A structural failure can turn an ordinary workday into a complex claim involving damaged evidence, multiple companies, and overlapping legal rights. If you sustained injuries when a structure collapsed at work, a Florence building collapse lawyer from our team can examine how the failure occurred and which parties other than your employer may share responsibility.
Workers’ compensation provides benefits without requiring proof that the employer caused the injury, but it does not necessarily resolve every source of recovery. Our experienced construction injury attorneys at Busald Funk Zevely P.S.C. evaluate workplace dynamics and the filing deadlines that could shape a collapse case from its earliest stages. Contact us today to learn more.
Who May Be Responsible After a Building Collapse?
A collapse may trace back to decisions or defects involving entities beyond the injured worker’s direct employer. Responsibility can belong to any of the following:
- A general contractor coordinating the site
- Another subcontractor whose work weakened the structure
- A design professional whose plans or specifications were deficient
- The property owner
- A supplier that provided defective materials or components
A Florence attorney must therefore examine who controlled each relevant part of the project and what role that party played prior to the structural failure. Kentucky Revised Statutes 342.690 generally makes workers’ compensation the exclusive remedy against the worker’s own employer. The statute does not, however, eliminate a civil claim against an unrelated party. Identifying those non-employer parties early can preserve avenues of recovery that the benefits claim does not address.
Preserving the Collapse Site and Physical Evidence
Responsible parties often stabilize or clear a damaged structure soon after a collapse, as the site presents safety concerns and work may need to resume. However, those necessary changes can also erase the physical conditions that show why the structure failed. Our Florence attorneys often seek an early site inspection to document the scene of the building collapse before anyone moves the debris.
Photographs and careful documentation of damaged connections provide context for later engineering analysis. Those involved must also retain failed structural components and fasteners rather than discard them. Written preservation requests to the parties controlling the property notify them that specific items and site conditions matter to a future claim.
The One-Year Deadline for a Third-Party Collapse Claim
The civil deadline is consequential after a structural failure. Ky. Rev. Stat. 413.140 generally gives an injured person one year to file a personal injury action. Our Florence attorneys take prompt action in structural failure cases because the time available to investigate, identify defendants, and file a lawsuit can pass quickly.
A workers’ compensation claim and a third-party lawsuit do not run on the same procedural clock. Waiting for the workers’ comp benefits process to develop can consume the time needed for the civil case. An early review allows our attorneys to track the separate deadline while investigating the evidence and the project relationships.
Call a Florence Attorney to Discuss a Structural Collapse Claim
A collapse case requires attention to more than the immediate workplace injury. The identity of the non-employer defendants and the civil filing period can determine whether a third-party claim remains viable alongside a workers’ compensation claim. A Florence building collapse lawyer on our team can evaluate those issues before key evidence disappears or the one-year period expires.
At Busald Funk Zevely P.S.C., we represent injured workers in Northern Kentucky, with decades of experience in construction-related claims that involve more than one legal path. If a building collapse caused your injuries, call our firm to discuss what happened and the deadlines that may govern your claim.