Determining Liability in Construction Site Accidents: Why These Cases are So Complicated

If you’ve suffered an injury resulting from a construction site accident, it’s natural to wonder who’s liable for it. The answer may not be as straightforward as you think. It depends on multiple factors that you may not be considering. One is whether you were working at the site or merely visiting or passing by it. Another is the type of accident that occurred and if it was preventable. To clarify, here’s some general information about liability for construction site accidents.

Accident Liability for Construction Workers

Generally speaking, construction workers can’t file injury claims against their employers after an accident. Instead, they must file a workers’ compensation claim to recover their losses. The way that workers’ compensation works can vary from state to state. Therefore, it’s advisable to seek legal counsel or consult your state’s Labor Department before initiating a claim. Workers’ compensation can reimburse an injured construction worker for the following accident-related costs:

• Medical treatment
• Lost wages
• Physical rehabilitation
• Disability benefits

It’s important to realize, however, that an injured construction worker may be able to seek damages from 3rd parties other than their employer. That’s often possible when an accident results from negligence or a violation of applicable federal construction safety standards. You can find those standards spelled out in OSHA regulation 29 CFR 1926.

Under the aforementioned OSHA regulation, 3rd parties may be liable for accidents resulting from things like:

• Inadequate fall prevention measures
• Inadequate equipment maintenance
• Unsafe chemical storage
• Unsafe scaffolding construction
• Lack of fire prevention measures

Commonly Liable 3rd Parties

Since no two construction projects are alike, the number and type of 3rd parties involved will vary. However, a handful of common 3rd parties often assume liability for accidents on construction sites. Parties that may be liable include, but aren’t limited to, general contractors, subcontractors, property owners, equipment leasing firms, architects, and engineers. If your accident resulted from the negligence of any of those parties, you may be able to seek compensation from them.

Types of Accident Compensation Claims

If you believe a 3rd party is responsible for your construction accident, you should consult with a personal injury lawyer immediately. They’ll help you by hiring professional accident investigators to determine who’s accountable for your injuries. Using the information they collect, you can file a lawsuit in an attempt to collect damages. Often, construction accidents result in damage claims for the same types of costs covered by workers’ compensation. However, you may be able to collect other forms of compensation, including:

• Punitive damages
• Pain and suffering
• Compensatory damages
• Emotional distress
• Loss of earning capacity

Non-Employee Accidents

If you’ve suffered an accident on a construction site, but weren’t working on it, all the above applies, with one significant difference. You cannot file a workers’ compensation claim. However, you can sue any responsible parties for damages exactly as described above. Before you can do that, however, there are a few things you should do first. One is to seek immediate medical attention. Another is to contact the local police to file an accident report. Additionally, collect the contact information of the construction manager and the company they work for. Then, contact a lawyer to commence an investigation to support a subsequent claim for damages.

The Bottom Line

The bottom line is no matter the circumstances of your construction site accident, you’re almost certainly entitled to restitution. Contact an experienced injury lawyer to discuss your situation. They’ll know precisely how to safeguard your rights and ensure you receive just compensation for your injuries.