Who is responsible in the event of a construction worker accident?

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The question of liability in the event of a construction worker accident is seldom easy to answer.


Any number of people could be held responsible for a construction worker accident. Several variables could affect the outcome of your case, including the rules regarding workers’ compensation and the relationship between the defendant and the plaintiff. It may be possible to hold more than one person responsible for an accident on a construction site. However, it should be noted that the nature of your case and the way your case unfolds in court can change depending on who you choose as a defendant.

In a construction worker accident case, the worker’s employer is often held liable for any workplace safety violation that contributed to the accident. However, other third parties may also be liable. If the accident happened due to the negligent behavior of another employee, that employee could also be held liable. Alternatively, if an accident occurs due to faulty tools or equipment, the manufacturer or anyone else in the sales chain could be held responsible. Each case is unique and it’s best to speak with a construction accident lawyer to find out who should be held responsible for your accident.

Hold an employer responsible for a construction worker accident

When people get injured on the job, they more often than not sue for workers’ compensation to cover their expenses for things like medical bills and lost wages. However, most states extend workers’ compensation coverage only to workers who meet the legal definition of an “employee.” Independent contractors – common among construction workers – do not meet this definition.

While construction workers may be unable to file a workers’ compensation claim, they are generally free to sue their employers for damages. Construction site employers could include people who own the construction site, general contractors who hire subcontractors, and anyone else in charge of employing a construction worker.

Violations of the security code can prove liability. Different states and cities may have different safety code requirements. Occupational Safety and Health Administration (OSHA) regulations are a good place to start. OSHA is a federal administration dedicated to establishing and enforcing safety standards in many work environments, including the construction industry. If you observed any safety violations before your accident, you can report them to OSHA, and they will investigate.

Be sure to follow all OSHA regulations to protect yourself and your employees from litigation if someone is injured on the job. Image by Sams Solutions, via Unsplash.com.

If another employee on the construction site injures you, you may be able to hold the employer responsible for the actions of the other employee. In many states, employers can be held liable for the actions of their employees if their employees acted in the course of their employment.

If your accident was caused by negligent safety breaches, you could hold your employer liable under a theory of negligence. However, if your employer has shown a greater degree of recklessness or has acted maliciously, you may be entitled to punitive damages, depending on the state you are in.

Civil liability for accidents of construction workers

A third party is someone other than the employer of the injured construction worker who is related to the accident. For example, other employees on the construction site, manufacturers of faulty equipment, or strangers passing through the construction site could all be responsible for third parties, according to state rules.

Third parties can be held liable for a construction accident in addition to or in place of an employer. The nature of your case may change depending on who the third party is. If your accident happened because your construction equipment or tools were faulty, you could sue the manufacturer for product liability. In such a case, the manufacturer could be held strictly responsible for your injuries. In contrast, a third party such as another employee or a passer-by who causes an accident is likely to be negligent or intentional.

Even in states where a workers’ compensation claim is required by law and legal action for personal injury would be prohibited, third parties could still be prosecuted and held liable.

How Contributory or Comparative Negligence Affects Liability for Construction Workers’ Accidents

Responsibility is not always clear. The defendants also very rarely admit to being fully responsible for an accident on a construction site, which means that it will be necessary to prove the negligence of the defendant. It is more likely that a defendant will accuse the plaintiff of causing his own accident in order to pass the blame. This question would involve rules of comparative or contributory negligence. The precise rule that would apply in your case depends on the rule adopted by your state.

The amended comparative negligence rules dictate that a plaintiff’s damages will be reduced in proportion to his own negligence. Thus, if you are found responsible for 15% of the accident, the total amount of your damages can be reduced by 15%. However, if your negligence exceeds 50%, you may be excluded from any recovery.

Under a rule of pure contributory negligence, a plaintiff may have his damages reduced in proportion to his negligence, but there is no limit. Theoretically, you can recover damages even if your negligence exceeds 50% or even 90%. However, you may have difficulty obtaining damages once your negligence exceeds that of the defendant.

Other, stricter rules may prevent recovery if the claimant is in the least bit negligent. This rule is much stricter than other comparative negligence rules and is not used by most states. Depending on the type of rules in your state, liability may or may not be proven if you are also found guilty of negligence.

Talk to a lawyer about liability in your construction accident case

The question of liability in the event of a construction worker accident is seldom easy to answer. Construction sites are usually filled with people doing various jobs, and most of these jobs have some inherent danger. Safety is of the utmost importance on a construction site, and violations of safety codes or faulty equipment can spell disaster for a construction worker. You should speak with a construction accident lawyer in your state to find out who should be held responsible for your accident.

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