There are two possible avenues to receiving injury compensation outside the normal workers’ comp process of workers’ comp. One of these exceptions involves a construction worker’s fatality at the hands of a grossly negligent employer. The other allows the injured employee to file a suit against someone other than the subscribing employer, known as a third-party:
If your loved one’s construction accident-related death was a direct result of the gross negligence by your employer, then you may file a wrongful death lawsuit in court. After a fall from a crane, our attorneys were hired by the deceased construction worker’s family.
The employer had ordered the worker to work atop the crane without the mandatory safety harness. When the man plummeted to his death, the employer rushed to a construction supply store, purchased a safety harness, and attached it to the dead man before the fatality was reported. Our attorneys were able to prove this sneaky employer’s willful deception by interviewing the co-workers, and we made the employer pay. It’s a good thing workers’ comp acknowledges that subscribers who display no respect for the law do not deserve to be protected by it.
In many cases, someone besides the employer may have done something negligent to cause the injury suffered by a construction worker on the job site. If a faulty piece of machinery caused the injury, then the manufacturer may be held accountable through a defective product lawsuit. Or if the owner of the property, or the developer, did not provide safe working conditions, then they could be liable. If a contractor or another employee negligently caused the injury, then they could also be blamed.