Can I Sue for a Construction Site Injury?

Yes, in Michigan, you may be able to file a lawsuit for a construction site injury if someone other than your employer—like a property owner, general contractor, or subcontractor—was negligent and caused your injury.

If you have been hurt on a construction site, you’re not alone – and you’re likely facing one of the most stressful times in your life. Construction site injuries can be sudden, traumatic, and life-changing. One moment, you’re doing your job, and the next, you’re dealing with pain, medical bills, lost income, and uncertainty about what comes next.

You might be wondering: Can I sue? Who’s responsible? How much compensation could I actually receive?

These are difficult questions, but the answers can make a huge difference in your recovery. In this post, we’ll walk you through the types of construction site injuries, what steps to take after an accident, and what kind of compensation you may be entitled to. We’ll also explain how to identify the right person to sue and why it is a third party when dealing with construction site accidents.

Who Can You Sue After a Construction Site Injury?

In most instances gaining compensation for a construction site injury outside of workers’ compensation means suing a third party – not your employer. There are some exceptions to this, like:

• If your employer intentionally causes you to suffer an injury, or
• If your employer doesn’t have worker’s compensation.

All other cases would mean suing someone outside of the workplace. If you are already receiving workers’ compensation, this is a way to gain extra compensation for the injuries you sustained at work.

Who is a Third Party?

Common examples of a third party you can sue due to a construction site accident for compensation are:

• Equipment manufacturers: If your injury is caused by faulty equipment.
• Contractors or subcontractors: If your injury resulted from them not following safety regulations.
• Drivers: If your injury was sustained from a traffic accident and the driver is someone outside of the workplace you can seek damages from that person.
• Property Owner: If your injury came as a result of a property owner’s unsafe property that they failed to warn you about.

According to the Michigan Supreme Court ruling that established the common workplace doctrine, if you want to gain compensation from one of the above listed parties you need to prove the following occurred:

(1) the defendant, either the property owner or general contractor, failed to take reasonable steps within its supervisory and coordinating authority 

(2) to guard against readily observable and avoidable dangers 

(3) that created a high degree of risk to a significant number of workmen

(4) in a common work area.

Your attorney will help you prove the defendant is liable in those ways, but following the steps outlined above will help you more effectively get your case moving forward.

Steps to Take After a Construction Site Injury

If you experienced any of the above listed injuries due to an accident on the job, it is important to take these next steps if you plan on suing for compensation.

• Report the incident: It is important to notify a boss or employer about the situation, so that they can write a report and provide you a copy. You will then have a record of the incident that can be used when trying to get compensation. It is important to note if you suspect damage from one of the above listed potential third-parties as it could indicate third-party liability. 
• Seek Medical Attention: If you are injured it is important to get medical help in order to treat any injuries you may have sustained in the accident. Make sure to keep a record of any facilities and doctors you may have seen that treated you for the injury so that these records can be easily retrieved to help back up your construction site injury claim.
• Reach Out to an Attorney: As mentioned, it is important to secure trusted legal counsel, like our attorneys at Giroux Pappas Trial Attorneys, in order to get the compensation you deserve.

Common Types of Construction Site Accidents

According to the US Bureau of Labor Statistics, there were 2.6 million injury and illness cases in 2023 with 5,283 of those being fatal. Some of the most common types of construction site accidents include:

• Transportation/car accidents
• Slips and falls
• Exposure to harmful substances
• Struck by an object
• Electrocutions
• Being caught between objects

These types of construction accidents can lead to serious problems and can result in life altering injuries. In many instances these are not caused by your employer, but by one of the third parties previously discussed.

Common Types of Injuries from a Construction Site Accident

Some of these common injuries sustained on construction sites are:

• Broken bones
• Lacerations
• Back injuries
• Carpal tunnel
• Chemical poisoning

These injuries can lead to serious problems including death. If you or a loved one has been injured in a construction site incident it can be a scary and uncertain time to figure out the next steps. Don’t hesitate to call our experienced construction site accident attorneys at Giroux Pappas Trial Attorneys.

How Much Can You Recover for Your Construction Site Injury?

There are a lot of different factors that are considered when looking at how much compensation you may be eligible for after a construction site injury: 

• How you were injured
• The type of injury
• Where you were injured
• How much it impacted your quality of life 

Based on these factors, a dollar amount will be decided on either before a trial or in the courtroom. Some cases resolve for as little as $25,000 and some are in the millions. When a third party is at fault, you may be able to recover more than what workers’ comp offers, including pain and suffering.

At Giroux Pappas Trial Attorneys, we have a history of achieving large compensation for our clients. We have had numerous multi-million dollar resolutions for our construction site injury clients.

Call Us Today!

If you’ve been hurt in a construction site accident, Giroux Pappas Trial Attorneys can help. Our experienced attorneys understand the complexities of construction site accidents.

We’ll conduct a thorough investigation, preserve evidence, and help you recover the compensation you deserve. Call today at 248-629-1455.