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Third Party Liability Claims and Indemnity Agreements in the Construction Industry

The construction industry is one that requires collaboration between multiple parties given the complex nature of operations and putting up any structure, be it commercial or residential real estate. Contractors and sub-contractors will be required to bring in materials, workers, supervise the work to ensure it is going on as scheduled, as well as oversee the implementation of various building codes.

To this end, injuries at any construction site may be difficult to resolve, necessitating the need for signing an indemnity agreement. Simply put, this is a legal agreement that absolves one party of the responsibility of compensating workers should they get injured in favor of another party, which may help alleviate some or all of the legal consequences that follow shortly after an accident and subsequent injury.

Should a worker suffer injuries due to the negligent actions of another party, they are owed compensation via the itemization of damages such as the cost of medical treatment, rehabilitation, lost wages and so on. 

The language in these indemnity agreements can vary and make it difficult to seek said compensation, as the liable party may refer to the agreement stating that they only agreed to cover certain injuries or accidents. Third party liability claims are preferable to workers’ insurance given the fact that the latter only covers a limited amount of damages and may leave the injured construction worker scrambling to take care of future bills as well as manage the potential disability they may be left with after the injurious incident.

If you were injured at a construction site due to someone else’s negligence, it is vital that you work with an experienced attorney who understands the intricacies of third party claims as well as someone who can break down indemnity agreements so they do not stand in the way of your rightful compensation, something we’d love to assist you with. 

Are you looking for the best construction site injury lawyer? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. Our best third party injury attorneys bring to the table over 90 YEARS of combined legal experience where we’ve helped tens of thousands of individuals seek compensation for decades, and continue to do so with passion and integrity.

The secret to our illustrious and incomparable success lies in the fact that we are not afraid to litigate claims should we believe that they have merit and the client deserves maximum compensation based off their injuries. While courtroom litigation may seem excessive, it is often the only way in which one can recover fair compensation in injury claims featuring third party liability. 

By contrast, most firms simply engage the insurance company in settlement agreements which may seem fast and convenient, but often end up in insufficient payouts for the plaintiff who may then be forced to take care of their own medical bills, go without reimbursement for lost wages and so on. In addition to having nationwide reach thanks to our reliable network of referral law firms and attorneys, we also run a bilingual firm (hablamos Español), and we take on all cases on contingency fee basis, which simply means that there are ZERO UPFRONT FEES for the duration of the processing of the claim, as we only levy our fees at the end of the suit, and only if we’ve recovered compensation on your behalf.

If you were injured at a construction site and blame the actions of a third party contractor, please give us a call NOW at (314) 481-63338 to learn more about your legal options for justice and compensation – our intake team is standing by. 

Types of Indemnity Agreements in the Construction Industry 

Indemnity agreements simply outline the responsibilities of various party in a joint business venture should there occur an injury. 

Indemnity agreements can be between:

  1. Subcontractors hired to carry out a specific service or task 
  2. General contractors responsible for overseeing the project in its entirety
  3. Any vendors and suppliers responsible for providing equipment and materials at the site

Indemnity agreements can be divided into two:

  • Broad indemnity which usually makes one party for all claims related to work performed, regardless of fault. 
  • Limited indemnity where the agreement only covers specific injuries and circumstances which may be clearer in scope but not provide full protection on the part of the general contractor. 

Limitations of Indemnity Agreements 

Indemnity agreements are often complicated by the language contained in the contract, and should a claim go to court, the documentation will be scrutinized to determined if intent of both parties was clearly expressed, leaving no room for ambiguity.

In addition, state laws may come into play, where some states may restrict your ability to enforce broad indemnity clauses. Lastly, public policy often comes into play where courts may refuse to enforce indemnity agreements, particularly if they violate said policies in claims that involve willful misconduct or gross negligence. 

Best Third Party Injury Claim Lawyers – Call Us Today! 

It is important to prioritize your health immediately after getting injured at a construction site. Go to the ER or call for an ambulance so you can be medically assessed and your injuries documented. Take photos of the injury site as well as videos if you can, or ask a colleague to do the same before the evidence disappears, and let your supervisor know about the injury even if you feel well. Ensure that you do not apologize for anything or verbally allude to you not being careful which could have led to your accident and injuries as this may be used against you during the claims process, and make sure to sign nothing until you speak with us at (314) 481-63338.

If you got injured at a construction site and are worried that you were asked to sign indemnity agreements, please reach out to us TODAY at (314) 481-63338 to learn more about how we can help secure your right to justice and compensation outside of traditional workers’ compensation. Remember, the call is 100% FREE, and there is no legal obligation. Thanks for choosing McCready Law, and we look forward to helping you.