Construction sites are among the most dangerous workplaces in the United States, including in Kentucky. Workers face daily risks from heavy machinery, hazardous materials, and high elevations. While employers are required to provide workers' compensation for injured employees, this coverage is often limited, only providing medical benefits and partial wage replacement. What many workers don’t realize is that they may have another legal option: filing a third-party lawsuit.
A third-party lawsuit allows an injured worker to seek additional compensation beyond what workers' compensation provides. Unlike workers' compensation claims, which do not require proving fault, third-party claims hold another party—other than the employer—legally responsible for their negligence.
This article will explain how third-party lawsuits work after construction accidents in Kentucky, the potential parties that may be liable, and how you can seek legal help to maximize your compensation.
What Is a Third-Party Lawsuit in a Construction Accident?
A third-party lawsuit is a legal claim filed against an entity other than the injured worker’s employer. These lawsuits can be pursued when a party’s negligence or wrongful actions contribute to the accident. Common third-party claims in construction accidents include:
- Defective Equipment Claims: If a tool or piece of machinery malfunctions due to a design flaw or manufacturing defect, the manufacturer or distributor may be held liable.
- Premises Liability Claims: If a worker is injured due to unsafe conditions on a job site owned by a third party, such as a general contractor or property owner, they may be responsible.
- Negligent Subcontractors or Vendors: If another company working on the site (not your employer) acted negligently and caused your injury, they may be liable.
- Vehicle Accidents: If a worker is struck by a negligent driver while on the job, a claim can be filed against the driver and their insurance.
Unlike workers' compensation claims, third-party lawsuits can provide compensation for pain and suffering, full lost wages, and other damages that workers' compensation does not cover.
Kentucky Laws Governing Third-Party Lawsuits
Kentucky law allows injured construction workers to file third-party lawsuits under certain conditions. Here are some key legal points to be aware of:
Statute of Limitations
In Kentucky, there are strict deadlines for filing a lawsuit. The statute of limitations for personal injury claims is one year from the date of the accident (Kentucky Revised Statutes § 413.140). However, for product liability claims, the time limit is one year from the date of injury or three years from when the injury was discovered (KRS § 411.310). Missing the statute of limitations will likely result in you being unable to recover compensation.
Comparative Negligence Rule
Kentucky follows a pure comparative negligence system (KRS § 411.182). This means that even if you are partially responsible for your injury, you can still recover damages. However, the compensation you are rewarded will be reduced by the percentage of fault assigned to you. For example, if you are found to be 20% at fault for an accident, your final compensation award will be reduced by 20%.
Workers’ Compensation vs. Third-Party Claims
Workers’ compensation laws prevent employees from suing their direct employer for negligence. However, this does not prevent lawsuits against third parties who may have contributed to the accident. If another company or individual caused your injury, you have the right to pursue a claim against them while still receiving workers’ compensation benefits.
Compensation Available in a Third-Party Lawsuit
When you file a third-party lawsuit, you can seek damages beyond what workers' compensation provides. This includes:
- Medical Expenses: Full coverage for current and future medical treatment.
- Lost Wages: Compensation for wages lost due to your injury.
- Loss of Earning Capacity: If your injuries prevent you from returning to your previous job, you may receive compensation for future lost earnings.
- Pain and Suffering: Compensation awarded to you for the physical pain you suffer, as well as emotional distress caused by the accident.
- Punitive Damages: If the third party’s actions were reckless or intentional, Kentucky law allows courts to award punitive damages as a punishment.
How to Prove a Third-Party Claim in Kentucky
To successfully file a third-party lawsuit, you need to prove the following elements:
- Duty of Care: The third party had a legal responsibility to maintain safety.
- Breach of Duty: They failed to meet this responsibility due to negligence or misconduct.
- Causation: Their actions directly caused your injury.
- Damages: You suffered actual losses (medical expenses, lost wages, pain and suffering, etc.).
Proving these elements often requires substantial evidence, including accident reports, witness statements, expert testimony, and medical records. An experienced attorney can help gather and present the necessary evidence to build a strong case.
Why You Need an Experienced Construction Accident Lawyer
Filing a third-party lawsuit after a construction accident can be complex, and insurance companies will often try to minimize your claim. Having an attorney on your side can significantly improve your chances of securing fair compensation. A lawyer can:
- Investigate the accident and identify all liable parties.
- Collect and present evidence to prove negligence.
- Negotiate with insurance companies for a fair settlement.
- Take your case to court if necessary.
Call Brandon J. Broderick For Legal Help
If you or a loved one has been injured in a construction accident in Kentucky, you may be entitled to compensation beyond workers' compensation benefits or even compensation from a third party lawsuit. At Brandon J. Broderick, Attorney at Law, our team of KY personal injury lawyers will fight for the rights of injured construction workers and ensure they receive the compensation they deserve.
Don’t wait to get the legal help you need. Contact Brandon J. Broderick, Attorney at Law today for a free consultation.