Third-Party Work Injuries: Claims Against Subcontractors & Property Owners

Injury cases on multi-employer worksites often turn complicated quickly. A worker may be hurt because another contractor left debris in a walkway, operated machinery unsafely, or failed to secure equipment. Other times, the property itself is unsafe—faulty flooring, poor lighting, hidden hazards, or structural defects. And when responsibility is disputed, injured workers are often left caught in the middle.

Workers’ compensation provides medical care and wage replacement, but it does not compensate for pain and suffering, loss of normal life, or long-term disability. That is where third-party claims come in. These claims hold at-fault subcontractors, property owners, or outside companies accountable—allowing injured workers to pursue the full recovery they deserve.

At Liss, Shapero & Mitnick, we bring decades of experience investigating complex worksites and identifying all responsible parties. With a commitment to integrity, clarity, and a client-first approach, our team works tirelessly to uncover the truth and ensure injured workers receive the strongest possible representation.

Understanding Third-Party Work Injury Claims

Difference Between Workers’ Compensation and Third-Party Claims

Workers’ compensation is designed to support employees after an on-the-job injury, but it has strict limits. It covers:

• Medical expenses
• A portion of lost wages

However, it does not provide compensation for:

• Pain and suffering
• Emotional distress
• Future earning loss
• Loss of mobility or quality of life

A third-party claim, on the other hand, allows an injured worker to pursue full damages when a company other than their employer—such as a subcontractor or property owner—caused the unsafe condition.

Common Third Parties at Worksites

Many companies share responsibility for creating a safe working environment:

• General contractors
• Subcontractors
• Property owners
• Vendors or delivery companies
• Equipment manufacturers or maintenance providers

When one of these parties is negligent, their insurance—not the worker’s employer—may be responsible for damages.

Why Third-Party Claims Matter

Third-party claims are essential because they:

• Provide financial recovery beyond workers’ comp, including pain and suffering
• Hold negligent companies accountable for unsafe practices
• Promote safer worksites by exposing and deterring dangerous behavior

For many workers, these claims are the only way to receive full compensation for life-altering injuries.

Claims Against Subcontractors

Duty of Subcontractors to Maintain a Safe Work Area

Each subcontractor on a job site must maintain safe conditions within their workspace. Their responsibilities include:

• Following OSHA and industry safety standards
• Preventing hazards created by their tools, materials, or work methods
• Coordinating safely with other trades, especially in tight or shared areas

When subcontractors do not uphold these responsibilities, everyone on the site is at risk.

Common Forms of Subcontractor Negligence

Many job-site injuries trace back to unsafe subcontractor conduct, such as:

• Unsafe equipment operation (forklifts, lifts, cranes, saws, etc.)
• Failure to mark or barricade hazards, including open trenches or live wires
• Improper debris disposal, leaving materials scattered in work paths
• Tools, cords, or equipment left in walkways
• Violations of OSHA rules or safety protocols, such as lack of fall protection

These oversights can create dangerous environments for everyone on site—not just the subcontractor’s own employees.

Proving a Subcontractor Caused the Injury

Successful third-party cases rely on evidence that clearly identifies negligent conduct. Key sources include:

• Job logs, daily reports, or task assignments showing who was working in the area
• Witness testimony from co-workers or other contractors
• Photographs, videos, and site safety audits documenting hazards
• Contract terms detailing which subcontractor was responsible for specific tasks or safety measures

By piecing together these materials, attorneys can determine exactly how the hazard was created and who is responsible.

Multi-Employer Liability

Complex worksites often involve overlapping responsibilities. In some cases:

• Multiple subcontractors contribute to an unsafe condition
• A general contractor fails to enforce site-wide safety standards
• A property owner allows hazardous conditions to persist

When more than one party shares fault, each may be held liable for the injury. These cases require experienced investigation to avoid gaps in responsibility.

Claims Against Property Owners

Legal Responsibilities of Property Owners

Property owners owe a duty of care to those working on their premises, including subcontractors, delivery drivers, maintenance crews, and visitors. Their responsibilities include:

• Maintaining safe premises to protect workers from foreseeable harm
• Warning of hidden or dangerous conditions that are not obvious, such as unstable flooring or electrical hazards
• Repairing defects or hazards within a reasonable time, especially if the condition poses an immediate risk

If a property owner fails in these duties, they may be held liable for the resulting injuries.

