When Workers Are the Danger: Understanding Third-Party Lawsuits

As many areas of North Dakota see growth and development, there are often a lot of service providers working together to build, repair, and renovate. That increases the risk of an accident. If you are a worker on a job site and suffer an injury due to the actions or inactions of another party on the site, you may be able to file a personal injury claim.

At Larson Law, we work with clients who may have been hurt in these incidents. We aim to help you recover losses in your third-party lawsuit for a personal injury claim so that you can recover damages and begin to get back to your life.

Examples of third-party injury lawsuits

Third-party lawsuits can be somewhat confusing. They are not workers’ compensation cases. A workers’ compensation case involves an employee who suffers an injury and files a claim with their employer’s insurance company for wage loss and medical benefits. Fault doesn’t matter.

Third-party lawsuits are personal injury lawsuits. You may want to file a third-party lawsuit if:

• You are an electrician working on a home renovation project. You trip, fall, and strike your head, suffering a traumatic brain injury because a plumber created a hazard by leaving tools in the way. In this situation, you may be able to sue the plumber to recover your losses.
• You are a truck driver carrying water to a fracking site. The party at the site prior to you failed to secure the area, and you are involved in an accident because of their negligence. You can sue that provider for their failure.
• You are a subcontractor on a project responsible for installing concrete on a project. You suffer injuries because an electrician left a live wire present at the job site. You may be able to seek compensation for your losses against that electrician or their company.

Third-party lawsuits like this can often happen in environments where there are multiple parties working together to achieve various goals. For example, there may be an HVAC team, carpenters on site, plumbers, mason specialists, electricians, and others located on the property. In these situations, a lot of work is being done, but it is very easy for a lack of communication or a proper understanding of what is occurring to take place. This increases the risk of injuries.

Who is liable in a third-party lawsuit?

In the examples above, it can seem obvious that someone else caused the injury due to their reckless behavior. In many cases, though, it is not as clear cut. There could be one or more liable parties, including:

• The worker or contractor that made a mistake
• The general contractor that created the unsafe conditions
• The property owner who created the risk
• The company responsible for the contractor doing the work
• Any combination of the above

As your Minot injury attorneys, we take pride in building a case against all negligent parties. To do this, we will gather information from multiple resources:

• Witness statements
• Evidence of the scene
• Photos or video from the scene
• Logs from workers present at the site
• Documentation of the injury with the site manager and/or your employer
• Medical records from EMS, hospitals, and treating physicians and specialists

There is often a lot of investigative work in more complex cases. This is something our attorneys handle so that you can focus on getting the support you need.

A quick note about social media

One of the resources we may use to help us build your case is social media: if someone posts about your accident, that can be submitted as evidence.

So, too, can any posts YOU make – so take care. Discussing the event on your Facebook or on X or IG, or any other social site, can prove detrimental to your case. The insurance companies are going to monitor your social network for “proof” that you weren’t really hurt, or that your losses aren’t as severe as you claim. We recommend that you avoid posting on social media, including through private messaging apps.

Recovering your losses through a third-party injury claim

If you are injured in a worksite accident, it is a very good idea to discuss your case with our Minot attorneys to fully explore what your right to compensation may be. Often, the responsible party (or, more accurately, their insurance company) should cover any losses you have resulting from that incident. That may include:

• Emergency medical care costs
• Ongoing medical care
• Chiropractic care
• Loss of wages and, potentially, a loss of future earning potential
• Loss of benefits and/or additional means of income
• Recovery costs related to rehabilitation
• Any property losses
• Costs for home renovations (if applicable)
• Pain and suffering, both physical and emotional/mental

Our attorneys will work to better understand the long-term complications you have as well. For example, if you are in a serious accident, you may not be able to work again. The incident, then, has impacted your earning capacity. Other times, you may be facing financial losses for being off work for months. There are times when these accidents also include significant pain and suffering. They may also involve trauma and mental anguish. You may be able to file a claim for all of those losses depending on what can be proven.

How our personal injury attorneys in Minot can help you

By working closely with you, we will gather all of the information available to help determine what amount of compensation you are owed. Each situation is different, but our experience helping victims of work injuries obtain compensation is one of the advantages we can offer to you. We can help you by:

• Determining if you have a case
• Evaluating what your losses are
• Examining who is liable for your losses
• Pursuing financial compensation through related insurance companies
• Going to court to fight for fair compensation if you cannot get it through a settlement

When workers are in danger, and they suffer due to a third-party worksite accident, they need reliable legal representation. Our team is here to help. Call Larson Law to work with our personal injury attorneys serving Minot, Bismarck, and Fargo. You can reach us for a free consultation by calling our office or submitting our contact form. We are happy to work closely with you to ensure you get fair compensation for any of the losses you have.