You’re halfway through a shift when a piece of equipment fails, a scaffold gives way, or a driver backs into your work zone. The injury changes everything, but when someone other than your employer caused it, workers’ compensation may only tell part of the story. North Dakota construction workers who are injured by a third party’s negligence can file a separate personal injury claim to recover damages that workers’ comp does not cover, including pain and suffering. A North Dakota construction accident attorney at Pringle & Herigstad, P.C. can evaluate whether you have a third-party claim and fight for the full compensation your injury demands.
What Is a Third-Party Claim in Construction?
A third-party claim is a personal injury lawsuit filed against someone other than your employer or coworker. On construction sites, multiple companies, property owners, and equipment suppliers often work in close proximity. When one of those parties acts negligently and you get hurt, you have the right to seek compensation directly from them.
This is separate from workers’ compensation. In North Dakota, workers’ comp is administered through Workforce Safety & Insurance (WSI), the state’s exclusive workers’ comp fund. WSI benefits are available regardless of fault, but they are limited to medical expenses, wage‑loss benefits (a percentage of your lost wages), rehabilitation, and a limited award for permanent impairment, including disfigurement. They do not cover pain and suffering or fully replace all lost income.
A third-party claim fills that gap. It allows you to pursue the responsible party in civil court for the complete range of damages your injury has caused.
When Can a Construction Worker File a Third-Party Claim?
You may have a third-party claim when someone other than your employer or a direct coworker caused or contributed to your injury. Common scenarios on North Dakota construction sites include:
- A general contractor or subcontractor created unsafe conditions or failed to maintain a safe work environment
- A property owner knew about a hazard on the site and did nothing to correct it or warn workers
- An equipment manufacturer sold or distributed a defective tool, crane, harness, or piece of heavy machinery
- A truck driver or delivery operator caused an accident in or near the work zone
- An architect or engineer provided flawed designs that contributed to a structural failure
North Dakota’s energy and agricultural industries bring unique construction risks, from oil field sites in the Bakken to grain elevator projects across the state. Workers on these sites often interact with multiple contractors and suppliers, which increases the potential for third-party liability.
What Damages Can You Recover in a Third-Party Claim?
A successful third-party claim can provide compensation well beyond what WSI offers. Recoverable damages may include:
- Full lost wages, including overtime and future earning capacity, not just the partial wage replacement WSI provides
- Pain and suffering, which workers’ comp does not cover at all
- All past and future medical expenses related to the injury
- Disfigurement and permanent disability
- Loss of enjoyment of life and quality of life
If a loved one was killed in a construction accident, surviving family members may be able to file a wrongful death claim against the responsible third party. North Dakota’s wrongful death statute of limitations is two years, so timely legal action is critical.
Can You File Both a Workers’ Comp Claim and a Third-Party Claim?
Yes. These are two separate legal processes, and pursuing one does not prevent you from pursuing the other. You can collect WSI benefits for immediate medical care and wage replacement while also filing a third-party lawsuit for the damages workers’ comp doesn’t cover.
There is one important detail. If you recover money through a third-party claim, WSI may have a right to be reimbursed for benefits it has already paid. This is called a subrogation lien. Your attorney can negotiate this lien to help maximize what you actually take home.
What Do You Need to Prove in a Third-Party Claim?
Unlike workers’ comp, which pays benefits regardless of fault, a third-party claim requires you to prove negligence. Specifically, you must establish:
- Duty of care: The third party had a legal obligation to act safely. For example, a general contractor has a duty to maintain a safe worksite under federal OSHA standards.
- Breach: The third party failed to meet that obligation, such as by ignoring safety protocols, using defective equipment, or failing to warn of known hazards.
- Causation: The breach directly caused or contributed to your injury.
- Damages: You suffered real, documented harm, including medical bills, lost wages, and pain.
Construction accident cases often require expert testimony, accident reconstruction, and detailed review of safety records. An experienced attorney can identify all potentially liable parties and build the strongest case for full compensation.
Hurt on a Construction Site? Contact Pringle & Herigstad, P.C.
If you were injured on a North Dakota construction site, you may have options beyond workers’ compensation. Contact Pringle & Herigstad, P.C. for a free consultation. Serving Minot, Grand Forks, and communities across the state, our personal injury attorneys have more than a century of experience helping injured workers fight for the compensation they deserve.