If you were hurt on a jobsite, you might be wondering “can I file a personal injury claim for my Spokane construction accident?” The answer is “it depends.”

As experienced personal injury attorneys, we can review the details of what happened and determine if you can file suit outside of your workers compensation claim. You should always file a work comp claim regardless, but the compensation provided is often not enough to cover the true cost of a construction injury.


Your Options for Seeking Compensation

Workers compensation insurance should be available to you after a construction injury. It kicks in quickly and is used to pay for your medical bills and a portion of your lost wages. While an important resource, it will not pay for all of your wage losses, pain and suffering, and other expenses related to your injury, nor will it hold the responsible party accountable for what happened.

Filing a personal injury lawsuit is a way to seek additional compensation and hold the guilty party accountable. However, not everyone qualifies to file one.


Determining Negligence

For you to file a personal injury lawsuit for a workplace injury of any sort, one of the following will need to apply:

  • Your employer doesn’t carry workers compensation insurance
  • Your employer or coworker put you into harm’s way through malice or egregious negligence
  • A third party was responsible for causing the accident

Construction sites tend to be busy locations, so we’ll need to conduct a thorough investigation to determine who might have been responsible outside of your employer and coworkers.


Third-Party Lawsuits

Potential third-parties could include any of the following:

  • Manufacturers of Safety Gear and Equipment – When you use a product, you expect it to perform according to safety standards and advertising claims. If it doesn’t and you are injured, you can sue the manufacturer.
  • Chemical Manufacturers – Asbestos claims are an example of a chemical tort, but any chemical leading to an illness or injury could qualify for filing a lawsuit.
  • Equipment Manufacturers – Cranes, forklifts, and other construction equipment must be manufactured correctly with appropriate safety measures in place. Design defects can lead to injuries that you can hold the manufacturer accountable for.
  • Maintenance Companies – If a third-party maintenance company was tasked with maintaining your equipment or gear and failed to do so correctly, they could be negligent.
  • Drivers and Passersby – Sometimes construction accidents are caused by negligent civilians walking or driving through the site.


Seeking Compensation for a Construction Accident

Once we have met with you, reviewed your case, and determined if your accident is eligible for a personal injury claim, you can begin the process of seeking compensation.

You could be entitled to financial damages to cover any of the following that apply to your case:

  • Medical bills, current and future
  • Medication and medical devices
  • Rehabilitation and therapy
  • Current and future wage losses
  • Pain and suffering
  • Lost enjoyment of life
  • Emotional distress


Speak with a Spokane Construction Injury Attorney

To find out if you can file a personal injury claim after a construction accident or to find out what your claim is worth, call 1-800-404-9000 and speak with an attorney from Craig Swapp & Associates. You can also reach us by using the online contact form below.