If I receive workers' compensation benefits, can I still file a lawsuit for an injury received at a construction site?

A:

Yes.

While the employer cannot be sued because workers’ compensation is the exclusive remedy against an employer, there are other individuals, such as contractors and subcontractors, at construction sites who may be liable to an injured worker.

• The General Contractor is typically responsible for safety on the job site.  A General Contractor may be liable for any failure to comply with OSHA or the failure to take other safety precautions.
• If an injury is caused by another subcontractor, or by a defective product or tool, lawsuits may be filed against the General Contractor and subcontractors, of against the manufacturers of defective products and tools.  This is true even if the injured worker has received workers’ compensation benefits.

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