Construction Accident Lawyers
Construction Accidents
Construction is a highly dangerous profession, and construction workers must sometimes deal with dangerous working conditions. Thus, work-related injuries are not uncommon at construction sites. Hazards may include falling from high elevations, health hazards, or defective equipment injuries.
Who May Be Liable for Such an Injury?
Workers' compensation generally covers on the job injuries. However, many different people may be held liable for the on-site injury of a worker. Certain parties may have different duties and legal responsibilities to the worker. Some people who may be held liable include:
- Construction Site Owner - The landowner is liable for any injury caused by a potentially harmful condition on the land that he either knew or should have known about (this does not extend to obvious conditions).
- General Contractors and Subcontractors - The general contractor and subcontractor must provide a reasonably safe construction site. They have a legal duty to warn of any defects or hazards. Furthermore, they must comply with safety regulations.
- "Prime" Contractors - A prime contractor, as opposed to a general contractor, is only responsible for the work identified in his prime contract. Thus, he shares the same responsibilities as general contractors with regard to his specific projects.
- Architects and Engineers - The architect or engineer may be under contractual duties to the site owner. Duties may include progress observation (ensuring compliance with specifications) and site inspection (ensuring compliance with code regulations). There are also accepted standards in performing professional services that the architects and engineers will be held to.
- Construction Equipment Manufacturers - Manufacturers may be held liable for the design or manufacturing of a defective product.
- Insurers
Occupation Safety and Health Act
Most states have adopted the safety regulations under the Occupation Safety and Health Act of 1970 (OSHA). These regulations apply to construction sites. The legal effect of violating an OSHA regulation may vary depending on the state.
What Should I Do if I Am Injured in a Construction Accident?
If you are a construction worker who is injured at the construction site, there are certain things that you should do:
- Seek immediate medical attention for your injuries
- Report the injury to a superior and record the name and position of that person
- Record the contact information of any witnesses to your injury
- Try to preserve any evidence of your injury (i.e. photographs of your injury, photographs of where the injury occurred, and/or the equipment or tool involved)
Do I Need an Attorney Experienced with Construction Injury Law?
It may be helpful to consult an attorney who has experience with such on-site accidents. Although most states have adopted OSHA regulations, the effects of those laws vary among states. Filing for compensation under workers' compensation may not be to your advantage if the employer violated safety laws. A lawyer may be able to help you evaluate your potential claim.
Consult a Lawyer - Present Your Case Now!
Last Modified: 06-03-2009 03:44 PM PDT
