Construction sites and other multi-employer worksites create complex webs of responsibility when accidents occur. If you were injured at a worksite where multiple contractors operated, you may have third-party claims against contractors or subcontractors other than your direct employer. These claims can provide compensation far beyond what workers' compensation offers.
Understanding Multi-Employer Worksite Liability
On construction projects and similar multi-employer sites, numerous contractors and subcontractors work simultaneously, each responsible for different aspects of the project. When an accident occurs, determining who bears responsibility requires analyzing which parties controlled the conditions that caused your injury. Your direct employer isn't the only party with safety obligations to you, and other contractors' negligence may entitle you to pursue claims against them.
OSHA recognizes multiple categories of employers at multi-employer sites, including creating employers who caused the hazard, exposing employers whose employees face the hazard, controlling employers who have authority to correct hazards, and correcting employers responsible for actually fixing them. This framework helps identify parties whose negligence may have contributed to your injuries.
General Contractor Responsibility
General contractors typically bear overall responsibility for worksite safety, even for workers employed by subcontractors. This responsibility stems from their control over the site, their ability to require subcontractors to follow safety protocols, and their duty to coordinate work among different trades to prevent hazards. When general contractors fail to maintain safe conditions, fail to correct known hazards, or inadequately supervise subcontractor safety practices, they may face liability for injuries to any worker on site.
Many general contractor liability claims arise from their failure to enforce safety rules they ostensibly required. A general contractor who looks the other way while subcontractors ignore fall protection requirements or skip safety training can be held responsible when those practices result in injuries.
Subcontractor Negligence Claims
Subcontractors other than your employer may also bear responsibility for your injuries. If another subcontractor created a hazardous condition that injured you, left debris or materials in dangerous locations, or operated equipment negligently, they may face liability. The key question is whether the other subcontractor's conduct fell below reasonable standards of care and whether that negligence contributed to your accident.
For example, if an electrical subcontractor fails to properly de-energize systems before other workers perform tasks nearby, resulting in electrocution, the electrical contractor may face liability even to workers employed by different companies. Similarly, excavation contractors who fail to properly shore trenches may be liable when workers from other trades are injured in collapses.
Pursuing Third-Party Claims Against Contractors
Building a successful claim against contractors or subcontractors requires establishing their specific negligent acts or omissions and connecting that negligence to your injuries. Documentation from the worksite becomes crucial, including safety meeting records, daily logs, inspection reports, and any OSHA citations issued following your accident.
Witness testimony from other workers who observed conditions at the site often proves essential. Workers from various contractors may have noticed hazards, heard discussions about safety concerns, or witnessed the accident itself. Gathering this testimony before memories fade and workers disperse to other projects significantly strengthens your case.
Damages and Recovery
Third-party claims against contractors provide access to full compensatory damages unavailable through workers' compensation. You can recover for pain and suffering, emotional distress, loss of enjoyment of life, and the complete impact of your injuries on your earning capacity and quality of life. When contractor conduct was particularly egregious, punitive damages may also be available.
These claims operate independently of your workers' compensation benefits, though your employer's workers' comp carrier will typically have a lien against third-party recoveries. Working with an attorney experienced in construction injury litigation ensures you identify all liable parties and navigate the interaction between workers' comp and civil claims effectively.