If you or someone you love got injured in a construction accident, you need to understand who can be held liable for your injuries and damages. Construction sites are inherently dangerous for both workers and passersby.
Regardless of whether you are an employee or non-employee who sustained injuries in a construction accident, you may have a right to obtain compensation for your financial losses and damages.
If you incur an injury on or around a construction site in Georgia, Tennessee, or Mississippi, consult with our construction accident attorneys at Howe.Law to determine liability in your particular case. Our experienced attorneys have helped numerous construction accident victims pursue the compensation to which they are entitled.
Causes of Construction Accidents
Construction accidents occur for a variety of reasons. Causes of accidents on construction sites vary from one case to another. Generally, it is the construction company’s obligation to maintain a safe work site and prevent accidents.
Some of the most common causes of construction accidents include:
- Failure to follow safety regulations and standards;
- Failure to supervise construction workers;
- Lack of fall protection;
- Lack of protection for bystanders and passersby on the ground;
- Failure to follow safety protocols;
- The use of inadequately maintained or defective equipment;
- Failure to properly train workers;
- Tripping hazards and other unsafe conditions on the premises;
- Failure to inspect a construction site and eliminate risks in a timely manner; and
- Failure to warn passersby of dangerous conditions on and around the construction site.
Construction sites are some of the most dangerous places to work. Therefore, the Occupational Safety and Health Administration (OSHA) has specific safety laws and regulations that apply to these work sites.
Unfortunately, not all construction companies and property owners comply with federal and state standards to maintain hazard-free work sites. When a worker or passerby is injured in a construction accident due to violations of safety standards, they may be able to pursue compensation from the construction company or another liable party.
Parties That Can Be Held Liable for Construction Accidents
As mentioned earlier, parties held liable for causing a construction accident vary from one case to another. In many cases, there may be multiple responsible parties, which is why it is essential to discuss your particular case with a knowledgeable attorney.
Depending on the circumstances of your construction accident, you may be able to bring a claim against the following parties:
The construction company.
As a rule of thumb, a construction company can be held liable for a majority of all accidents that occur on construction sites. However, you may be able to sue the construction company if you can prove that it violated safety standards or regulations and that its negligence or carelessness led to your injury.
The Owner of the Construction Site
Whether or not the property owner can be held responsible for accidents on their property depends on the amount of control they have over the construction site.
Contractors and Subcontractors
General contractors are obligated to ensure the safety of any worker on their construction sites. They are also responsible for ensuring compliance with all federal and state safety regulations.
Manufacturers of Construction Equipment and Machinery
It is not uncommon for construction accidents to occur due to workers using faulty equipment or machinery. When construction equipment is defective, and that defect causes your injury, you may be able to pursue a product liability claim against the manufacturer.
Architects and engineers.
Design professionals and architects can be liable for construction accidents when such accidents occur as a result of neglecting design safety standards or failure to identify design flaws. Therefore, architects and engineers have an obligation to ensure that a construction project meets safety codes and regulations at all stages of the construction.
Other parties may also be held liable for a construction accident. Every construction site accident is unique, which is why it is imperative to contact an experienced attorney to determine liability in your specific situation.
How Can You Determine Liability in Your Construction Accident?
Determining liable parties after a construction accident is a complex process. Injured victims of construction accidents can benefit from hiring an attorney to collect evidence and identify at-fault parties in their case.
A construction accident attorney will ask you the following questions to help you determine liable parties in your case:
1. Where did the accident take place?
The exact location of your accident is critical when it comes to determining fault. For example, different parties are in charge of different areas at a construction site, which is why where you suffered an injury can play a significant role in determining liability.
2. Were there any hazardous conditions?
The presence of dangerous conditions at the time of the incident can be a crucial factor in establishing fault. Therefore, your attorney will investigate your construction accident to determine any unsafe conditions on the property, whether any OSHA violations contributed to the incident, and whether or not the construction company, its workers, and other parties followed all safety standards.
3. What equipment was used at the time of the incident?
If your construction accident involved any equipment or machinery, your attorney would investigate whether the equipment was used correctly and in compliance with all safety standards or whether it was defective, faulty, or inherently dangerous.
4. Who had control of the construction site at the time of the accident?
The supervisor who failed to properly monitor construction workers and activities at the time of the incident may be held liable for an accident caused due to their negligent supervision. In addition, the supervisor has an obligation to ensure that everyone on the site complies with safety regulations and protocols.
How Can Construction Workers Obtain Compensation for Their Construction Site Injuries?
When a construction worker is injured on a construction site while performing their job duties, they can pursue workers’ compensation benefits through their employer’s insurance company. The injured worker will need to prove that they were acting in the course and scope of their employment when the construction accident occurred.
The fault does not matter when seeking workers’ compensation following a construction site accident. In fact, a construction worker may be entitled to compensation even if their own fault caused or contributed to the incident.
However, the employer’s insurance company may still find grounds to deny the injured worker’s claim. Therefore, it is vital to be represented by a skilled attorney to ensure that you receive fair compensation for your work-related injury on a construction site.
Can Passersby Seek Compensation for Injuries On or Around a Construction Site?
The process of seeking compensation after a construction accident is less straightforward for non-workers. While passersby who sustain injuries in construction site accidents are entitled to compensation if they can prove another party’s negligence or carelessness, recovering damages may be difficult because:
The injured party will have to identify liable parties in order to bring a claim;
They must prove that the defendant (e.g., the construction company) was responsible for their injury.
It can be challenging to prove that someone is to blame for your injury if you get injured as a passerby on or around a construction site. That is why it is essential to contact a knowledgeable attorney to assist you with your claim.
Why You Need a Construction Accident Attorney
An experienced construction accident attorney can help you pursue the compensation you deserve by doing all of the following:
- Identifying liable parties whose fault caused or contributed to your injury;
- Investigating the details of your accident to determine how the incident occurred and who should be held responsible for it;
- Collecting sufficient evidence to prove that you are entitled to seek damages from the defendant;
- Negotiating a fair settlement offer with the at-fault party’s insurance company;
- If no settlement is reached, take your injury case to court to fight for the compensation you are entitled to.
When determining liable parties and seeking compensation for your construction site injury, it is imperative to be represented by a lawyer who understands federal and state safety regulations and standards.
Typically, establishing fault after a construction accident requires extensive legal analysis and thorough investigation. In addition, the construction company, the owner of the property where the incident occurred, the manufacturer of faulty equipment, and other liable parties may have a team of attorneys to fight back against your claim and deny their liability.
That is why you need a skilled attorney on your side to protect your rights when seeking compensation after a construction accident. Contact our dedicated and results-driven attorneys at Howe.Law to ensure that you receive fair and full payment for your construction site injury.
Our Nashville personal injury lawyers represent construction workers and passersby who get injured on construction sites. We also represent families of those who get killed in construction accidents. Discuss your particular case with our lawyers at Howe.Law by calling 844-876-4357.