Workplace accidents cause thousands of spinal cord injuries annually. While workers' compensation provides some benefits, third-party claims may allow full recovery of lost wages, pain and suffering, and lifetime care costs.

High-Risk Industries

Construction

Construction workers face the highest risk of occupational spinal cord injuries:

  • Falls from heights—scaffolding, ladders, roofs, elevated platforms
  • Struck-by incidents—falling objects, swinging loads, moving equipment
  • Caught-in accidents—trench collapses, machinery entrapment
  • Vehicle incidents—forklifts, cranes, dump trucks

Transportation and Warehousing

Workers in logistics face risks from:

  • Forklift accidents
  • Loading dock falls
  • Being struck by moving vehicles
  • Falling merchandise

Manufacturing

Factory workers face machinery hazards:

  • Crushing injuries from heavy equipment
  • Falls from industrial platforms
  • Struck by moving parts or materials

Healthcare

Patient handling injuries affect healthcare workers:

  • Lifting and transferring patients
  • Restraining combative patients
  • Accumulated repetitive strain

Workers' Compensation Basics

Workers' comp covers workplace injuries regardless of fault but has significant limitations:

Benefits Provided

  • Medical expenses—all necessary treatment covered
  • Temporary disability—typically 2/3 of wages while recovering
  • Permanent disability—scheduled benefits based on impairment
  • Vocational rehabilitation—retraining for alternative work

Workers' Comp Limitations

Workers' comp often fails catastrophically injured workers:

  • No pain and suffering compensation
  • Wage replacement capped well below actual earnings
  • Permanent disability schedules may undervalue paralysis
  • No recovery for lost earning capacity beyond schedules
  • Cannot sue your employer for full damages

For spinal cord injuries requiring millions in lifetime care, workers' comp alone is grossly inadequate.

Third-Party Claims: Full Recovery

You can sue parties other than your employer without workers' comp limitations. Third-party claims allow recovery of:

  • Full lost wages and lifetime earning capacity
  • Pain and suffering
  • Loss of enjoyment of life
  • All future medical and care costs

Common Third-Party Defendants

Property Owners

If you were injured on property your employer didn't own or control, the property owner may be liable for:

  • Dangerous conditions on the premises
  • Inadequate safety measures
  • Failure to warn of hazards

General Contractors

On construction sites, general contractors often retain responsibility for overall safety. OSHA violations by general contractors support negligence claims.

Subcontractors

Other contractors whose negligence created hazards may be liable even if they didn't directly employ you.

Equipment Manufacturers

Defective machinery, safety equipment, or tools create product liability claims:

  • Defective scaffolding that collapsed
  • Faulty fall protection equipment
  • Malfunctioning machinery guards
  • Defective forklifts or other vehicles

Vehicle Operators

If a vehicle struck you at work, the driver (and their employer) may be liable. This includes:

  • Delivery drivers entering work sites
  • Drivers of passing vehicles
  • Operators of heavy equipment

OSHA Violations as Evidence

Federal OSHA regulations establish minimum safety standards. OSHA violations are strong evidence of negligence:

  • Fall protection requirements (29 CFR 1926.501)
  • Scaffolding standards (29 CFR 1926.451)
  • Trench safety requirements (29 CFR 1926.652)
  • Machine guarding standards (29 CFR 1910.212)

Request OSHA inspection reports and citation history for the worksite.

Investigating Your Case

Evidence to Preserve

  • Incident reports—employer and contractor documentation
  • Photographs—accident scene, equipment, conditions
  • Witness information—coworkers who saw what happened
  • Equipment preservation—defective machinery should be preserved
  • Safety records—training records, safety meetings, prior incidents

Questions to Answer

  • Who owned or controlled the property?
  • Who supplied the equipment involved?
  • Were all OSHA requirements followed?
  • Did anyone other than your employer contribute to the hazard?
  • Was any equipment defective?

Damages in Workplace Spinal Cord Cases

Third-party claims can recover:

  • Medical expenses—past and future (offsetting workers' comp payments)
  • Lost wages and earning capacity—full recovery without caps
  • Pain and suffering—unavailable through workers' comp
  • Loss of enjoyment of life—particularly significant for young workers
  • Home modifications and equipment—accessibility needs

Workers' comp has a lien on third-party recoveries—your attorney will negotiate reduction of this lien.

Conclusion

Workplace spinal cord injuries deserve more than workers' compensation alone provides. Identifying third-party defendants allows full compensation for catastrophic injuries. An experienced attorney can investigate your accident, identify all responsible parties, and pursue maximum recovery while coordinating with your workers' comp claim.