What is a Third-Party Construction Accident Claim?
Construction site accidents can result in serious injuries that leave workers unable to work for months or years after an injury. If you become injured at your construction job, workers’ compensation often isn’t enough to cover all your regular bills and expenses. You might be able to file a third-party construction accident claim against a negligent third party that caused or contributed to your injuries.
What to Do After a Construction Site Accident
If you’ve suffered injuries in an accident at the construction site where you work, you need to respond quickly. Follow these steps after an accident:
- Get appropriate medical care. You should call 911 and get immediate treatment for a serious injury. However, less serious injuries may require you to get a list of approved providers from your employer or workers’ compensation insurance company.
- Report the accident to your employer. You need to file a formal incident report with your employer within 30 days to receive workers’ compensation benefits.
- Gather evidence at the scene. If you don’t need to leave in an ambulance, try taking pictures of the scene and getting contact information from any potential witnesses.
- Contact a construction accident lawyer. While many states, such as New Mexico, require employers to carry workers’ compensation insurance, Texas does not require employers to carry workers’ compensation insurance. Even if your employer has workers’ comp coverage, the insurance company might try to deny or devalue your claim. An attorney can help you represent your claim with the insurance company or in court.
- Maintain your records. Keep copies of all medical records and communications, communication with your employer, pay stubs from before the incident, all workers’ compensation communications and documentation, and records of your expenses for medical travel and treatment.
Was Your Employer the Only Party Responsible for Your Construction Site Injuries?
If your employer has workers’ compensation insurance, you may not be able to file a lawsuit against them. However, your employer may not have been the only party responsible for your injuries. You might have a third-party construction accident claim if other parties contributed to your injuries, including:
- The construction site property owner
- A defective product manufacturer
- Another contractor or subcontractor working at the construction site
- Architects or engineers who failed to design safe plans
How a Construction Accident Attorney Can Help
When you can’t work due to a workplace injury on a construction job, how do you pay your bills and your medical expenses? Your attorney can help you pursue the maximum value from a workers’ comp claim or injury lawsuit. Your construction injury attorney can help by:
- Speaking with the workers’ comp representatives on your behalf
- Determining third-party liability for your injuries
- Filing the appropriate forms and documentation with the Division of Workers’ Compensation or in court
- Gathering evidence and witness statements to reconstruct the events of the accident
Contact an Experienced Construction Accident Attorney
Third-party construction accident claims are complex. You need an experienced construction accident attorney on your side.At Fadduol, Cluff, Hardy & Conaway, P.C., we’ve helped clients across Texas and New Mexico with construction accident claims since 1984. Call us today at 866-506-3678 or contact us online to schedule your free consultation with a construction injury lawyer.