Experienced Sioux Falls Injury Attorneys Fighting For Workers After Construction Site Accidents In South Dakota

Last updated on July 7, 2026

Construction work is dangerous even when everyone does their job correctly. When someone else on the site cuts corners – another subcontractor, a delivery driver, a property owner or an equipment manufacturer – the results can be life-changing.

At Alvine Law Firm, LLP, we do not just offer legal guidance for workers’ compensation claims. We also help injured tradesmen pursue compensation through a third-party lawsuit when an outside party’s irresponsible actions led to those workers’ injuries. We use decades of experience to help construction workers fight for the full support they need.

Injured On The Job? Workers’ Comp May Not Be Enough

Workers’ compensation is an important source of financial support after an accident, and it typically covers medical treatment and partial wage loss. Unfortunately, it does not pay for many of the damages that matter most after a serious jobsite injury, like full lost income, long-term career impact, and the full human cost of pain and suffering.

What Is Third-Party Liability?

When a construction injury is caused by someone other than your employer, you may have two claims at the same time: a workers’ compensation claim and a third-party personal injury claim against the outside person or company that caused the injury. This combination can significantly increase the total compensation available in a severe-injury case.

A third-party claim is a lawsuit or insurance claim against a person or company not in your employer’s workers’ comp system. Examples of third parties on construction sites include:

Equipment Manufacturers, Distributors Or Maintenance Providers

Construction workers rely on equipment that must perform safely under hard conditions. When a product fails due to a defect, the responsible party may be the manufacturer, distributor or maintenance provider.

Common defective equipment scenarios include:

• Crane failures like load drops, boom collapse or mechanical failure
• Scaffolding collapses
• Improper guardrails due to design defects
• Power tool malfunctions
• Inadequate warnings or instructions

Subcontractors

Many serious construction injuries happen because another company on the site created a hazard. If a different subcontractor’s crew caused the dangerous condition, that subcontractor may be liable. This can include electricians leaving live wires exposed, plumbers creating slip hazards or HVAC or drywall crews dropping materials from above.

When multiple trades are working simultaneously, accountability matters. A third-party claim can focus on who created the hazard, who controlled the area and what site safety rules were ignored.

Property Owners

A property owner or site manager can contribute to construction site accidents by failing to keep the premises reasonably safe and properly coordinated for the work being performed. This may include ignoring known hazards, failing to communicate site-specific dangers or neglecting basic site controls like barricades, signage and restricted areas.

Site managers can also create dangerous conditions through poor scheduling and oversight. This might include stacking trades in the same area, failing to enforce safety rules or ignoring required safeguards around high-risk work such as overhead operations or energized areas.

Delivery Drivers Or Outside Vendors

A delivery driver or outside vendor can contribute to construction injuries when they bring vehicle and equipment hazards onto an active jobsite without following site procedures. Accidents can occur from unsafe backing or turning, speeding through work zones, distracted driving or unloading materials in the wrong location. Vendors may also create hazards by placing loads where they block walkways or exits, failing to secure pallets or straps, dropping materials during unloading or operating forklifts and cranes without proper training or spotters.

What Compensation Can A Third-Party Claim Provide?

A third-party injury claim can seek compensation that workers’ comp typically does not fully cover, such as:

• Full past and future lost income
• Loss of future earning capacity (career impact)
• Pain and suffering
• Emotional distress
• Disfigurement or disability
• Out-of-pocket expenses not covered by comp

These damages are often what determine whether an injured worker can truly recover financially after a serious incident.

South Dakota Construction Accidents FAQs

Can I file a workers’ compensation claim and a third-party lawsuit at the same time?

Yes, you may be able to pursue both a workers’ compensation and a third-party personal injury claim if both your employer and the third party contributed to your injuries.

Suppose it was only third-party negligence that happened, and you filed both; the workers’ compensation insurance carrier may have reimbursement rights if you later recover compensation. Our experienced workers’ compensation attorney can manage both claims while protecting your rights.

Why is workers’ compensation not enough to cover my construction injury?

Although workers’ compensation can cover medical care and a portion of lost wages, it cannot compensate you for many of the losses. Some of its limitations include:

• Wage replacement; covers only 66 2/3% of your average earnings
• Cannot recover compensation for physical pain or emotional suffering

Our lawyer can help examine every aspect of your accident to determine whether third parties may be liable. A third-party claim may cover all damages.

Who counts as a “third party” on a construction site?

A third party is anyone other than your direct employer whose negligence contributed to your construction accident. In construction projects, potential third parties may include:

• Subcontractors
• Property owners
• Equipment manufacturers or rental companies
• Architects or engineers
• Delivery drivers

For example, if defective scaffolding collapses and injures you, the manufacturer may be responsible for your injuries.

What kind of compensation can a third-party claim provide that workers’ comp cannot?

In a third-party personal injury lawsuit, these are the damages you can recover that workers’ compensation cannot:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Full past and future lost income
• Loss of future earning capacity
• Permanent disability or disfigurement
• Loss of consortium

A third-party claim requires proving that another party’s negligence caused your injuries. Our personal injury attorney can help investigate and build a strong case to pursue the maximum recovery on your behalf.

How do I know if an outside party is responsible for my job site injury?

You may have a third-party claim if your injuries resulted from:

• Defective tools, machinery or safety equipment
• Dangerous conditions created by another contractor, such as an electrician who left exposed wires
• Negligent site management for ignoring hazards
• Building design or engineering failures

Evidence such as photographs, witness statements and inspection reports can all help establish who caused the accident.

Talk To A Construction Accident Lawyer From Our Team

If a subcontractor, manufacturer, driver or another outside party caused the injury, a third-party claim may be the key to recovering compensation beyond workers’ comp. Call Alvine Law Firm, LLP, at 605-275-0808 or use our online contact form to schedule a consultation with our team and learn whether a third party claim could help you get the financial support you deserve. We serve clients in Mitchell, Sioux Falls, Minnehaha County, Davison County or elsewhere in South Dakota.