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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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Construction Accident Third-Party Claims

United States (federal and general)Last reviewed 18 September 2026

Workers' compensation is generally your only claim against your own employer, but on a construction site many other parties can be responsible. A third-party claim against a general contractor, another subcontractor, a property owner or an equipment manufacturer can recover pain and suffering and full lost earnings that workers' compensation does not.

Why Third-Party Claims Matter

Direct Answer: Because workers' compensation benefits are capped and do not compensate pain and suffering, a successful third-party claim can result in a far larger recovery than compensation alone.

Construction sites involve many companies working side by side. When someone other than your employer, such as another trade's negligence, an owner's unsafe premises, a defective machine or a design failure, contributed to your injury, that party can be sued in the ordinary way.

Who Can Be Sued

Depending on the facts, potential defendants include:

  • The general contractor, if it controlled site safety
  • Other subcontractors whose work created the hazard
  • The property owner, for unsafe premises
  • Manufacturers of defective tools, scaffolds, lifts or safety equipment
  • Architects or engineers whose design created a danger

Workers' Compensation Liens

The workers' compensation insurer that paid your medical costs and wage benefits may have a right to be repaid from any third-party recovery, called a lien or subrogation claim. Negotiating that lien is a significant part of a settlement, so ask how it will affect what you keep.

Frequently Asked Questions

Can I sue someone other than my employer after a construction accident?

Yes, potentially, including general contractors, other subcontractors, property owners and equipment manufacturers, while workers' compensation covers your employer relationship.

What damages are available in a third-party claim?

Full damages including pain and suffering, and full lost earnings and future losses, which workers' compensation generally does not provide.

Does workers' comp get repaid from my settlement?

Often yes. The insurer may have a lien on the third-party recovery for benefits paid, though it can sometimes be reduced by negotiation.

What if I was partly at fault?

Comparative fault rules may reduce your recovery in the third-party claim, though your workers' compensation benefits are not generally reduced for your own fault.

Does the general contractor always owe me a duty?

Not always. It depends on state law and whether it controlled the work or site, so early legal advice matters.

Can I get a construction accident lawyer without paying upfront?

Usually, yes. Personal injury attorneys typically work on contingency, being paid a percentage of the recovery only if the case succeeds, with the percentage and the treatment of case costs set out in a written agreement. Ask whether costs are deducted before or after the fee is calculated, and read the agreement before you sign.

How long do I have to file a claim?

It depends on the state and defendant. General personal injury deadlines are commonly two to three years, for example two years in California, Texas and Florida and three in New York, but claims against government bodies often have much shorter notice deadlines, and some claim types have their own rules. Do not wait to find out.

You May Also Be Interested In

Construction Accidents

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Construction Site Fall Injuries

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Workers' Comp Exclusive Remedy & Third-Party Suits

When you can sue beyond workers' comp

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Workers' Compensation

Workplace injury claims

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Liens and Deductions

Why a settlement pays less than the headline

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Cornell LII Wex — Workers' compensation

    A state no-fault system that pays medical costs and part of lost wages to injured workers, generally in exchange for the employer's immunity from a negligence lawsuit (the exclusive remedy rule). Injured workers can often still sue negligent third parties.

  4. 29 C.F.R. § 1926.501 (duty to have fall protection)

    OSHA requires fall protection, by guardrails, safety nets or personal fall arrest systems, for construction workers on unprotected sides and edges 6 feet or more above a lower level, with specific rules for roofing and residential construction.

  5. N.Y. Labor Law § 240 (the Scaffold Law)

    New York imposes a heightened, effectively strict duty on owners and contractors to provide proper protection against gravity-related hazards such as falls from heights, giving injured workers a claim beyond workers' compensation.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

Think you have a claim? Find out for free.

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)

    A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.