Construction projects involve numerous entities, each bearing responsibility for ensuring workplace safety. Third parties, including subcontractors, vendors, and site visitors, may be exposed to various hazards and inadequate safety measures, leading to potential injuries or other harm. If you’ve suffered injuries in a Lumberton, TX construction site accident, a lawyer can help you seek compensation for your losses.
The Texas construction accident lawyers at Carabin Shaw are skilled in personal injury law, and they dedicate themselves to holding liable parties accountable for your injuries. Nobody should have to pay for someone else’s mistake, which is why our team works tirelessly to make sure you see justice. Call our toll-free number today at 800-862-1260, and set up an appointment for a free case review. We have English- AND Spanish-speaking staff available to take your call 24/7.
What Is a Third-Party Construction Site Accident?When people think of construction site injury lawsuits, they often think of a construction worker hiring an attorney and suing his employer, the construction company. Third-party construction site accidents occur when a person endures harm on the work site but does not have an employer-employee relationship with the construction company.
Third-party claimants in a construction site accident may include:
Examples of third-party construction site accidents might include a subcontractor who suffers injuries because of hazardous materials on the work site. A vendor could be visiting the site and get struck by a falling object. Hiring a construction site accident attorney in Lumberton TX allows third parties to hold accountable the people responsible for the hazard.
The Difference Between First- and Third-Party ClaimsThe relevance of a third-party claim is that an employer cannot use a workers’ compensation (WC) policy to cover the person’s injuries in most cases (some WC policies cover subcontractors). As such, the employer is susceptible to a personal injury lawsuit in civil court. In cases involving commercial liability insurance, the third party files a third-party claim with the head contractor’s insurance company.
Damages in a Third-Party Construction Site ClaimWorkers’ compensation claims only cover monetary losses, such as income, medical, burial, and death benefits. However, third-party personal injury lawsuits include the following economic and noneconomic damages:
The court may also award punitive damages in cases of gross negligence. Lumberton TX construction site accidents handled in civil court as opposed to via a workers’ compensation policy often result in higher monetary awards, which offers more comprehensive compensation to the victim.
Assigning Liability to a Contractor in a Third-Party Construction LawsuitThe contractor may not be the only liable party in third-party construction site accidents, but this is typically the starting place when it comes to liability claims in construction cases. Texas’s Civil Practice and Remedies Code uses the notion of proportionate responsibility to hold all liable parties accountable for injuries sustained in an accident.
Therefore, the court may hold the contractor liable for injuries caused by employer and employee negligence, but it may also hold others proportionately responsible for damages. If the plaintiff is partially at fault, the court will reduce damages, and the plaintiff cannot receive compensation if their fault is more than 50%. This is one reason a skilled lawyer is beneficial in cases involving multiple at-fault parties.
The Best Construction Accident Legal Team in Hardin County, TX - Call Carabin Shaw Today! Free Case Review!Hiring a trustworthy legal team to seek fair compensation for your losses allows you to stop worrying about your financial losses and focus on recovery from your injuries. At Carabin Shaw, we take the stress out of the legal process. We offer our services on a contingency fee basis. We know you already have enough to worry about during this time, so you don’t pay us unless we win your case! If you’re still undecided about the help we can offer, we encourage you to read our client reviews. Find out why we are the preferred choice for legal counsel in Lumberton, TX.
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