Third Party Claims

Kingston Construction Accident Attorneys

Despite various safety guidelines, inspection procedures, and protocols to ensure construction sites are kept safe, accidents still occur. Regardless of the industry, people injured on the job are generally restricted to workers' compensation benefits, allowing the injured person to recover benefits promptly and employers to avoid litigation.

However, if you were injured due to the negligence of someone other than your employer or a co-worker, you may the right to file a third party liability personal injury lawsuit against them. At Mainetti, Mainetti & O'Connor, P.C., our Kingston construction accident lawyers offer in-depth knowledge of construction industry practices and unmatched aggressive legal styles, making us one of the most successful construction accident law firms in the Hudson Valley.

Call (845) 340-4878 or contact us online to schedule a consultation.

A third party construction accident claim is in addition to your workers' comp claim and is generally a larger source of compensation. It is essentially like any other personal injury claim, and the following elements need to be met:

  • Demonstrate that the defendant had a duty to observe or protect your safety
  • The defendant breached that duty and endangered your health and safety
  • You suffered an injury in some form
  • Your injuries were caused by the negligence of the defendant

Third Party Claims

Third party actions in construction injury lawsuits can be based upon any traditional theory of negligence, including:

  • Personal injury: A worker falling through a hole on the floor at their job is an example of a personal injury claim. The worker would have to show that their employer owed them a duty of care, that they failed to provide the basic elements to ensure their safety, and that their injuries were the direct result of the employer’s breach of this duty.
  • Products liability: If the construction injury was caused not by negligence, but by a defective product, the worker may be able to bring a products liability claim against the manufacturer, distributor, or seller of the product.
  • Wrongful death: If a worker is killed on a construction site because of the negligence of a third party, their family members may be able to bring a wrongful death claim against the negligent party.

All of these third-party negligence actions can be brought simultaneously with a workers’ compensation claim. However, unlike a workers’ compensation claim, in which there is no fault, if you bring a third-party negligence claim, you are required to prove fault. If you have been injured on a construction site and believe you may have a negligence claim against a third party, please contact our Kingston construction accident attorneys at Mainetti, Mainetti & O'Connor, P.C. We can help you recover compensation for medical bills, lost wages, and pain and suffering.

Call (845) 340-4878 or contact us online to schedule a consultation. We are available 24 hours a day to speak with you.

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