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Across Michigan, new construction projects are moving at a rapid pace. From residential developments to large-scale commercial builds, job sites are constantly active—often with multiple crews working simultaneously to meet tight deadlines. While this growth reflects opportunity and progress, it also creates complex and high-risk environments for workers.
Construction sites are inherently dangerous, but new builds present unique challenges. Different contractors, subcontractors, and suppliers may all be working in close proximity, each responsible for a specific part of the project. Heavy machinery, elevated work areas, unfinished structures, and constantly changing conditions all contribute to an environment where hazards can develop quickly.
With so many moving parts and overlapping responsibilities, even a small lapse in safety can have serious consequences. A misplaced piece of equipment, a miscommunication between crews, or a failure to follow safety protocols can result in significant injuries. In many cases, these incidents are not just accidents—they are preventable events that occur when proper care is not taken.
Understanding Workers’ Compensation vs. Third-Party Claims
Workers’ Compensation Basics
Workers’ compensation is designed to provide benefits to employees who are injured on the job, regardless of who caused the accident.
- Coverage for medical expenses and lost wages
Injured workers are typically entitled to payment for necessary medical treatment and a portion of their lost income while they recover. - Limitations on suing employers directly
In most cases, workers’ compensation laws prevent employees from filing lawsuits against their direct employer, even if negligence played a role.
While these benefits are essential, they are often limited. They do not typically account for the full impact of an injury, particularly when it comes to long-term consequences or personal suffering.
What Is a Third-Party Construction Injury Claim?
A third-party construction injury claim arises when someone other than your employer is responsible for causing or contributing to your injury.
On a construction site, this may include:
- A subcontractor working on a different phase of the project
- A supplier providing materials or equipment
- A manufacturer responsible for defective tools or machinery
- A site manager or another entity responsible for safety coordination
These claims are separate from workers’ compensation and allow injured workers to pursue accountability beyond their employer.
Why Third-Party Claims Matter
Third-party claims can significantly expand the scope of recovery available to injured workers.
- Access to additional compensation
Unlike workers’ compensation, third-party claims may allow recovery for the full extent of financial losses—not just a portion of wages or limited medical coverage. - Compensation for pain and suffering
Workers’ compensation does not provide damages for pain, emotional distress, or reduced quality of life. Third-party claims can address these critical aspects of an injury. - Holding all responsible parties accountable
Construction sites involve many entities, and when negligence occurs, it is important to identify and pursue every party that contributed to the harm.
These claims recognize that a workplace injury is not always solely the responsibility of an employer—and that injured workers deserve a path to full and fair compensation.
Subcontractor Negligence
Common Examples of Subcontractor Negligence
Certain patterns of negligence frequently appear in construction injury cases:
- Improper scaffolding setup
Poorly assembled or unsecured scaffolding can lead to dangerous falls from height. - Leaving tools or debris in walkways
Cluttered work areas increase the risk of trips, falls, and other avoidable accidents. - Unsafe operation of heavy machineryInadequate training or careless operation of equipment can put nearby workers in immediate danger.
Shared Job Site Responsibility
One of the defining features of new construction sites is the presence of multiple parties working at the same time.
- Simultaneous operations by different crews
Electricians, plumbers, framers, and other trades may all be working in overlapping areas. - Increased risk due to lack of coordination
Without clear communication and scheduling, one crew’s work can create hazards for another.
Proving Fault
Establishing liability in a construction injury case requires more than showing that an accident occurred. It involves demonstrating how a specific party’s actions—or inaction—led to the injury.
- Establishing a duty of care
Each subcontractor and entity on-site has a responsibility to perform their work safely and avoid creating hazards. - Demonstrating how negligence caused the injury
Evidence must show that a failure to follow safety practices directly contributed to the accident.
Defective Equipment and Product Liability
Types of Defective Equipment
Construction work depends heavily on tools, machinery, and safety equipment. When any of these fail, the consequences can be severe.
Common examples of defective equipment include:
- Faulty power tools
Tools that malfunction, overheat, or fail during operation can cause burns, lacerations, or electrical injuries. - Defective safety gear
Equipment such as harnesses, helmets, or protective eyewear that fail to perform as intended can leave workers exposed to preventable harm. - Malfunctioning heavy machinery
Cranes, lifts, and other large equipment can pose serious dangers if they fail due to mechanical defects or faulty components.
How Product Liability Applies
When equipment or materials are defective, product liability law may provide a path to hold manufacturers and suppliers accountable. These claims focus on whether the product itself was unreasonably dangerous.
Product liability may arise from:
- Manufacturing defectsErrors that occur during production, resulting in a product that does not function as intended.
- Design flaws
Inherent issues in the product’s design that make it unsafe, even when properly manufactured. - Failure to warn
Lack of adequate instructions or warnings about known risks associated with the product.
Evidence Needed for Defective Equipment Claims
Building a strong defective equipment claim depends on preserving and analyzing key evidence.
- Preservation of the equipment
The actual tool or machinery involved should be kept in its post-accident condition whenever possible. Altering or discarding it can make it more difficult to prove a defect. - Maintenance and inspection records
Documentation showing how the equipment was maintained can help determine whether the failure was due to a defect rather than improper use. - Expert analysis
Engineers or industry experts are often needed to examine the equipment and identify defects or failures.
The Role of The Occupational Safety and Health Administration (OSHA) and Safety Violations
Importance of an OSHA Report
An OSHA report can be a key piece of evidence in a construction injury case.
- What an OSHA report includes
Details of the incident, site conditions, and any violations identified during an inspection. - How inspections and violations are documented
OSHA may conduct on-site investigations, interview witnesses, and review safety procedures to determine whether regulations were followed.
Common OSHA Violations on New Builds
Certain safety violations appear frequently on new construction sites, particularly when projects are moving quickly.
- Fall protection failures
Missing guardrails, improper harness use, or lack of fall protection systems can lead to serious injuries. - Lack of proper training
Workers who are not adequately trained may be more likely to misuse equipment or fail to recognize hazards. - Inadequate safety equipment
Failure to provide or maintain proper protective gear increases the risk of injury.
Using OSHA Findings in a Claim
OSHA findings can play an important role in supporting a legal claim.
- Evidence of unsafe conditions
Documented violations can demonstrate that the work environment did not meet required safety standards. - Strengthening proof of negligence
OSHA reports can help establish that a party failed to act reasonably in maintaining a safe job site.
When Construction Site Injuries Are Preventable
Construction sites are inherently dangerous environments, but many of the most serious injuries are not simply the result of unavoidable risk—they are the result of preventable failures. When proper safety measures are ignored, equipment is defective, or coordination between crews breaks down, workers are exposed to hazards that should never have existed in the first place.
Subcontractors, suppliers, and other third parties all play a critical role in maintaining a safe job site. When they fail to meet their responsibilities, the consequences can be devastating—impacting not only the injured worker, but their family and future as well. Holding these parties accountable is about more than financial recovery. It is about reinforcing safety standards and helping prevent similar injuries from happening to others.
Speak With a Michigan Work Injury Lawyer Who Puts You First
If you or a loved one has been injured on a construction site, you may have rights that go beyond workers’ compensation. At Liss, Shapero & Mitnick, you are not just another case—you are treated like family, with a dedicated team working together to protect your rights and pursue the compensation you deserve.
Contact Liss, Shapero & Mitnick today for a free consultation:
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