Construction accidents are serious matters that must be handled accordingly. While some accidents are the result of employer negligence, others are because of defective tools or equipment. These can produce life-altering injuries that prevent people from being able to go back to work.
One thing that is different in these cases is that the worker would likely use a third-party lawsuit to seek compensation instead of having to go through workers’ compensation. A factor that might come into the picture is the severity of the work-related injury.
Types of injuries
There are many types of injuries that can happen because of defective tools or machinery. You might fall off of a defective ladder or scaffolding. You may be struck by flying debris or cut because of something that isn’t working properly.
If the issue is something electrical, such as a missing ground or absent insulation, you might be electrocuted. A problem with the brakes of a machine like a forklift could lead you to be crushed by it. All of these can produce burns, lacerations, brain injuries, spinal cord damage, broken bones and similar injuries.
Third-party claims have conditions
Most third-party claims will need to be based on your using the tool in the intended manner. You couldn’t use a chainsaw to try to try to cut a metal pole and think that you will be able to file a successful claim easily.
When you file this type of case, you will need to show that there was a defect. This can be a defect in the design, manufacturing or warnings. Trying to show this is sometimes complex because many items used in construction are considered unavoidably safe, which means that the manufacturer has done everything possible to make the product as safe as they can.
Determining damages
Unlike workers’ compensation claims, third-party ones don’t have the specific limits that come with the disability charts. You have to determine what damages you are going to seek. This should be based on the out-of-pocket expenses, medical bills, lost wages and other similar costs that you have because of the injury. These can be considerable because you can’t think about only what you’ve already had to deal with but also need to think about future costs.
