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Third-party liability in a construction accident

Working in construction in Oregon exposes you to many personal injury risks, from electrocution to serious falls. According to the Occupational Safety and Health Administration, construction is the deadliest industry in the country.

If you or a loved one suffered a construction injury on the job, your case could involve the liability of a third party. A third party refers to someone other than your employer. Third-party liability could give you the opportunity to file a civil lawsuit in Oregon.

Which third parties could cause construction accidents?

OSHA lists falls, struck-by objects, electrocutions and caught-in/between objects as the four most common causes of construction worker death in the U.S. Although it is possible for a construction company to contribute these to worker accidents, third parties could also be at fault. These may include the following:

  • Product or equipment manufacturers
  • Coworkers
  • Independent contractors or subcontractors
  • Construction site property owners
  • Drivers of vehicles in the construction site

If a defective product, dangerous premises element, criminal act or coworker negligence caused your accident, you could have grounds for a third-party liability claim. A third-party claim allows you to file a lawsuit outside Oregon's workers' compensation system. A successful claim could result in greater compensation than workers' comp benefits alone.

How do you file a third-party claim?

A workers' compensation settlement only bars you from suing your employer. You can request workers' compensation as well as recover through a personal injury claim if you go up against someone other than your employer.

In Oregon, you have two years from the date of your construction accident to file a claim against a third party. If you miss your deadline, the courts will most likely dismiss your lawsuit. Filing a third-party claim could be important to your financial future if you suffered serious or catastrophic injuries in a construction accident. File your claim with help from an attorney.

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