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Construction work ranks among the most perilous professions. While workers’ compensation insurance typically provides coverage for on-the-job injuries, the compensation often falls short when severe or catastrophic injuries are involved. Although employees are generally prohibited from suing their employers outside of the workers’ compensation system, they may pursue claims against third parties who share responsibility for the accident that caused the injury.
Workers’ compensation benefits are limited to medical expense reimbursement and partial wage replacement. However, filing a third-party claim can allow injured workers to recover additional damages, such as compensation for pain and suffering, emotional distress, and diminished quality of life, including sexual dysfunction. In addition, the worker’s spouse may recover from third parties for loss of consortium, referring to the loss of companionship, support and other services.
Pursuing a third-party claim can be an essential strategy for construction workers who have been injured due to someone else’s negligence or misconduct. Several third parties could potentially bear responsibility, such as the following:
Site owners and managers — Owners and managers are typically obligated to maintain their premises in a safe condition for anyone who might reasonably be expected to enter. This responsibility includes addressing known hazards or marking them off to prevent accidents.
Contractors and subcontractors — Companies involved in construction activities have a duty to ensure they do not create dangerous conditions for workers at the site, even those who are not directly employed by them. If their negligence results in injury, they can be held accountable.
Manufacturers of defective equipment — If an injury is caused by equipment that is improperly designed, manufactured, or inadequately labeled with safety warnings, the manufacturer can be held liable for any resulting harm.
Other parties involved in the project — Injuries might also arise from exposure to toxic substances, traffic accidents involving delivery vehicles, the use of substandard materials, or errors in architectural or engineering designs. In such cases, the responsible parties can be held liable for the injuries caused.
In certain situations, where a third party is found to have engaged in particularly egregious misconduct, courts may award punitive damages. These damages serve to punish the wrongdoer and deter similar conduct in the future. Examples are an assault by a coworker or reckless endangerment by a third party.
By filing a third-party claim, injured workers may recover the full extent of the financial compensation they need and deserve. This is where an experienced construction accident attorney becomes invaluable, guiding the injured party through the legal process, gathering evidence, and negotiating with insurance companies to ensure fair compensation.
The skilled attorneys at Gesmonde, Pietrosimone & Sgrignari, L.L.C. in Hamden and East Haven are dedicated to representing workers and bystanders injured at construction sites throughout Connecticut. To schedule a free consultation, please call 203-745-0942 or contact us online.
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Gesmonde, Pietrosimone & Sgrignari, L.L.C. is located in Hamden, CT and serves clients in and around North Haven, Hamden, Waterbury, Bethany, Milford, Wallingford, Prospect, Woodbridge, Northford, Madison, Beacon Falls, Branford, Cheshire, North Branford, East Haven, Naugatuck, Meriden, Ansonia and New Haven County.
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