Third-Party Liability at Construction Sites

Construction site dangerous workspaces Injuries defective equipment human error

Construction sites are dangerous places. The Occupational Safety & Health Administration (OSHA) even ranks the construction site as one of the most dangerous workspaces, as workers are at risk for injuries from defective equipment and human error.

Typically, when an injury occurs, whether at a construction site or another facility, if it is work-related, Workman’s Compensation covers medical expenses. However, there are some situations where you may be able to bring a legal claim in addition to your Workman’s Compensation claim.

More about Workman’s Compensation.

CALL US AT (877) 284-6600.

Third-Party Claims on the Construction Site

There are numerous parties that work together on a construction project. Not all are employed by your employer.

When the negligence of a third party at the construction site contributes to or directly causes your injuries, you may have the option of a third-party claim.

A third-party claim is a legal claim against a third party who was at fault or partially at fault for the injury. Their negligence must have contributed to the worker’s injuries in some way.

Construction site dangers dangerous workspaces Injuries defective equipment human error risk for injuries third party liability

Third Parties may be the general contractor or a subcontractor, among others.

Third Parties may include:

  • Construction site general contractor
  • Equipment rental companies
  • Manufacturer of a product/designer of any defective product
  • Manufacturers of heavy machinery
  • Manufacturers of tools
  • Owner of the premises
  • Subcontractors
  • Third-party vendors

Examples of third-party claims might be things such as:

  • A defective ladder collapses when a worker tries to climb it.
  • A roofing subcontractor negligently installs roofing materials causing someone to fall.
  • Scaffolding is defective because of a design or manufacturing defect which causes it to collapse.
  • While operating heavy equipment (forklift, backhoe) on the site, a worker is injured. The equipment is found to be faulty due to a defective component.

Questions? Contact us at (877) 284-6600.

Accidents on a construction site can be catastrophic, leaving a person disfigured, permanently disabled, or worse. Many accident victims may not even be aware of a third-party claim so it’s recommended you speak with a lawyer as soon as you can.


In the Kansas City area and across Missouri, the Nash & Franciskato Law Firm will fight for your rights. Contact our legal team today at (877) 284-6600. One of our experienced staff will speak with you personally and will provide you with a free, no-obligation case evaluation.



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Find related blog articles: Construction Work and Industrial Accidents.


Past results afford no guarantee of future results and each case is different and is judged on its own merits. The choice of a lawyer is an important decision and should not be based solely on advertisements.

Editor’s Note: This post was originally published March 19, 2021. It was reviewed on March 21, 2023 and updated for content and accuracy.

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