Third-Party Liability in Construction Site Injuries
At Gerstner Adam Law in Billings, Montana, we represent injured construction workers who deserve full and fair compensation after an accident. Workers’ comp provides essential benefits, but in some cases, additional compensation may be available through third-party liability claims.
Montana law allows injured workers to pursue claims against responsible third parties when their negligence contributes to a construction site injury. Understanding these legal options can make a significant difference in the financial recovery process.
Workers’ Comp and Third-Party Claims
Workers’ comp is the primary source of benefits for employees injured on the job in Montana. It covers medical expenses, wage replacement, and disability benefits, but it doesn’t provide compensation for pain and suffering or full lost earnings.
While workers’ comp benefits are crucial, they are limited and may not fully account for the impact of a severe injury.
A third-party liability claim is a separate legal action against a party other than the employer. These claims arise when another company, individual, or manufacturer contributes to an accident.
Unlike workers’ comp, third-party claims allow injured workers to seek additional damages, including pain and suffering and full wage loss. Pursuing both a workers’ comp claim and a third-party lawsuit can maximize financial recovery after a construction site injury.
Common Third-Party Liability Scenarios in Construction Accidents
Construction sites involve multiple contractors, subcontractors, and suppliers working together. This creates an environment where third-party negligence can contribute to injuries. Some common scenarios that may give rise to third-party claims include:
Defective equipment or machinery: If a manufacturer produces faulty equipment, such as defective power tools, scaffolding, or safety gear, they may be liable for resulting injuries.
Negligent subcontractors or vendors: When subcontractors fail to follow safety protocols, create hazards, or operate equipment unsafely, they can be held responsible for accidents.
Property owner negligence: If a property owner doesn’t maintain a safe worksite, leading to unsafe conditions, they may bear liability for injuries that occur.
Motor vehicle accidents: Construction workers who are struck by third-party drivers while on the job may have claims against the driver or their employer.
Toxic exposure: If workers suffer illness or injury from exposure to hazardous substances, manufacturers or suppliers of those materials may be liable.
Proving Third-Party Liability in Construction Accidents
To recover damages beyond workers’ comp, an injured worker must establish that a third party acted negligently and caused the injury.
This involves gathering evidence such as accident reports, witness statements, safety violations, and expert testimony. Unlike workers’ comp, which provides benefits regardless of fault, third-party claims require proving negligence.
We work to establish key elements in a third-party liability claim:
Duty of care: The third party had a responsibility to maintain safe conditions.
Breach of duty: The third party failed to meet safety obligations or provided defective products.
Causation: The negligence directly resulted in the worker’s injury.
Damages: The worker suffered financial loss, physical injury, or emotional distress as a result.
How Third-Party Claims Affect Workers’ Comp Benefits
An injured worker can pursue both workers’ comp benefits and a third-party lawsuit, but Montana law has rules regarding how these claims interact. Workers’ comp insurers have a right to reimbursement from third-party settlements to prevent double recovery.
This means if a worker receives compensation from a third party, a portion of that settlement may be used to repay the workers’ comp provider for benefits already paid.
However, pursuing a third-party claim often results in greater overall compensation. Workers’ comp does not cover non-economic damages like pain and suffering, but a third-party lawsuit can. By carefully structuring settlements, injured workers can retain as much compensation as possible while satisfying legal requirements.
Challenges in Third-Party Liability Cases
Third-party claims often involve disputes over fault, liability, and damages. Insurance companies and corporations aggressively defend against these lawsuits to minimize their financial responsibility.
They may argue that the worker’s own negligence contributed to the injury or that the employer bears full responsibility. This makes it essential to build a strong case with clear evidence linking the third party’s actions to the injury.
At Gerstner Adam Law, we work with medical professionals, accident reconstruction specialists, and industry safety professionals to strengthen claims. Construction injuries can have lifelong consequences, and workers deserve full compensation when third-party negligence plays a role.
Maximizing Compensation Through Legal Action
Workers who sustain serious injuries on construction sites should explore all available legal options. While workers’ comp provides important benefits, it often falls short of covering the full impact of an injury. Third-party liability claims offer an additional avenue for recovering damages such as:
Full wage loss, including future earning capacity
Pain and suffering
Loss of enjoyment of life
Medical expenses beyond what workers’ comp covers
Permanent disability or disfigurement compensation
By pursuing both workers’ comp and third-party claims, injured construction workers can secure a more comprehensive financial recovery.
Employer Liability vs. Third-Party Liability
While workers’ comp prevents employees from suing their employers in most cases, third-party claims are different. If a subcontractor, manufacturer, or other third party contributes to an injury, they may be held liable without affecting the employer’s legal protections.
Identifying whether an injury stems from employer negligence or a third party’s actions is crucial in determining legal options.
The Importance of Timely Legal Action
Montana law imposes deadlines on filing third-party liability claims. Injured workers should act promptly to gather evidence, document injuries, and consult legal professionals. Delays in filing a claim can weaken a case and limit potential compensation.
How Third-Party Settlements Impact Future Benefits
Settlements in third-party claims can affect ongoing workers’ comp benefits. If a settlement is structured improperly, an injured worker may lose eligibility for further benefits. Understanding how to balance both claims is essential for long-term financial security.
Seeking Compensation for Psychological Impact
Construction injuries can cause emotional and psychological distress, including PTSD, anxiety, and depression. Unlike workers’ comp, which has limits on mental health claims, third-party lawsuits allow workers to seek damages for emotional suffering. This can be critical in cases where injuries lead to long-term trauma.
Third-Party Liability in Fatal Construction Accidents
If a construction worker dies due to third-party negligence, surviving family members may file a wrongful death lawsuit. This can provide compensation for lost income, funeral expenses, and emotional distress. Unlike workers’ comp death benefits, wrongful death claims allow families to seek full damages for their loss.
Liability for Falls and Scaffolding Accidents
Falls from heights and scaffolding accidents are among the most common construction injuries.
When faulty scaffolding, lack of proper safety harnesses, or inadequate supervision by third parties contributes to an accident, the responsible party may be held liable. These cases often involve claims against property owners, contractors, or scaffolding manufacturers.
Defective Safety Gear and Equipment Claims
Construction workers rely on safety gear such as helmets, harnesses, gloves, and protective eyewear to prevent injuries. If defective or poorly designed safety equipment fails to protect a worker, the manufacturer may be liable for damages.
Proving these claims requires demonstrating that the equipment was defective and contributed to the injury.
Roadway Construction Site Hazards
Construction workers operating near roadways face risks from passing vehicles and hazardous conditions. When a third-party driver, equipment supplier, or negligent contractor creates an unsafe work environment, injured workers may have grounds for a third-party liability claim.
These claims can help workers recover compensation beyond what workers’ comp provides.
The First Steps
At Gerstner Adam Law, we help injured workers understand their rights and seek maximum compensation for their injuries. We’re proud to serve Billings, Montana, and the surrounding areas of Glendive, Miles City, and Sidney. Call today.