Does Worker's Compensation Prevent Additional Lawsuits?
A bad injury on the job, especially in the field of construction, can be very difficult to deal with. Not only are you hurt, but the injury could severely delay your ability to get back to work in your normal capacity. You need to be sure you get the right compensation. If your employer is insured for worker's compensation, like most employers, then you should get some money relatively quickly. However, sometimes your injury wasn't the result of a simple workplace accident, and you may wonder if you could sue other parties involved.
With Worker's Comp, Suing the Employer Is Not Necessary
First, if your employer has worker's compensation insurance, and your claim is approved, suing the employer is not necessary. You don't have to prove fault. So if your injury was really just a bit of bad luck on the worksite, with no one and nothing else involved, the worker's compensation claim is likely your only avenue for compensation. You should still speak to a lawyer if you think there may be additional information that wasn't considered, but in general, for your employer, the worker's comp is it.
Worker's Comp and Defective Products
Maybe your accident was caused by a piece of equipment that malfunctioned, but you know that the employer and operators all did what they could to ensure the piece worked properly and safely. That could mean that the piece of equipment was defective. In that case, you might have a product liability lawsuit option against the manufacturer. This is not a case you should pursue on your own, however. You will need the help of a personal injury lawyer who has experience with workplace injuries, especially those involving construction equipment.
Non-Crew Interference
Of course, maybe it wasn't a defective product. Maybe it was some unknown person who didn't belong on the construction site and who messed around with equipment they shouldn't have touched. You thought everything was set or programmed correctly, only to find that something had changed. If you can have the police identify and catch the person, then you might have a third-party lawsuit on your hands. And it doesn't have to be an act of malice -- maybe that person didn't know what they were doing and just decided to mess around. Unfortunately, if that resulted in your injury, they could be liable.
You really need to contact a workplace injury law firm, like Shaevitz Shaevitz & Kotzamanis, that is familiar with construction sites and the injuries common to those places. A lawyer will be able to help you narrow down your options.
