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Manfred F. Ricciardelli Jr., LLC
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Q
Can I file a Superior Court Liability claim if I an injured while working on a construction site?

A

The answer to this question is "maybe".

As indicated above, you can file a claim against your employer's workers compensation insurance carrier if you are injured while working on a construction site. This claim is heard in Workers Compensation Court. However, if your accident or exposure is the fault of some other business on the job site, or that business' employees, you may also have a valid Superior Court liability claim against that business.

Assume you are working for a subcontractor on a construction site. Assume employees of a different subcontractor improperly set up scaffolding and that scaffolding falls, injuring you. You would file a Workers Compensation claim against your employer's workers compensation insurance carrier. This claim would be heard in Workers Compensation Court. However, you would also be able to file a Superior Court liability claim against the business whose employees improperly set up the scaffolding. This claim would be heard in Superior Court. The additional requirements to file a Superior Court liability claim are that the claim must be against business/people other than the company you work for, they must have acted negligently and their negligence must have caused your injuries.

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