Construction sites are among the most hazardous workplaces in Ohio. When injuries happen, most workers turn to workers’ compensation for help with medical costs and lost wages. But not every injury is fully covered by workers’ comp—especially when someone other than your employer was responsible. In those cases, a third-party lawsuit may be an option. Understanding how these claims work can help you protect your rights and pursue the full compensation you deserve.
Understanding Third-Party Lawsuits After a Construction Accident
A third-party lawsuit is a legal claim brought against someone other than your employer or co-workers, someone who played a role in causing your injury. These lawsuits are entirely separate from your workers’ compensation claim.
In the construction industry, multiple parties often work side by side: subcontractors, vendors, property owners, equipment manufacturers, and more. If one of these third parties causes or contributes to your accident, they may be legally responsible for your personal injury.
When Workers’ Compensation Isn’t Enough
Workers’ comp in Ohio offers no-fault benefits for medical care and partial lost wages, but it does not compensate for:
- Pain and suffering
- Full wage replacement
- Loss of quality of life
- Emotional trauma
- Punitive damages in cases of reckless conduct
If a construction accident results in long-term injuries or disability, these losses can be substantial. Filing a personal injury lawsuit against a third party can make up the difference.
Who Can Be Sued in a Construction Accident Third-Party Lawsuit?
You cannot sue your employer if you're receiving workers' compensation, but you can file a claim against other responsible entities. Examples of potentially liable third parties include:
- Subcontractors who create unsafe work conditions
- Property owners who fail to maintain a safe site
- Equipment manufacturers if defective tools or machines cause injury
- Delivery drivers or vendors who cause accidents onsite
- General contractors who ignore safety protocols
For instance, if a crane collapses due to a faulty part supplied by a separate company, that supplier could be held liable through a third-party lawsuit.
Common Construction Accidents That Lead to Third-Party Claims
Several types of construction accidents in Ohio frequently result in third-party litigation, especially when another party’s negligence or misconduct is involved:
- Scaffolding collapses
- Falls caused by defective safety gear
- Electrocutions from subcontractor-installed wiring
- Heavy equipment malfunctions
- Vehicle accidents involving outside drivers
- Burns or chemical exposure due to supplier negligence
Each of these incidents has the potential to form the basis of both a workers’ comp claim and a personal injury lawsuit.
How a Third-Party Lawsuit Differs from Workers’ Comp
It's important to understand the differences between these two types of claims:
| Aspect | Workers' Compensation | Third-Party Personal Injury Lawsuit |
| Fault Required? | No | Yes |
| Pain & Suffering Damages? | No | Yes |
| Compensation Cap? | Yes | No |
| Employer Liability? | Generally immune | Not part of lawsuit |
| Who Pays? | Employer’s insurance | At-fault third party or their insurer |
Because of these differences, combining both types of claims can maximize your financial recovery after a serious construction accident in Ohio.
The Role of a Personal Injury Lawyer in Third-Party Construction Claims
These cases are complex. A qualified personal injury lawyer can:
- Identify all potential third-party defendants
- Collect evidence and witness testimony
- Calculate full damages, including pain and suffering
- File court documents within the applicable deadlines
- Negotiate with insurance companies on your behalf
- Scrutinize your workers’ compensation claim to avoid benefits conflicts
Timing matters—a statute of limitations typically applies. In Ohio, you generally have two years from the date of injury to file a personal injury lawsuit, but it’s best to begin the process as soon as possible.
Real-World Example of a Third-Party Lawsuit in Ohio Construction
Imagine a roofer working on a residential project is injured when a ladder snaps in half. Workers’ comp will cover medical bills and partial lost wages—but if the ladder was defectively manufactured, the injured worker may also file a product liability claim against the ladder’s manufacturer.
If the injury is severe—say, multiple fractures and months of rehab—the damages from the personal injury claim could be far more significant than what workers’ comp provides.
Can You File Both a Workers’ Comp and Third-Party Claim?
Yes. In Ohio, you are allowed to file both a workers’ compensation claim and a third-party lawsuit, but you can’t collect twice for the same damages. If you recover damages from the third party, the Bureau of Workers’ Compensation (BWC) or your self-insured employer may request reimbursement for the benefits they paid.
Still, a successful third-party lawsuit can yield significant additional compensation, especially for long-term injuries or permanent disability.
Compensation Available in a Third-Party Construction Accident Lawsuit
A personal injury attorney will pursue damages beyond the limited benefits of workers’ comp. This can include:
- Medical expenses (past and future)
- Full lost income and reduced earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
Each case is unique. A personal injury lawyer will work to quantify your losses and seek appropriate compensation based on your circumstances.
Call Brandon J. Broderick For Legal Help
If you’ve been injured in a construction accident and suspect a third party may be at fault, don’t try to navigate the legal maze alone. A personal injury attorney at Brandon J. Broderick, Attorney at Law, can help you evaluate your options and pursue the compensation you deserve—beyond what workers’ comp offers.
We have extensive experience handling third-party lawsuits and complex workplace injuries throughout Ohio. Let us fight for your rights while you focus on recovery.
Contact us today for a free consultation.