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Most construction workers have access to workers’ compensation insurance as a benefit of employment, so for the most part, financial recovery for construction site accidents runs through the state workers’ compensation system. However, if a contractor, equipment manufacturer, or other third party bears some liability for this kind of incident, anyone injured as a result may be able to pursue a separate civil claim against them.
Pursuing civil litigation for injuries related to construction work can be a complicated and lengthy process, and it is not one you want to go through without a knowledgeable personal injury attorney by your side. With help from a qualified Athens construction site accident lawyer, you could significantly boost your odds of getting a good case outcome and recovering the compensation you deserve.
While construction companies may seem like the most obvious defendant to name in a construction site accident lawsuit, they almost never factor into these kinds of claims in reality. That is because any construction company that provides workers’ compensation coverage to their employees—in other words, virtually every construction company in Alabama—gains immunity from civil liability for worksite injuries and illnesses, in exchange for covering certain losses through workers’ comp regardless of fault for the accident in question.
However, this immunity only applies to an injured worker’s employer and to parties directly affiliated with that employer, such as other employees. If an independent contractor or employee of another company acts irresponsibly on a job site and causes an accident as a result, that contractor—or their employer or insurance provider—could be the subject of a third-party tort claim.
Likewise, poorly constructed scaffolding, malfunctioning construction equipment, and even safety equipment failures could impose civil liability on someone or some company other than an employer. An Athens construction site accident attorney could go over a construction worker’s unique circumstances with them and determine whether they could potentially pursue a third-party claim.
Of course, having the legal right to file suit against a negligent person or entity does not guarantee that lawsuit will result in fair compensation. To start, third-party construction site accident cases generally revolve around legal negligence just like auto accident cases, slip and fall cases, and other types of personal injury claims. This means that in order to compel a named defendant to actually pay up for an accident, a plaintiff would have to prove that they violated a duty of care in a way that directly caused their compensable losses—a requirement that does not apply to workers’ comp claims.
On top of that, insurance companies in every industry are notorious for fighting as hard as they can to avoid paying out on even valid claims supported by extensive evidence, and insurance providers for construction companies and contractors are no different. Once retained, a construction site accident attorney in Athens could lend their experience towards collecting comprehensive evidence of fault, proving the extent and financial value of damages, and negotiating with insurers for a fair settlement offer.
While workers’ compensation can help cover the economic impacts of construction site injuries, it does nothing to help injured workers deal with the personal and emotional impacts of their condition. Fortunately, if you can prove a third party other than your employer bears some degree of fault for your injuries, you may be able to hold them financially accountable for all losses not covered by workers’ comp, and potentially even some that are.
A knowledgeable Athens construction site accident lawyer could guide you step by step through the litigation process and help you pursue fair financial recovery. Schedule a consultation by calling today.
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In Alabama a personal injury claim or lawsuit must be filed within two years of the accident. In other words, if someone was injured on November 30, 2020, the deadline to file your personal injury claim or lawsuit is November 30, 2022.