Construction sites are busy and often dangerous places. Workers use heavy machines, climb tall ladders, and deal with sharp tools. It’s no surprise that construction work leads to many injuries each year. In fact, according to the Occupational Safety and Health Administration (OSHA), one in five worker deaths in the U.S. happens in construction. However, when someone gets hurt on the job, they may not know all their legal options, especially when a third party is at fault.
Hackensack is home to many active construction sites, with multiple teams and contractors working on complex projects. The risks are real, and knowing your legal rights in a city like Hackensack can make a major difference after an injury.
When a person is hurt on a construction site, they often think about workers’ compensation. This can help cover medical bills and part of the wages they lose while recovering. But workers’ comp has limits. It doesn’t cover things like pain and suffering. That’s why injured workers should talk to construction site lawyers in Hackensack to learn about something called a third-party claim.
What Is a Third-Party Claim?
A third-party claim is a legal case against someone other than your employer. It happens when someone else’s carelessness causes the accident. For example, if a tool breaks because the maker didn’t design it right, the injured person can sue the company that made it. This differs from workers’ comp, which only involves the worker and their boss.
Third-party claims allow workers to get more money than workers’ compensation does. Workers can ask for full lost wages, pain and suffering, and even future costs if the injury affects their lives long-term.
When Do Third-Party Claims Happen?
There are many times when third-party claims come up in construction accidents:
- Defective Equipment: A machine doesn’t work as it should, and someone gets hurt.
- Unsafe Property Conditions: Property owners don’t fix a broken railing or clean up a slippery surface.
- Negligent Subcontractors: Another team on the site leaves tools lying around or doesn’t follow safety rules.
- Vehicle Accidents: A delivery truck crashes into a worker on the job site.
In each case, the injured person can file a third-party claim if the other party was at fault.
What Needs to Be Proven?
To win a third-party claim, the injured person must show that the third party was negligent. This means they did not act safely or carefully. Four things need to be proven:
- Duty of Care: The third party had a responsibility to act safely.
- Breach of Duty: They did not fulfill that responsibility.
- Causation: Their actions directly caused the injury.
- Damages: The injured person suffered losses, such as medical bills or time away from work.
Good evidence helps build a strong case. This can include photos, video footage, medical records, and witness statements. Experts may also explain what went wrong.
What Can You Get from a Third-Party Claim?
A third-party claim can help injured workers in many ways. They might receive:
- Payment for medical expenses (past and future)
- Full lost wages
- Pain and suffering
- Loss of earning ability if they can’t return to the same job
- In rare cases, punitive damages may be awarded if the other party is careless.
These benefits can be much greater than what workers’ comp offers.
Things to Keep in Mind
Handling both a workers’ comp case and a third-party claim at the same time can get tricky. For example, if the injured person wins money in a third-party case, they may have to pay back part of what workers’ comp gave them. This is called subrogation.
Also, every state has a time limit to file a third-party claim. In New Jersey, this is usually two years from the accident date. That may sound like a long time, but building a case takes time, so it’s best to act quickly.
Another thing to remember is that many construction sites have many teams working at once. This makes it harder to determine who caused the accident. A skilled lawyer can help.
Why Legal Help Matters
Third-party claims are not simple. A lawyer who knows about construction accidents can help determine who was at fault, gather the proper evidence, and work with the workers’ comp insurance and the third-party case. This can make a big difference in how much compensation a person gets.
Wrapping Up with a Bow!
Getting hurt on a construction site is serious, and workers’ comp may not be enough. If someone else caused the injury, a third-party claim can help cover all the losses. Understanding your rights and the steps involved in getting the full help you deserve is essential.
