Construction sites bring together general contractors, subcontractors, property owners, equipment suppliers, and many moving parts. When a serious construction accident happens, injured workers often assume workers’ compensation is the only option. That is not always true.
At Joye Law Firm Injury Lawyers, we have represented injured South Carolinians since 1968. Our firm has handled complicated construction accident cases involving subcontractor negligence, unsafe conditions, and defective equipment. Some examples include:
- $2.15 million settlement for a client who suffered a three-story fall from scaffolding.
- $9 million settlement for a trucker who suffered catastrophic brain and orthopedic injuries when a 1,000-pound industrial roll crushed him due to unsafe workplace procedures.
- $1 million settlement for a veteran who fell through an unmarked open elevator shaft at a Myrtle Beach construction site, suffering severe pelvis and leg fractures that required multiple surgeries and spinal stabilization.
- $1 million settlement for an insulator apprentice who was struck by a scissor lift, causing injuries to her spine, shoulder, and knee.
- $685,000 settlement in a third-party claim for a construction worker who fell twelve feet due to a missing guardrail.
Although past results cannot guarantee future outcomes, they do reflect our commitment to helping injured workers and our successful track record of holding the parties responsible for their injuries accountable.
If you are searching for answers about third-party liability lawsuits for construction accidents caused by subcontractors, this guide explains how the law works in South Carolina and how injured construction workers may pursue maximum compensation.
How Does Third-Party Liability Work After a Construction Site Accident?
Most injured employees turn to the workers’ compensation system first. Workers’ comp is a no-fault system. That means you do not have to prove who was at fault to receive workers’ compensation benefits. It covers medical bills and pays a portion of your wages. However, workers’ compensation does not provide compensation for pain and suffering, emotional distress, or lost wages. It also does not include punitive damages.
That’s where a third-party liability claim comes into play. It allows injured construction workers to seek additional compensation beyond workers’ comp. In construction accident cases, there are often multiple parties involved on the job site. If someone other than your direct employer caused or contributed to the accident, you may have grounds for a personal injury lawsuit in addition to a workers’ compensation claim.
This type of case is known as a third-party liability claim or third-party lawsuit.
Can You Sue a Subcontractor for Negligence on a Job Site?
Yes, in many situations, you can sue a subcontractor if their negligence caused the construction site accident.
Construction projects often involve several subcontractors handling specialized tasks. One crew may handle scaffolding. Another may manage electrical work. Another may operate heavy machinery. If a subcontractor failed to follow safety rules, ignored occupational safety standards, or created unsafe conditions, they may be held liable.
For example, subcontractor negligence may include:
- Failing to install adequate safety equipment
- Removing guardrails or safety gear
- Ignoring health administration guidelines
- Leaving hazardous materials unsecured
- Creating unsafe conditions that put other workers at risk
- Failing to perform needed maintenance on heavy machinery
If the accident occurred because a subcontractor breached their legal responsibility to maintain a safe work area, you may file a personal injury action against that company. This is party liability in construction. It recognizes that all the parties on a job site owe a duty to act with reasonable care.
What Must You Prove in a Third-Party Liability Lawsuit?
Unlike workers’ comp, a third-party personal injury lawsuit requires proof of fault. To recover damages, you must show:
- The third-party owed a duty of care
- They breached that duty
- Their breach caused your construction accident
- You suffered injuries and financial losses
Evidence plays a central role. Accident reports, witness statements, photographs of unsafe conditions, and expert analysis can help prove your case. In construction accident cases, proving third-party negligence often requires reviewing contracts between general contractors and subcontractors. These contracts may outline safety responsibilities and clarify who has control over the work area.
