Parties Responsible for Construction Accidents
UPDATED: February 5, 2020
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When filing an insurance claim or construction injury lawsuit, it is critical that you are able to identify the parties at fault for your injuries. The circumstances of every construction injury are different, but there are some general considerations that apply to every case. As with any aspect of a construction injury claim, consulting an experienced attorney will improve your chances of receiving the full financial compensation you are owed.
Finding Construction Accident Responsibility
Construction accident injuries can result from a number of factors, so in order to determine responsibility an insurance adjuster or legal professionals will need answers to the following questions:
- Where did the accident occur: Construction workers perform services in a variety of locations from the job site to their vehicles to business offices. Where the accident occured is the first question to answer.
- What were the conditions of the accident site: The conditions of the accident site can be critical in deciding who is at fault. If the conditions of the job site were not up to legal standards for safety, the party responsible for maintaining the area could be responsbile for injuries that occur in an accident.
- What equipment was involved: The tools or vehicles involved in a construction accident were built, sold, and maintained by one or multiple parties, and when the equipment fails the parties responsible for it could be at fault for injuries.
- How was the equipment used: If equipment was misused, the party using it incorrectly, or encouraging incorrect use, will share responsibility for construction injuries.
- Who had control over the site and equipment: Because multiple parties are invovled in the supervision and maintenance of a construction site, it is always important to identify all the parties who had authority over the site and equipment whent he injury occured.
- Who do you work for: In many cases an employer may ultimately be responsible for the injuries you suffer on a construction accident, so be sure you know who you work and who your employer work for if he is an independent contractor.
As a construction accident insurance claim or legal case unfolds, more detailed questions will be asked and each particular situation will help you and your attorney identify what parties are at fault for your injuries. Identifying the parties responsible for your injuries is critical to the success of any insurance claim or lawsuit, so consulting with an experienced construction accident attorney is typically a good idea.
Common Parties Responsible for Construction Accident Injuries
Although determining fault in construction accidents is incident specific, some common parties to look at include:
- Your employer
- The general contractor
- Independent contractors on the job site
- Coworkers handling any tools or equipment related to the injury
- Owner of the property
- Manufacturers and sales people who made or sold the tools / equipment
Employer Responsibility and Worker's Compensation
Construction employers are responsible for providing a safe work environment in accordance with state and federal laws, and are often one of the parties, if not the only party, liable for your construction injuries. However, in many states, if you are an employee, you would not be able to sue your boss directly; instead, a workers' compensation claim would be the method for seeking a remedy. The paperwork and rules differ in these cases. There are construction accident attorneys who specialize in worker’s comp cases, and they will know what restrictions there are in your state that may not apply to ordinary injury cases.