Can I File a Personal Injury Claim for My Salt Lake City Construction Accident?
When a construction accident happens, it can be difficult to determine how to get the resulting medical bills and other damages paid. If you have been injured and are confused about your options, you aren’t alone.
While workers compensation might cover some of your expenses, it won’t cover everything. A personal injury lawsuit can allow you to seek a much larger settlement amount, but not all workplace injuries and accidents will qualify to file.
This leads many victims to ask the following question: “Can I file a personal injury claim for my Salt Lake City construction accident?” If you need to know the answer, a construction accident attorney from Craig Swapp & Associates can help you.
How Personal Injury Applies on Work Sites
It’s easy to assume that an employer is automatically responsible for anything that happens on a job site. After all, they do oversee the whole project and are mostly responsible for ensuring the safety of their workers and any passersby.
However, it is possible for fault to lie with other parties in construction accidents, including commercial building owners, civilians, the city government, and even contractors that are working on the site. When a third party is responsible for an injury or loss, personal injury laws can apply rather than workers compensation, especially if the problem was out of the employer’s control.
Criteria for Workplace Personal Injury Claims
In order for your accident to qualify for personal injury compensation, your accident must meet one of the following conditions:
- Your employer doesn’t have workers compensation insurance
- A product or equipment defect caused the accident, potentially making the manufacturer liable
- Malice or egregiously negligent conduct were involved
- An outside third party caused the accident
- Your injury or illness was caused by toxic substance exposure
Examples of Construction Accident Personal Injury Cases
As an example of toxic exposure, if you were working in an older building and were exposed to asbestos, this could lead to mesothelioma. Determining if you can sue the building owner for this type of injury would be dependent on details such as whether the owner disclosed the asbestos to your employer. If they did, then the company could be negligent for not disclosing this information to you and for not providing proper safety equipment.
In another example, a third party might take the form of a drunk driver causing an accident in a road construction site. The driver’s negligent decision to drive intoxicated makes him or her liable for any damages and injuries caused.
An Experienced Construction Accident Attorney Can Help
Even with examples that might seem clear cut, construction accidents and personal injury can be confusing. An experienced construction accident lawyer, however, can examine the details of your case and help you uncover just who or what should be held accountable.
If you have been injured in a construction accident that wasn’t your fault, you could be entitled to compensation. Call us toll-free at 1-800-404-9000 or fill out the form at the bottom of the page for a free, no-obligation consultation.