1988. Call today for a free case consultation. Even if you are not sure whether you have the right to bring a claim, speak to one of our lawyers to know your rights.
Don’t delay as there are deadlines that limit your rights. If you fail to bring your claim by the deadline, you may be forever barred from recovering the compensation you deserve.
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