When Someone Other Than Your Employer Is Responsible for Your Construction Accident
Your recovery under the South Carolina Workers’ Compensation Act may only be the beginning of your right to compensation. If you or a loved one sustained an on the job construction injury as the result of the negligence of a third party, someone other than your employer, you may have a third party claim for compensation, including wrongful death.
Construction Accidents That May Arise From Third Party Negligence include:
- Collapses or falls including scaffold collapses, ladder falls and crane collapses
- Falling materials or debris
- Faulty or unsafe equipment
- Defective tools
- Chemical explosions
- Forklift accidents
When an accident arises from insufficient safety measures, the owners, architects, general and subcontractors, and equipment manufacturers can all be held accountable.
Contractor Liability for Safety Measures
General and subcontractors are also obligated to warn of the potential hazards on the construction site, coordinate safety policies, and ensure that those specifications are followed. Manufacturers of construction equipment are accountable for designing as well as maintaining safe products. Many construction accidents occur because of defective or dangerous products. When the proper safety methods are not followed, the possibility of injury and death increases exponentially.
Establishing Liability on a Third Party
For third-party liability claims, injured workers need to prove that a third party was negligent.
This means you have to show:
- An accident took place;
- The third party unreasonably caused the accident, or failed to take actions that led to the accident;
- That your injuries were caused by the accident;
- Your injuries were foreseeable.
Why You Need a Lawyer
Workers compensation claims can be extremely complex, especially when you add a third party. If you have been injured on a construction site, we will investigate all possible avenues for recovery, including a third party claim for negligence, defective products, or even wrongful death. Immediately after being retained, the Strom Law Firm, LLC will get to work to ensure that your employer has been properly notified of your work related injury and that you are receiving proper medical treatment. Leave the heavy lifting to us while you focus on recovering. You could obtain compensation for: pain and suffering, medical bills, lost wages, medical treatment, and more.
Call Today for a Free Consultation
If you or a loved one was injured on the job in an accident, we will fight for fair compensation In the event of a work related death, we will fight for full death benefits under the South Carolina workers’ compensation Act. The Strom Law Firm, LLC understands the impact that a work related injury or death has upon you and your loved ones. The most important thing you need to focus on is a speedy recovery. You need an advocate who will seek justice on your behalf. Contact one of the workers’ compensation attorneys at the Strom Law Firm, L.L.C. for a free consultation to discuss your legal rights. 803.252.4800.