Can I Sue for a Construction Accident If I’m a Subcontractor?
Under certain circumstances, you may sue for a construction accident if you’re a subcontractor.
Whenever a construction accident happens to someone working at the time, a question will arise: Do I pursue a workers’ compensation claim, or can I sue? A
construction accident lawyer can review your case and help you make this decision.
When Can a Subcontractor Sue for a Construction Accident?
A subcontractor may pursue a lawsuit when their injuries are the fault of someone other than a party with workers’ compensation insurance.
If a subcontractor suffers injuries in the ordinary course of their work, they may generally file for workers’ compensation benefits. However, if negligence by a third party who does not have
workers’ compensation insurance caused your injuries, you may have grounds to sue.
Examples of Circumstances That May Warrant a Lawsuit by a Subcontractor
Construction accident cases are rarely black and white. Generally, there is a detail-rich story behind each construction injury. To understand if you should sue, speak with an attorney as soon as possible.
That said, some general scenarios that may warrant a lawsuit include:
- A crane malfunctioning, dropping items from above that cause you injuries
- Scaffolding failing, causing you to fall and suffer injuries
- Electrical accidents that resulted from a faulty component
- A non-employee entering the construction site and causing an accident in which you sustained an injury
There are countless hypothetical scenarios, but what matters most are the details of your accident and injuries. These details will ultimately determine your damages and how you’ll pursue compensation for those damages.
What Injuries Can I Sue for as a Subcontractor?
You may sue for any injuries that resulted from a third party’s negligence.
So long as workers’ compensation insurance does not overrule your right to sue, you might seek compensation for:
There are near-endless threats to your health on a construction site. The
U.S. Bureau of Labor Statistics (BLS) explains that falls, slips, and trips are some of the leading causes of injury among construction workers, including subcontractors. These and other accident types can cause life-altering injuries, and such injuries may entitle you to financial recovery.
Damages That May Entitle an Injured Subcontractor to Compensation
Workers’ compensation claims generally result in limited financial benefits. A successful claim may cover a portion of your lost wages, some or all of your medical bills, and in some cases, professional retraining. You’ll need to review the specifics of a liable party’s insurance policy for further details, and a lawyer can help you.
Those who file a lawsuit can generally seek compensation for a broader range of damages, including:
- All medical costs: If you sue, you likely won't seek coverage for some of your medical bills you'll want coverage for all of them. Assuming that someone is entirely responsible for your injuries, that party may be liable for your medical expenses.
- Pain and suffering: The ability to seek compensation for non-monetary damages separates lawsuits from insurance claims. With a lawsuit, you can generally seek coverage for lost quality of life, emotional anguish, and other pain and suffering.
- Lost income (and other professional losses): Construction generally requires significant physical exertion, even for someone who has risen to a subcontractor. You can seek reimbursement for any income you lose while on the mend. You may also seek compensation for any bonuses, benefits, or promotions you lose while injured.
If you suffer any damages not listed here, your attorney may include them in your case for compensation.
Should I Hire a Lawyer After an Accident on a Construction Site?
It is the right decision to hire a lawyer after a construction accident.
Those who hire a lawyer:
- Don’t have to worry about the details or progress of their case, as an attorney will oversee both.
- Can spend all necessary time resting and recovering from injuries
- Can rely on the experience that their attorney has handling construction accident cases (ideally, the lawyer will have completed several similar cases successfully)
- Will not have to pay out of their own pocket to complete a case, as construction accident firms generally pay for all upfront expenses.
A subcontractor may hire a lawyer to handle their legal case because, quite frankly, that is what lawyers do. While a subcontractor may be highly qualified to manage the construction of a new building or development, the law may not be their forte. This alone is enough reason for you to hire a lawyer for your case.
What Are the Risks if I Choose Not to Hire a Lawyer?
There are several potential risks in choosing not to hire a lawyer. For one, you may worsen your physical and psychological injuries by taking on the stress of a lawsuit or insurance claim.
Other risks may include:
- That you quickly become overwhelmed by the responsibilities of your case (at which time you can still hire an attorney to take over, deadlines permitting)
- That your inexperience leads you to lose your case
- That you pay substantial out-of-pocket costs for your case and still lose
Never handle an insurance claim or lawsuit without a lawyer. Considering what is at stake should you lose. Ask whether you can mount a strong legal case or whether you're truly up to the task without a lawyer.
Call a Construction Accident Lawyer Today to Seek Financial Justice for Your Losses
An attorney can handle every step of your case for you. Whether you pursue a workers’ compensation claim or file a lawsuit, a
personal injury lawyer will gather evidence, identify liable parties, and seek a fair financial recovery.
Don’t wait to get a lawyer’s help. Your case may have firm filing deadlines, and you must act quickly. The right construction accident attorney can ensure you recover financially for your losses from all available sources, so never delay in starting the legal process.