Common Dangerous Conditions Caused by Property Owners

Unsafe properties contribute to a wide range of workplace accidents. Common hazards include:

• Broken stairs or railings, leading to falls
• Unsafe flooring, including holes, soft spots, or uneven surfaces
• Poor lighting, making hazards invisible
• Hidden electrical dangers, such as exposed wiring
• Structural defects, including compromised beams or unstable walls
• Unsafe roofs, loose materials, or unprotected fall hazards

These conditions often exist long before subcontractors arrive and may worsen as work progresses.

When Property Owners Can Be Held Liable

A property owner may be accountable when:

• The hazard was known or should have been known
• The condition existed long enough that reasonable inspection would have identified it
• The owner failed to correct or warn about the hazard

Even if a subcontractor contributes to an unsafe environment, property owners can still share liability when the danger stems from their neglect.

How Property Ownership Documentation Helps Establish Fault

Investigating property ownership and maintenance history is key to proving fault. Critical documents may include:

• Property records identifying the owner or controlling entity
• Maintenance logs showing inspection schedules, repairs, or updates
• Prior incident reports revealing earlier complaints or injuries
• Communication between owners and contractors, which often exposes prior warnings or requests for repairs

These records help establish what the owner knew and when they knew it.

How Liss, Shapero & Mitnick Build Strong Third-Party Injury Cases

Comprehensive Investigation

Our attorneys begin each case with a thorough investigation of the worksite, the companies involved, and the events leading to the injury. This includes:

• Securing job logs, contracts, and site documents that define duties, safety obligations, and responsibilities
• Identifying all companies present at the worksite, including subcontractors, vendors, delivery personnel, and property owners
• Preserving video, equipment, and physical evidence before companies attempt to repair, remove, or alter the hazard

This immediate action ensures that crucial evidence is not lost, destroyed, or rewritten after the injury.

Identifying All Responsible Parties

Third-party injury cases often involve multiple companies whose negligence contributed to the unsafe condition. Our team works to:

• Determine whether subcontractors, property owners, suppliers, or multiple entities played a role
• Trace responsibility through contracts, logs, and work assignments
• Hold each negligent party accountable for their contribution to the injury

This multi-layered analysis helps maximize available compensation.

Working Alongside Workers’ Compensation Benefits

Our attorneys understand the importance of coordinating third-party claims with workers’ compensation benefits. We work to:

• Avoid conflicts with workers’ compensation recovery rules
• Ensure that both claims work together rather than undermine each other
• Secure the maximum compensation available from all possible sources

This strategy ensures injured workers are not limited by workers’ comp alone.

Client-First Communication & Support

At Liss, Shapero & Mitnick, injured workers receive personal, compassionate support from start to finish. We provide:

• Clear explanations at every step of the investigation and legal process
• Compassionate guidance throughout medical treatment, insurance issues, and recovery
• A team-based approach, where multiple attorneys contribute their experience and insight to every case

Our commitment to integrity and client-centered service ensures workers feel informed, supported, and protected.

Steps an Injured Worker Should Take After a Worksite Accident

Report the Injury Immediately

• Notify your supervisor or site management right away
• Make sure an official incident report is completed and documented

Take Photographs or Video

• Capture the hazard, equipment involved, lighting conditions, debris, and the surrounding area
• Take photos before anything is cleaned up, repaired, or removed

Identify the Companies on Site

• Note badges, vehicle logos, uniforms, or contractor signs
• Identify subcontractors or crews working near the accident

Seek Medical Treatment

• Immediate care protects your health
• Medical records create a timeline linking your injuries to the accident

Contact an Attorney Early

Reaching out to an attorney promptly allows us to:

• Prevent loss of evidence, including video or job logs
• Protect your rights when dealing with multiple companies and insurers
• Begin an investigation before responsibility is shifted or denied

Protect Your Rights on Complex Worksites

Worksites with multiple contractors and property owners can become confusing—and dangerous—very quickly. When a third party creates an unsafe condition, the consequences can change your life in an instant. At Liss, Shapero & Mitnick, we dig deep, uncover responsibility, and fight to secure full compensation for injured workers across Michigan.

You deserve a legal team that treats you like family, stands by you at every step, and advocates with integrity, compassion, and relentless dedication. Your recovery matters, and we are here to protect your future.

Contact Liss, Shapero & Mitnick

Address: 2695 Coolidge Highway, Berkley, MI 48072
Phone: 248-584-1300
Toll-Free: 1-855-LISS-LAW (1-855-547-7529)
Fax: 248-584-1323
Website: lsmlawyers.com

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