- April 18, 2025
Dealing with injuries, medical bills, and time away from work is overwhelming enough, but trying to figure out who’s responsible and how to hold them accountable can feel like an impossible task.
The good news? There may be a way to recover compensation.
By understanding how third-party claims work and how a Detroit personal injury lawyer can help, you’ll have a clearer path to recovering fair compensation for your injuries.
What Is a Third-Party Claim?
When someone gets hurt on a construction site, their first thought might be to turn to workers’ compensation for help. But what if there’s another party, besides your employer, who shares responsibility for the accident? That’s where a third-party claim comes in.A third-party claim is a legal action you can take against someone other than your employer who contributed to your injury. Potential third parties who could be held liable for damages and losses not already covered by other types of compensation include:
- Subcontractors who ignored safety protocols or created hazardous conditions.
- Equipment manufacturers if faulty machinery or tools caused your injury.
- Property owners who failed to repair or warn about unsafe conditions.
- Vendors or suppliers who provided defective or dangerous materials.
For a third party to be held liable, strong evidence must demonstrate that their actions or lack of action directly caused the accident. Here’s what might help build your case:
- Photos or videos of the hazardous conditions or defective equipment.
- Maintenance records to show neglect or improper care.
- Witness statements from coworkers or others who saw the accident.
- Expert analysis of equipment or safety violations.
After identifying the potentially negligent third party and gathering supporting evidence, you’ll be better prepared to file your claim. With the right approach and the guidance of a trusted construction accident lawyer, you can hold the responsible parties accountable and seek the compensation needed to recover. The car accident claim worth or settlement value in a third-party construction case can vary, but it often depends on factors like the severity of your injuries, liability, and available insurance coverage.
When Should You Consider a Third-Party Claim?
Defective Equipment
When equipment is defective, it can lead to serious injuries. Manufacturers, distributors, or maintenance providers might be liable if their negligence contributed to the problem. Examples of defective equipment liability may include:
- Faulty machinery, like a nail gun that misfires.
- Defective safety gear, such as a hard hat that fails to protect.
- Poorly maintained equipment, like a crane that wasn’t inspected.
Filing a claim in this scenario often hinges on showing a clear link between the defect and your injury. Some parties might deflect blame, so having an attorney investigate and identify the real cause could expose liability that others want to avoid.
Unsafe Premises
Property owners play a critical role in ensuring construction sites are free from hazards. If they ignore dangerous conditions or fail to provide warnings about potential risks, they may be on the hook when accidents happen. Unsafe premises risks potentially tied to a third-party claim include:
- Hidden dangers, like uncovered holes or loose flooring.
- Failure to clean up spills, leading to slippery or falling hazards.
- Poor site maintenance, such as failing to fix broken structures.
Not all conditions that lead to an injury may automatically qualify as negligence. If the property owner didn’t know about the issue, or if you can’t link it directly to your injury, it may be harder to build a case.
Negligence by Other Contractors or Workers
Construction projects usually involve many teams working side by side. If an accident happens because one of these teams doesn’t follow safety protocols or creates a hazard, their negligence could make them liable. Examples of contractor-related negligence include:
- Ignoring site safety rules, like improperly storing heavy materials.
- Improper installation, risking structural failures.
- Unsafe vehicle operation, causing on-site crashes.
Liability isn’t always clear-cut. Proving it can require time, legal knowledge, and the ability to aggressively negotiate for a fair settlement.
Steps to Filing a Third-Party Construction Accident Claim
Filing a third-party claim after a construction site accident requires careful attention to detail; even small missteps can cost you the compensation you deserve. Below are actionable steps to help keep your claim on track and avoid some of the pitfalls that could weaken your case.
Speak With a Lawyer
If you feel like you’re not being treated fairly or offered enough compensation, it’s time to consult a construction accident attorney.
An experienced personal injury attorney can identify the responsible parties, help collect evidence, and handle the legal complexities while you focus on healing—especially if you're unsure whether you should get a lawyer or try to handle things on your own.
The earlier you get professional guidance, the better your chances of building a strong case.
Report the Injury Immediately
Timely reporting is crucial. Inform your employer or supervisor about the accident as soon as possible and document when and how you reported it. Delays in communication could raise doubts about the validity of your claim.
Keep a record of what you reported and to whom, as this can serve as important evidence later.
Avoid Oversharing on Social Media
It’s tempting to share updates about your situation, but avoid discussing your accident or injuries on platforms like Facebook or Instagram.
Insurance companies and opposing parties often monitor social media for anything they can use to undermine your case. Even casual posts can be taken out of context.
When in doubt, it’s best to stay offline until your claim is resolved or unless your Detroit personal injury lawyer has provided guidance on how to proceed.
Document Everything
Good documentation can make or break a claim. Keep organized records of:
- Medical visits, treatments, and expenses.
- Photos or videos of the accident scene and your injuries.
- Communication with employers, insurers, or potential third parties.
If you’re unsure what might be important, an attorney can guide you on what to track and how to present it effectively.
