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When Can I File a Lawsuit for a Construction Accident Injury?

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Construction accidents in the Atlanta area can be devastating, and construction workers can sustain severe and life-threatening injuries. Indeed, according to the Occupational Safety and Health Administration (OSHA), the construction industry is responsible for the highest rate of fatal job accidents, and the “fatal four” most commonly are the cause of a deadly construction accident injury. Those categories include falls, struck-by accidents, caught-in or between accidents, and electrocutions. Of course, many other types of injuries can also occur on construction sites. 

When can a construction worker file a lawsuit in order to seek compensation? For many construction accidents that result in injuries, the injured construction worker can only seek compensation by filing a workers’ compensation claim, according to the exclusive remedy provision under Georgia law. The exclusive remedy provision says that injured workers cannot sue an employer for negligence when an injury happens at work. However, it is critical to know that there are some key exceptions to the exclusive remedy provision, and those exceptions may be applicable to a construction injury claim. Our Atlanta construction accident lawyers can tell you more.

Third-Party Caused the Construction Site Injury

In some types of construction accidents, a third party is responsible for the accident and the resulting injuries. A third party must be a person or entity outside the work environment, so it cannot be an employer, a supervisor, or a co-worker. Common examples of third parties include those associated with making or selling defective products (which we will explain in more detail below), or parties who cause traffic collisions on construction sites. For instance, if construction is occurring on the side of a highway and a motorist is not paying attention and crashes into the construction area, that motorist may be liable if the injured construction worker files a civil lawsuit.

Product Defect Caused the Injury

In many types of construction accidents, a product defect caused the accident or the construction worker’s injuries. It is important to know that defective products and product liability are key exceptions to the exclusive remedy provision. Indeed, an injured construction worker may be able to file a product liability lawsuit against the designer, manufacturer, or retailer of the defective tool or machine part by alleging a design, manufacturing, or marketing defect. 

Co-Worker’s Willful or Intentional Act Caused the Construction Accident

Finally, if a co-worker engaged in an intentional or willful act that caused the construction accident and the worker’s resulting injuries, it may be possible to sue the co-worker for injuries. On construction sites, in particular, a co-worker might have intentionally removed a safety device from a worksite, such as a machine guard or a piece of scaffolding equipment, or a co-worker might have started a fight and engaged in an act of intentional assault on the construction site. If you have questions about whether a co-worker’s actions fall into the intentional or willful exception to the exclusive remedy provision, one of our experienced Atlanta construction accident attorneys can help.

Contact an Atlanta Construction Accident Lawyer Today

Do you need advice about filing a lawsuit after a construction accident and injuries? Our dedicated Atlanta construction accident attorneys can provide you with more information. Contact Ponton Law today to learn more about how we can assist you.