Construction work is heavy-duty and dangerous. Given the foregoing, it should come as no surprise that the construction trades frequently lend themselves to their workers suffering serious and debilitating injuries. Of course, injured workers will be entitled to benefits pursuant to the Workers’ Compensation Act if the injury arose out of and occurred in the course their employment. Although work comp is the exclusive remedy for an injured worker against his or her employer, if the facts and circumstances of the accident warrant it, a separate claim can and should be brought against other persons and entities on the job site if they contributed to the cause of the injury. Potential targets for liability include the general contractor; independent subcontractors; and the property owner of the jobsite.
Unlike cases against the injured worker’s employer, cases against independent third-parties are not restricted to the compensation available under the Workers’ Compensation Act. Rather, these cases can be brought in a civil court of law, seeking noneconomic damages such as pain and suffering, disfigurement and loss of a normal life. It is important to hire an experienced attorney who is capable of investigating and identifying all potential theories of liability in order to obtain a maximum possible recovery. If you have been injured at a construction site and/or as a result of a construction accident, you should immediately contact the Eames Law Group, Ltd. to discuss your rights and all potential theories to recover compensation.