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What if My Employer Is Not the Only One at-Fault for My Construction Accident Injury in Indiana?

Aug 13, 2021 | Workers' Compensation


Construction sites are inherently dangerous places to work and construction site workers are always under a great risk of serious injury. Due to the heavy machinery and dangerous equipment involved, these injuries can cause severe physical harm and even lead to death. The Occupational Safety and Health Administration reports that around 20 percent of worker deaths in private industry are construction accidents.

An injured construction worker can file a workers’ compensation claim to receive some compensation. However, in some cases, the employer is not the only person at fault for a construction accident. If a third party also had a role to play in the accident, the victim may be able to claim compensation from them as well.


What Is a Third-Party Liability Claim?

A third-party liability claim arises when a person other than the victim’s employer is also liable for the construction accident. In such a case, the injured construction worker can file a claim against the third party at fault for the accident. Some examples of third-parties that can cause a construction accident include:

Equipment Manufacturer

If the worker is injured because of a faulty piece of equipment, they can seek compensation from the person or company that manufactured the equipment. 


A subcontractor may contribute to the cause of a construction accident if they fail to provide adequate safety equipment and information. If unsafe working conditions cause an accident, the victim can claim damages from the subcontractor.

Fellow Employees

In some cases, a fellow worker’s negligence can cause an accident at a construction site. For instance, if one employee drops a heavy object from a substantial height, it can injure a fellow worker. In such cases, the victim may be entitled to receive compensation from his or her fellow employee if negligence can be shown.

Through a third-party liability claim, construction accident victims can claim damages that are above and beyond the workers’ compensation claim.


When Can One File a Third-Party Liability Claim?

A third-party claim can be filed when businesses or individuals other than the victim’s employer had a role in causing the injury. For this, the victim needs to establish negligence on part of the third party. Negligence can be established if the victim can prove that:

  • A duty of care was owed to the victim by the third party
  • The said duty of care was breached by the third party
  • The breach of duty caused injuries to the victim

For example, a slip and fall accident that happened due to poor work done by a janitorial company may lead to a third-party claim against them.


How a Construction Accident Attorney Can Help

Multiple parties may be involved in a construction accident. A construction attorney can help you pin down the liability for the accident by investigating your case and collecting information and other evidence from the construction site. An attorney can also help you by getting in touch with eyewitnesses and experts to build a case to win you the highest possible compensation. 


Get in Touch With an Indiana Construction Accident Attorney

If you have suffered injuries from a construction accident and believe that it was caused by a third party, get in touch with our team of seasoned construction accident attorneys at Stewart & Stewart. Our hardworking personal injury lawyers will evaluate your case and fight for the compensation that you deserve.

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If you have been involved in an Indiana personal injury accident, contact us at Stewart & Stewart Attorneys. Our Indiana personal injury lawyers represent victims throughout the state, including Carmel and Anderson. We have also successfully advocated for clients throughout the area, including Fort Wayne, Gary, Indianapolis, South Bend. Complete a free online consultation form or call us at (800) 33-33-LAW!

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