Whom Can You Sue After Sustaining Injuries On A Job Site?
Construction zones are notoriously dangerous. Even if you take all the recommended precautions for increasing safety, you cannot rely on the other workers around you to do the same.
As a result, you could end up tripping over debris that someone forgot to clean up, falling through damaged scaffolding that another party failed to block off, or getting struck by an object that the worker above you dropped. Unfortunately, if you do end up sustaining injuries on a job site, pursuing damages can be challenging because workers’ compensation will come into play.
In the state of New Mexico, employers must have workers’ compensation coverage for all employees who engage in construction-related activities. This coverage provides certain benefits to cover lost wages, medical bills, and vocational training following a work injury; however, it does not compensate injured workers for future medical bills and rehabilitation costs, loss of earning capacity, diminished quality of life, or pain and suffering.
Workers’ compensation serves to limit an employer’s liability while still compensating an employee for injuries sustained on the job. For individuals who sustain debilitating injuries, though, workers’ comp benefits are not enough to protect their financial security.
If you were hurt on a job site and your workers’ comp claim was denied or you think the incident warrants a personal injury claim, turn to The Law Office of Brian K. Branch. An Albuquerque construction accident lawyer on our team will assess your case to determine if you have valid grounds for a lawsuit. Call 505-207-4401 to schedule a free case evaluation.
Read on to learn whom you may be able to sue following a construction accident:
An Independent Contractor
Typically, you cannot file a personal injury claim against your employer for injuries sustained in a work accident; however, you may be able to file a lawsuit if another party was directly responsible for your injuries. At any given time, there might be a dozen different contractors on a single job site, ranging from plumbers and electricians to masons and steel workers.
If your injuries occurred as the direct result of another party’s negligence and you do not have an employer/employee relationship with them, you may be able to pursue a personal injury lawsuit against them.
An Equipment Manufacturer
When defective equipment causes serious injuries on a construction site, the employees who have been affected may be able to file a products liability claim against the manufacturer. The third party responsible for maintaining the equipment may also be partially liable for any damages you incurred as the result of an equipment malfunction.
Your Own Employer
In rare cases, it may be possible to file an injury claim against your employer. When it comes to workers’ compensation claims, fault does not typically play a role; however, if your employer intentionally engaged in conduct that was grossly negligent and violated safety regulations as determined by the Occupational Safety and Health Administration, you may actually be able to bypass workers’ comp limitations and sue for damages.
If you were hurt in a construction accident and cannot return to work as a result, turn to The Law Office of Brian K. Branch to determine the best way to protect your financial security. With a combined 32 years in legal practice, our attorneys have the experience and professionalism to help you through this tough time and get you fairly compensated.
Call 505-207-4401 to schedule a free consultation with a construction accident attorney in Albuquerque. You can learn more about workers’ compensation in New Mexico by visiting USAttorneys.com.
By Brian Branch|2023-01-04T21:35:11+00:00October 6th, 2017|personal injury|Comments Off on Whom Can You Sue After Sustaining Injuries On A Job Site?