Everyone understands that construction sites can be an extremely dangerous place to be, especially for workers who face various hazards daily. While workers' compensation generally provides benefits for injuries sustained on the job, there are instances where third-party lawsuits may also come into play. For those who work on construction sites in Ohio, understanding construction accident claims and when third-party liability applies can make a significant difference in the outcome of any injury case you file.

In this article, we provide an overview of what constitutes a construction accident claim, the role of third-party lawsuits, and how Brandon J. Broderick, Attorney at Law, has successfully represented clients in similar cases, including their largest construction accident settlement to date.

Speak to one of our OH construction accident lawyers today for help.

Understanding Construction Accident Claims

Construction accidents occur for numerous reasons, including equipment malfunctions, falling objects, unsafe working conditions, and inadequate training. Workers' compensation laws in Ohio provide injured employees with benefits to cover medical bills and a portion of lost wages, regardless of who is at fault.

However, workers' compensation has its limits. For instance, it doesn’t cover non-economic damages like pain and suffering, nor does it allow you to pursue a lawsuit against your employer under most circumstances. This is where third-party liability becomes essential for an injured party.

What Are Third-Party Lawsuits in Construction Accidents?

A third-party lawsuit involves filing a claim against a person or entity other than your employer. In construction accidents, these third parties could include:

• Equipment Manufacturers: If faulty machinery or tools contributed to the injury.
• Property Owners: For unsafe site conditions outside the employer’s control.
• Subcontractors: When the negligence of another contractor leads to an accident.

Third-party lawsuits allow injured workers to seek additional compensation beyond what workers' compensation offers, including damages for pain and suffering and full lost wages.

Ohio Laws Governing Third-Party Claims

In Ohio, personal injury claims, including third-party construction accident lawsuits, must be filed within the state’s statute of limitations. For most personal injury cases, this is two years from the date of the injury. Failing to file within this period typically bars you from recovering compensation.

To succeed in a third-party claim, you must prove the following:

• Duty of Care: The third party owed a responsibility to maintain a safe environment or provide safe products.
• Breach of Duty: The third party failed to meet this responsibility through negligence or misconduct.
• Causation: The breach directly caused your injury.
• Damages: You suffered measurable harm as a result of the injury.

Real-Life Example: Brandon J. Broderick’s Largest Construction Accident Case

Brandon J. Broderick, Attorney at Law, achieved a landmark $44 million settlement package for a construction accident case, highlighting the importance of experienced legal representation in third-party lawsuits.

In this case, a worker sustained catastrophic injuries due to a malfunctioning debris chute at a construction site. The claim was not limited to workers' compensation; instead, it included a third-party lawsuit against the equipment manufacturer, which failed to provide proper warnings or instructions on safely clearing a blockage.

This case demonstrates how holding third parties accountable can result in significant compensation for injured workers and their families, covering not only economic damages but also non-economic damages like emotional distress and loss of quality of life.

Common Third-Party Defendants in Ohio Construction Accident Cases

Here are some typical third parties named in construction accident lawsuits:

1. Equipment Manufacturers: Defective tools and machinery are common culprits in construction injuries. Manufacturers may be liable if they failed to warn about potential hazards or provided defective products.
2. Subcontractors and Vendors: In multi-contractor worksites, the negligence of one party can endanger workers from other companies.
3. Property Owners: Site owners have a legal obligation to maintain reasonably safe conditions.
4. Architects and Engineers: Negligent design or failure to follow safety protocols can lead to accidents.

Benefits of Pursuing a Third-Party Lawsuit

While workers' compensation provides limited benefits, a third-party lawsuit can offer:

• Full coverage for lost wages, including future earning potential.
• Compensation for pain and suffering.
• Recovery of out-of-pocket expenses not covered by workers' compensation.

Steps to Take After a Construction Accident

If you’ve been injured in a construction accident in Ohio, follow these steps to protect your rights:

1. Report the Incident: Notify your employer immediately to initiate a workers' compensation claim.
2. Seek Medical Attention: Document all injuries and follow your doctor’s treatment plan.
3. Document Evidence: Take photos of the accident scene, your injuries, and any defective equipment.
4. Consult an Attorney: Contact a personal injury lawyer to explore third-party liability and ensure all filing deadlines are met.

Call Brandon J. Broderick For Legal Help

Navigating Ohio construction accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced construction accident lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.