Construction Accidents And Third Party Claims


When an employee is injured on a job site, particularly on a construction job site, the injuries sustained can be serious. Heavy equipment is typically involved on large commercial construction projects and it is not unusual for construction workers on large construction projects to be exposed to a variety of different dangers during the work day. If an employee is injured on the job, under our Workers’ Compensation laws, the claim will primarily have to be brought against the employer’s workers’ compensation insurance carrier which, of course, will restrict the employee’s rights to payment of medical expenses and limited lost wages, however, when the negligence of a non-employer/third party is involved, it is sometimes possible to obtain a liability judgment against the responsible third party.
Construction Site With A Few Cranes At Early Stage
A case that comes to mind which we handled involved a forklift owned by a third party which injured an employee who was on the job working for his employer. The driver of the forklift worked for a different company and when he ran over our client. Unfortunately, the client’s leg had to be amputated. This case involved not only workers’ compensation benefits but also a third party liability claim against the at fault forklift driver and his employer. Although Motions to Dismiss were filed based on alleged employer immunity, the Court denied those motions and held that where there was evidence of the negligence of a third party, the injured employee of another company (our client) could proceed with his liability claim. Shortly after that ruling was obtained, we obtained an excellent settlement for our client.In those cases where an employee is injured on the job and sustains a serious or permanent personal injury, the case must be carefully reviewed to see if there is the availability of a potential third party claim. Victims of negligence deserve to be compensated and if third party negligence injures an innocent employee at a construction site or otherwise, then that third party should bear the liability for the damages inflicted on the innocent victim.
Facebooktwittergoogle_plusredditpinterestlinkedinmail

About Richard Hendrix

Richard W. Hendrix is a former state and federal prosecutor who has more than 30 years of experience in complex civil and criminal litigation. He has also served as a mediator in Alternative Dispute Resolutions (ADR).

Since joining Finch McCranie in 1985, Mr. Hendrix has built an extensive litigation practice focusing on wrongful death and serious personal injury cases as well as federal white collar criminal defense cases. He has successfully represented injured parties in personal injury cases throughout the state of Georgia. Mr. Hendrix has also effectively defended business and individuals, including a former US Congressman, against indictments and grand jury investigations. In 2006 and 2008-2012, he was selected to Georgia Super Lawyers.

He is admitted to practice in Georgia and South Carolina. Mr. Hendrix is licensed to appear before the United States District Court for the Northern District of Georgia and the District of South Carolina as well as the United States Court of Appeals for the Fourth Circuit, Fifth Circuit, and Eleventh Circuit.

From 1979-1985, Mr. Hendrix served as an Assistant United States Attorney for the Northern District of Georgia. He was also Associate Independent Counsel for the investigation of the Department of Housing and Urban Development from 1991-1992.

Mr. Hendrix graduated with cum laude honors from Davidson College and he received his law degree from Emory University. Since 1992, Mr. Hendrix has been an Adjunct Professor of Litigation at Georgia State University College of Law. He is also a Master of the Bench with the Lamar American Inn of Court where he works to enhance the professional, ethics and skills of the legal community.

Mr. Hendrix has also authored numerous articles including: “High Speed Police Chases and Injured Innocent By-Standers,” The Verdict (Summer, 2015) “Tolling the Statute of Limitations in Tort Cases for Victims of a Crime,” The Verdict (Fall, 2007); “A Refresher On the Federal Tort Claims Act,” The Verdict (Winter, 1999); “Rule 16 and the Jencks Act: A Need for Legal Reform,” Calendar Call (Winter, 1996); “Corporate Criminal Liability: The Need for Effective Compliance Programs,” South Carolina Lawyer (March/April, 1993); “Crossing State Lines in Wrongful Death Actions: Traps for the Unwary,” The Verdict (Fall, 1990); and “White Collar Crime: New Tools for Prosecution,” The Atlanta Lawyer (Summer, 1986)