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Filing Third-Party Claims for Construction Site Accidents

Despite the strict safety regulations enforced on construction sites, workers can suffer serious injuries on the job. Whether due to hazardous work practices, defective equipment or tools, or a negligently managed site, construction workers risk leg and limb every day to build our homes, stores, schools, and offices.

Fortunately, construction workers who are injured on the job may be eligible for compensation from their employers and potentially other parties. You cannot sue your employer for injuries you suffered while on the job, but you can file an Illinois workers’ comp claim. Workers’ comp will cover your medical bills and lost wages.

Workers’ comp claims help injured employees from all industries cover their necessary medical costs. Unique to construction site accidents, however, is the involvement of third parties, or other companies working on the same site as you. You may also be able to file a third-party claim against any other parties that contributed to your accident. The compensation you receive from such a claim could cover your losses beyond what workers’ comp would cover, and your employer might even be able to recover a portion of your workers’ comp benefits.

A third party claim is a claim against a company or person—such as other contractors working on your site—whose negligence or strict liability was the proximate cause of your injury. Third party claims are relatively common in construction site accidents because construction sites typically have several companies or contractors working on the same project. You could also file a third party claim against a manufacturer if a defective product caused your injury.

Third-party claims can be complicated because many pieces of documentation—such as contracts, releases, and agreements—must be obtained and reviewed to determine liability correctly. So, if you have been injured on a construction site, notify your employer right away to file a workers’ comp claim, but you should also speak with an attorney about the potential for third-party claims.

To ensure you receive fair compensation for your losses from all responsible parties, consult with an Arlington Heights construction accident lawyer as soon as you can. You only have a short amount of time in which to file a third-party claim, which is called the statute of limitations. The sooner you file a claim, the better your chance of holding the liable parties responsible and receiving the compensation you deserve.

R.F. Wittmeyer

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