What happens if I am injured in a warehouse, such as at an Amazon facility?
If you are an employee injured at work, your primary remedy for medical bills and lost wages is through a Workers’ Compensation claim. However, if your injury was caused by the negligence of an outside party—not your employer or a co-worker—you may also have a separate third-party liability lawsuit. This could be against the manufacturer of a faulty forklift, a delivery driver from another company who hits you, or a contractor who created an unsafe condition. At Karns & Karns, our expertise lies in identifying these valuable third-party claims, which allow you to recover damages for pain and suffering not available through Workers’ Comp.
If I’m injured on a construction site but not an employee, can I file a lawsuit?
Yes. While employees are generally limited to Workers’ Compensation, non-employees (like pedestrians walking by, visiting inspectors, or drivers hit by construction vehicles) can file a personal injury lawsuit against the negligent parties. These cases, known as third-party claims, can hold general contractors, subcontractors, or property owners liable for failing to maintain a safe site.
Who is liable for a construction site accident?
Liability on a construction site is complex and can be shared among multiple parties. The general contractor has an overall duty to ensure job site safety. Subcontractors are responsible for the actions of their own employees. Property owners can be liable for known hazards on their land. And finally, manufacturers can be liable if defective equipment (like a faulty scaffold or power tool) caused the injury. A thorough investigation, like the ones we conduct at Karns & Karns, is required to identify all responsible parties to maximize recovery.
What is a product liability claim in the context of a construction site injury?
If a construction worker is injured by a defectively designed or manufactured tool, scaffold, or piece of machinery, they may file a product liability claim against the manufacturer or distributor, which is independent of a Workers’ Compensation claim.
What parties can be held responsible for an injury caused by a construction crane failure?
Multiple parties can be liable: the crane operator (if negligent), the company that maintained the crane, the general contractor (for site safety), or the manufacturer (if the crane was defective). Specialized investigation is needed to determine fault.