Follow Doctor’s Orders
Consistently attending medical appointments and following prescribed treatments supports your recovery and strengthens your claim. Skipping treatments or ignoring medical advice could allow others to argue that your injuries aren’t as serious as claimed.
Be Wary of People Trying to Shift Blame
You may encounter situations where the responsible parties or their insurance companies try to deflect liability. They might argue that your employer or even you were at fault. Having an attorney on your side ensures someone is pushing back against these tactics and advocating for your best interests.
Be Mindful of Deadlines
Filing deadlines for third-party claims can vary, and missing them could mean losing your chance for compensation altogether. The sooner you begin the process, the more time you’ll have to build a strong case. A lawyer can help ensure all paperwork is submitted on time and complies with relevant rules.
Following these steps can help reduce the risk of costly mistakes and set yourself up for a better outcome. Filing a third-party claim after a construction accident might seem overwhelming, but with the help of an experienced attorney, you can focus on recovery while leaving case complexities in capable hands.
What Can You Recover in a Construction Site Accident Third-Party Liability Claim?
Filing a third-party claim after a construction accident opens the door to recovering several categories of damages. Below is a detailed look at the types of compensation you may be entitled to and how to protect your right to recover them.Medical Expenses
Medical bills add up fast after an accident, and these damages can cover everything from emergency care to ongoing treatment. This includes surgeries, physical therapy, medication, and future medical needs if your injury requires long-term care. To recover these costs, you’ll want to keep detailed records, such as receipts, prescriptions, and documentation of medical mileage expense no-fault benefits, which can reimburse you for travel to and from doctor appointments.
- Receipts and invoices from hospitals, clinics, or pharmacies.
- Doctor’s notes detailing your diagnosis and treatment plan.
- Insurance statements showing out-of-pocket expenses or denials of coverage.
One common worry is how to pay for treatment before your claim is resolved. This is where a skilled attorney might be able to help connect you with medical providers who agree to defer payment until after your claim is settled. This ensures you get the care you need without the added financial stress.
Lost Wages
If your injury keeps you from working, you may be entitled to compensation for lost income. This can include wages you missed during your recovery and even future earnings if you cannot return to your previous role. To claim lost wages, you’ll typically need to provide the following documentation:
- Pay stubs or tax records showing your regular income.
- Letters from your employer confirming the time missed.
- Expert evaluations if your injury affects your long-term earning capacity.
It’s important to note that calculating future income can be complex. A lawyer can bring financial experts to accurately estimate your debts, ensuring no losses are overlooked.
Pain and Suffering
Unlike medical bills or wages, pain and suffering damages account for the physical pain and emotional strain caused by your injury. This could include anxiety, depression, or the loss of enjoyment in life from not being able to return to normal activities.
Though these damages are subjective in nature, it isn't impossible to calculate their value. Evidence that can support your claim for non-economic damages after a construction site accident injury might include:
- Psychological evaluations highlighting mental health impacts.
- Personal journals where you document your struggles and progress.
- Statements from family and friends who can speak to how your injury has changed your life.
An experienced Detroit personal injury lawyer can help present these intangible losses in a compelling way that resonates with insurance adjusters or juries.
Disability or Disfigurement
If your injury results in a permanent disability or visible scarring, you may be able to recover additional damages. These funds are meant to account for the lasting impact on your quality of life and ability to earn a living. To pursue disability-related damages, you may need to provide evidence such as:
- Photos and medical documentation of your disability or disfigurement.
- Vocational assessments to show how the injury affects your ability to work.
- Expert testimony on the long-term consequences of your condition.
These catastrophic injury claims often come with extra scrutiny. A lawyer can help ensure your case is presented thoroughly and persuasively so that no detail is left unconsidered.
Wrongful Death Damages
When construction site accidents result in a tragic loss, the compensation obtainable through a third-party claim can address damages that workers' compensation benefits often overlook. A third-party liability claim could allow surviving family members to recover additional damages, including:
- Loss of companionship and emotional support, recognizing the relational impact on close family.
- Pain and suffering experienced by the decedent before their passing, which workers' comp does not account for.
- Economic support, covering the full extent of contributions the decedent would have provided over their lifetime.
Unlike workers' comp, which doesn't require fault, a third-party claim relies on proving negligence. Although this adds complexity, it may ultimately provide families with broader financial and emotional compensation.
Injured in a Construction Accident? Contact Goodman Acker, P.C., for Help With Third-Party Liability Claims
Understanding the steps to file a third-party liability claim is one thing; navigating the process to secure fair compensation is something else entirely. Legal processes can be daunting, especially when you’re already dealing with the physical and emotional toll of a construction accident. This is where having experienced legal support can make all the difference.
At Goodman Acker, P.C., we’re committed to providing the guidance and advocacy you need to pursue justice. From identifying liable parties to building a strong case and negotiating with insurance companies, our team knows the challenges you’re up against and how to fight back against them.
If you’re unsure about your next steps or worried about handling the complexities of a claim, you don’t have to face it alone. Contact Goodman Acker, P.C., online or at (248) 831-1507 to learn how we can help.