Construction sites are among the most hazardous workplaces in Vermont. With heavy machinery, elevated surfaces, and constantly changing conditions, even well-managed projects present safety risks. While workers' compensation typically covers injured employees, it does not always account for the full range of harm—especially when someone outside of the employer is responsible. That's where third-party lawsuits come into play.
Understanding your right to sue a third party after a construction accident can make a significant difference in your financial recovery. Here's what injured workers in Vermont need to know.
What Is a Third-Party Lawsuit?
A third-party lawsuit is a legal claim filed against someone other than your employer or coworker who may have contributed to your injury. These claims exist alongside, not instead of, workers' compensation benefits.
For example, if a contractor is injured by a defective power tool, they may have grounds to sue the tool manufacturer. If a delivery driver from another company causes a forklift collision, that driver or their employer might be liable.
Third-party lawsuits allow injured workers to seek compensation beyond what workers' comp offers, including damages for:
- Pain and suffering
- Emotional distress
- Loss of consortium
- Full wage replacement
- Future loss of earning capacity
Common Third Parties in Vermont Construction Accidents
Vermont construction sites often involve multiple companies working together. This increases the potential for third-party liability when safety standards are compromised. Parties commonly named in third-party lawsuits include:
- Equipment manufacturers: When defective machinery or tools malfunction
- Subcontractors: If a subcontractor's negligence creates an unsafe work environment
- Property owners: For unsafe premises or failure to warn about known hazards
- Architects or engineers: When flawed designs or poor supervision contribute to an accident
- Drivers: In cases involving vehicle collisions on or near construction zones
Each party has a distinct responsibility to act reasonably and avoid putting others at risk. Failing to uphold these duties can form the legal basis of a personal injury claim.
How Third-Party Lawsuits Differ From Workers' Compensation
Workers' compensation is designed to offer quick, no-fault benefits to employees injured on the job. In Vermont, it typically covers medical expenses, partial wage replacement, and vocational rehabilitation. However, it bars employees from suing their direct employer, even in cases of gross negligence.
Third-party lawsuits, on the other hand, require proof of negligence or wrongdoing but can result in more comprehensive compensation. Unlike workers' comp, these lawsuits can provide payment for non-economic damages, such as pain and suffering or loss of enjoyment of life—none of which are available through the workers' comp system.
Can You File Both a Workers' Comp Claim and a Third-Party Lawsuit?
Yes. In fact, it's common for injured workers to pursue both at the same time. You can receive workers' comp benefits while also suing a third party responsible for your injury.
That said, there's a catch: if your third-party lawsuit results in a settlement or verdict, Vermont law may require you to reimburse your employer's workers' comp insurer for a portion of the benefits already paid. This process, known as subrogation, is designed to prevent double recovery for the same damages.
Establishing Liability in a Vermont Third-Party Claim
To succeed in a third-party claim, you must prove that:
- The third party had a duty of care to ensure your safety.
- They breached that duty through action or inaction.
- Their breach directly caused your injury.
- You suffered measurable damages as a result.
For example, let's say a subcontractor failed to install guardrails on a rooftop worksite. If you fall and sustain serious injuries, you'd need to show that the subcontractor was responsible for that task and that their failure directly led to the fall.
This process often requires gathering evidence such as:
- Site inspection reports
- Witness statements
- Video or photo evidence
- Safety protocol documentation
- Expert testimony from construction or engineering professionals
Statute of Limitations in Vermont
Under Vermont law, most personal injury claims—including third-party lawsuits—must be filed within three years of the date of the injury. Missing this deadline can mean permanently losing your right to sue, regardless of the severity of your injuries or the strength of your case.
Because workers' comp claims have different timelines, it's important to consult with a lawyer who can coordinate both processes to ensure nothing falls through the cracks.
Examples of Third-Party Construction Accident Cases
Here are a few scenarios where a third-party lawsuit might apply:
- Defective scaffolding collapses and causes multiple injuries: The scaffolding company could be liable if poor design or manufacturing played a role.
- Delivery truck strikes a worker on a jobsite: The driver's employer may be responsible, especially if the driver was untrained or acting carelessly.
- Power tool explodes during use, causing burns: If the tool had a known defect, the manufacturer might face liability for product failure.
These situations illustrate how accountability can extend beyond the direct employer to parties whose negligence creates dangerous conditions.
Why Legal Guidance Matters
Navigating both workers' comp and third-party claims can be overwhelming, especially while dealing with a serious injury. A skilled attorney can:
- Investigate the accident scene
- Identify all liable parties
- Work with experts to build your case
- Handle insurance company negotiations
- Ensure deadlines are met and paperwork is complete
In Vermont, construction accident cases can involve complex layers of liability, especially when subcontractors, property owners, and out-of-state vendors are involved. Legal representation can help maximize your total compensation and avoid missteps that could hurt your claim.
Conclusion
Construction accidents are often more than just workplace injuries—they're the result of oversight, negligence, or faulty equipment from third parties who should be held accountable. In Vermont, pursuing a third-party lawsuit can provide broader compensation than workers' comp alone, helping injured workers rebuild their lives with greater financial stability.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Vermont construction accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced 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.