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My father is an electrician and was working on a construction site when he fell through a hole in the floor on the second floor. He has several fractures and cannot work for a long time. Can he sue?

 

A:

Yes he can, depending on the situation.  First and foremost, he needs to file a worker's compensation claim because he was injured while working on the job.  Worker's compensation would cover his medical expenses and a percentage of his lost wages for the time that he cannot work.

Second, he may have a claim against other third parties.  If your father's company was a subcontractor on the construction site, he may be able to bring a claim against the general contractor, who is responsible for the project on the worksite, or a third party responsible for erecting fall protection systems around the hole your father fell through. 

In your father's case, if he fell through the hole because a fall protection system did not exist, such as guardrails around the hole or covers on the hole, the third party who was responsible for making sure there was fall protection may be sued.  The third party may be the general contractor or another third party.

In order to determine the third parties responsible for your father's fall and injuries, we would need more information from your father and need to conduct an investigation to determine all parties involved.

Feel free to contact my office to discuss your father's case further at 877.944.8396.

For more info, you can also access our articles about fall protection and injuries at a construction site:


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