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Are Third-Party Construction Accident Claims Possible?

Construction sites can’t eliminate all the ways a worker might suffer an injury. Falling from a ladder, tripping over an object, cutting oneself with a power tool, or experiencing an electrical shock reflect only a handful of the ways someone may suffer harm on a Wisconsin site. Filing for workers’ compensation represents one way to procure financial support while unable to work. In some instances, a third-party lawsuit may also be possible.

Third-party claims and workers’ compensation

Outside of narrow circumstances, filing for workers’ compensation provides an alternative to suing an employer for an injury. Also, Wisconsin’s no-fault system eliminates the need to prove negligence. So, if a worker slipped off a ladder due to his or her fault, filing a claim remains an option.

What if the ladder broke apart? Someone might be negligent, and a third-party retail store provided the ladder that day, then the store might be liable for selling a defective product. A worker could sue the store for damages via a third-party lawsuit. Third-party lawsuits, essentially, involve claims against negligent parties that are not the employer.

The impact of third-party injury claims

The main point about third-party claims centers on the potential to receive payments from workers’ comp while suing the third-party for damages. The third-party has nothing to do with the workers’ compensation insurance agreement since they are not the employer.

Third-party claims could take many forms. Besides product liability cases, auto accidents, physical assaults, and other causes of injuries may lead to negligence lawsuits. Contractors, visitors, manufacturers, repair companies, and various other third-parties may end up named in a third-party suit.

With construction accidents, workers’ compensation might not cover all of an injured worker’s losses. Therefore, filing a lawsuit might be necessary to recover damages. An attorney could assist someone dealing with injury-related legal concerns.

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