If a construction accident hurts you, you might have options beyond standard workers’ compensation claims. State law generally allows injured workers to sue outside entities if their negligence contributed to the incident. However, you must carefully review your job site accident to identify exactly who is at fault and prove their negligence.
Finding liable third parties on site
An injured worker generally cannot sue their direct employer or a coworker for a workplace injury. The law typically restricts your remedies against them to the workers’ compensation system. Yet you might hold a third-party wrongdoer accountable for damages. These outside entities often include:
- Property owners,
- General contractors or
- Delivery drivers who do not work for your company.
Furthermore, if a separate subcontractor breaches a legal duty and causes your harm, you may pursue a civil lawsuit against that distinct entity for negligence.
Product liability for defective equipment
If a tool fails and causes harm, you may have grounds for a product liability lawsuit. Under Georgia law, you can generally only sue the actual manufacturer of the tool, though exceptions apply in certain circumstances. This means you must target the specific company that actively designed, produced or assembled the defective equipment.
How to prove third-party fault in Georgia
Winning this type of lawsuit might require clear evidence that the outside company didn’t fulfill its duty of care. You are required to demonstrate that a contractor performed requested work in a negligent manner and link that specific negligence directly to the physical pain or financial loss you suffered. With the help of an attorney, you may design a strategy aimed at recovering compensatory damages.