Third Party Work Accident Lawsuits
Construction workers arguably have one of the most dangerous jobs. They are required to operate complex equipment and machinery, climb to great heights on roofs and ladders, and carry heavy loads of materials, just to name a few risky duties. It has been reported that in Tennessee, 21 out of 124 work accident fatalities in 2014 were in the construction field, second to only the transportation industry. If you have been involved in a work accident at a construction site, you should contact the Memphis construction accident attorneys at Nahon, Saharovich & Trotz to discuss the accident, your injuries, and the various legal remedies that may be available to you. In addition to filing a workers’ compensation claim, you may be able to assert a third-party work accident lawsuit if someone other than your employer or a co-worker caused or contributed to your harm.Legal Remedies After a Construction Accident
Workplace accidents are common at construction sites. The first legal remedy that comes to mind after a work accident is workers’ compensation. In many situations, workers’ compensation may be the exclusive remedy available to you as an injured worker, particularly if the accident was not caused by the negligence or wrongdoing of another party. However, if someone else was responsible for your accident, you may be able to pursue a third-party claim against the responsible party. You can often pursue a third-party claim in addition to a worker’s compensation claim, and you may be able to pursue additional benefits, such as pain and suffering, that are generally not recoverable in a workers’ compensation claim.
Third-party work accident lawsuits can exist in numerous scenarios. Common examples include claims against negligent drivers, property owners, scaffolding companies, and equipment manufacturers. For instance, if a sub-contractor is working on a ladder or scaffolding that collapses due to a shaky foundation, a claim against the third-property owner may be asserted due to the dangerous condition of the premises.
In order to pursue a personal injury claim against a third-party, you will need to prove that party’s negligence caused or contributed to your accident and injuries. Suppose you are in the process of delivering some work materials to a job site when you are rear-ended by a drugged driver. In this scenario, you may have a workers’ compensation claim since you were injured during the performance of your job duties. However, you may also have a claim against the drugged driver who rear-ended you. If your airbag did not deploy as intended, a product liability claim may be asserted as well.
In a workers’ compensation claim, your recovery will be solely based on your injury and the extent of your vocational disability, if any. The workers’ compensation insurance will also cover your medical expenses and wage loss reimbursement pursuant to state law. In a third-party negligence claim, you will be able to pursue recovery for medical and prescription expenses, full lost wages, lost future earnings, pain and suffering, loss of consortium, emotional distress, and loss of enjoyment of life, among other elements of damages.
Doe to the complexity of third-party work accident lawsuits, you should contact an experienced attorney to assist you as soon as possible after your injury. An attorney will be able to guide you through the process and help to identify all potential claims and sources of recovery. In Tennessee, you only have one year from the date of injury to either settle your claim or to file a lawsuit against the third-party. Otherwise, your claim will expire, no matter how significant your injuries may be.Obtain a Free Consultation with a Memphis Attorney Regarding Your Construction Accident
If you have been injured in a construction accident, contact Nahon, Saharovich & Trotz today to speak with one of our personal injury lawyers. We understand the undue physical, emotional, and financial strain that can be placed on you after a work accident, and we want to make sure that you get all the compensation and benefits to which you are entitled under the law. For all of our clients, we investigate the circumstances surrounding their accident to identify potential third-party claims that could be asserted. Our firm has more than 25 years experience serving injured workers throughout Tennessee, Kentucky, Missouri, Arkansas, and Mississippi, including in Memphis, Chattanooga, Knoxville, Nashville, Caruthersville, Hayti, Oxford, Starkville, Corinth, Columbus, Tupelo, Meridian, Jackson, Little Rock, and Jonesboro. Call Nahon, Saharovich & Trotz at 800-529-4004 or complete our online form today for a free consultation. Whether your third-party claim involves an auto accident or slip and fall, NST is the way to go.