Injured on a Job Site You Don’t Own? Your Rights as a Subcontractor
Construction sites are dangerous, and when you’re a subcontractor working on someone else’s property, understanding your rights after an injury is critical. You may not own the jobsite, but that doesn’t mean you’re without legal protection. In fact, subcontractors injured due to unsafe conditions or negligence often have more legal options than they realize.
Workers’ Compensation Is Just the Starting Point
As a subcontractor, you’re typically covered by workers’ compensation insurance—either your own policy or the general contractor’s. This provides medical care and partial wage replacement. However, workers’ compensation isn’t always your only remedy, especially when third parties are responsible for your injury.
The key difference is this: workers’ comp protects you from your own employer’s negligence, but it doesn’t prevent you from pursuing claims against other responsible parties on the jobsite.
When Third-Party Claims Apply
Third-party liability claims become available when someone other than your employer causes your injury. On construction sites, this happens frequently:
- Property owners who fail to disclose known hazards or maintain safe premises can be held liable. If they knew about dangerous conditions—unstable structures, hidden utilities, or environmental hazards—and didn’t warn contractors, they’re responsible for resulting injuries.
- General contractors owe a duty to maintain overall site safety even when subcontractors are performing the work. When they fail to coordinate safety protocols, ignore OSHA violations, or create dangerous conditions, they can be sued directly.
- Other subcontractors whose negligence causes your injury are liable for damages. If an electrical subcontractor’s faulty work causes a fire that injures you, or a demolition crew’s carelessness causes a collapse, you have legal recourse against them.
- Equipment manufacturers are liable when defective tools or machinery cause injuries. Faulty scaffolding, malfunctioning power tools, or defective safety equipment all create product liability claims separate from workers’ compensation.
Why Third-Party Claims Matter
Third-party claims allow you to recover damages that workers’ compensation doesn’t cover:
- You can pursue full wage replacement instead of partial benefits.
- You can recover compensation for pain and suffering.
- You can obtain damages for permanent disabilities beyond what workers’ comp provides.
- You can recover for reduced earning capacity if you can’t return to your previous work.
These claims require proving negligence, which means documenting everything: site conditions, safety violations, witness statements, and photographic evidence.
Protect Your Full Legal Rights
Being injured on a jobsite you don’t own doesn’t limit your rights—it may actually expand them. The Law Offices of Tim Misny can help you with your construction injury claim. When you’ve been hurt by jobsite negligence, I’ll Make Them Pay!® Call my office at (877) 614-9524 so that I can evaluate your case right away.
