Construction Accidents: Addressing the Role of Third-Party Contractors

The construction industry can be dangerous. According to the U.S. Occupational Safety and Health Administration (OSHA), construction has some of the highest rates of workplace fatalities. Construction site injuries can involve falling objects, electrocution, or defective equipment.

When someone is injured in a construction accident, the construction accident claim can depend on whether the injured worker is an employee or a third-party contractor. Workers’ injuries are usually covered by workers’ compensation insurance. Independent contractors may be able to file a personal injury claim to recover money for their injuries.

If you have questions about liability in a construction site accident, talk to a construction accident lawyer for legal advice.

Who Are Third-Party Contractors in Construction?

There are lots of people involved in a construction project. Worksites are busy with the construction team, employees, general contractors, subcontractors, vendors, government inspectors, and others. It can be difficult to tell who is who on a job site.

Generally, anyone doing work on a construction site that is not with the construction company can be considered a third-party contractor. Employees in a construction company may have different jobs and report directly to their employer.

A third-party contractor generally performs limited work on a project, such as an electrical contractor to handle the specialized electrical system installation. Other subcontractor specialties include plumbing, landscaping, and concrete work.

How Is an Employee Different From an Independent Contractor?

A worker is covered by workers’ compensation laws for most workplace accidents. When an employee suffers serious injuries on the job, they can get workers’ compensation benefits to pay for their medical expenses and lost income. A workers’ comp claim is generally a simpler process than a third-party claim. Injured workers don’t have to prove negligence, only that the injury was work-related.

An independent contractor is legally not an employee. Even if the contractor or subcontractor is doing similar work, they have different legal rights and protections. However, just because the construction company is calling someone an independent contractor doesn’t mean they might not be an employee.

Some companies try to classify workers as independent contractors because employees receive more legal protections than contractors. It can be up to a court to decide when a worker is an employee or a contractor, depending on state law. Factors in determining employee or contractor status include:

• Company control over how the worker does their job
• Worker independence and flexibility
• Financial aspects of the job
• Type of relationship, contracts, and benefits

Who Is Liable for Injuries to Construction Contractors?

If you are a third-party contractor and are hurt in a construction accident, the party responsible for the accident may be liable for damages. The responsible parties in a construction accident can include:

• Property owner
• Construction worker
• Construction company
• Equipment manufacturers

In most personal injury cases, liability is based on negligence. If someone had a duty of care to you to maintain a safe workplace, breached their duty of care, and caused you harm, they could be legally responsible for damages.

For example, construction practices require workers installing scaffolding to follow certain safety regulations. If you were walking on scaffolding that collapsed because of negligent installation, you could file a personal injury claim against whoever was responsible for the scaffolding.

How Can a Construction Accident Lawyer Help?

Injured construction workers can file a workers’ compensation claim to pay for medical bills and get money for lost pay. If the construction company tries to deny workers’ comp because they claim you are a third-party contractor, your attorney may be able to prove that you qualify as an employee under state law.

If you are indeed a third-party contractor and are hurt in a construction accident, a construction accident attorney can file a third-party lawsuit on your behalf for damages. Damages in a construction accidentinjury claim can include:

• Medical bills
• Loss of income
• Future medical needs
• Emotional distress
• Pain and suffering

If a loved one dies in a fatal construction accident, a personal injury lawyer can help your family seek compensation in a wrongful death lawsuit. An attorney can make sure the insurance company and at-fault parties pay for their negligence. Family members can recover money for loss of support, lost benefits, funeral expenses, and burial costs.

If you have questions about third-party liability in a construction accident case, talk to a construction accident lawyer about your legal options.