Can I Sue the City? Dangerous Construction Sites
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If you were injured in a construction site accident, you may be wondering, “Can I sue the city?” Generally, the answer is “no.” This is because most states will not allow you to sue your employer if you are covered by your state’s compensation law. This law requires that your employer has and maintains workers’ compensation insurance that will compensate you for your injuries and part of your lost wages, but will keep your employer from being directly liable for the accident. Additionally, you will not receive compensation for pain and suffering from workers’ compensation insurance.
Most Common Causes of Dangerous Construction Sites
There are many common causes of dangerous construction sites. Some of the most common are listed below.
- Falls off of ladders, scaffolds and ladders.
- Electrocution at the construction site.
- Severe electrical burns due to incorrectly identifying the location of electrical lines.
- Trench collapses at the construction site.
Suing A Third Party
As mentioned above, you cannot sue your employer directly because of state law in most states stipulating that your employer has to carry workers’ compensation insurance in the event of an accident at the construction site. However, if a third party is deemed to have been fully or partially responsible for causing the accident that injured you, you can sue them for damages.
Unlike with your employer, there are no limits on the damages you can receive from a third party who is deemed to be responsible for the accident that caused you injury. Therefore, you can sue that third party or parties for compensation for pain and suffering as well.
Often, third parties will include members of the following groups:
- Foremen
- Contractors
- Subcontractors
- Engineers
- Safety consultants
- Property owners
- Heavy machine maintenance companies
- Others
There are many groups who have a partial responsibility to construction worker safety in large construction projects, especially those that are done for a city. If another party other than your employer is responsible for an accident that causes you injury, you have the right to pursue them for actual damages and pain and suffering, with no monetary limits imposed.
Attaining Legal Help
Knowing who to sue and how to go about it when you are injured in a construction accident can be a complex matter. An established and experienced construction accident attorney in the state where the accident took place can give you sound legal advice that applies to your specific case and help you present the strongest case possible to receive the maximum amount of compensation you deserve.
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