Who Is Liable for Injury in a Construction Accident?

Due to the physical and hazardous nature of construction, work-related accidents are a common occurrence on construction sites. Regardless of the size of the project, workers are exposed to dangerous conditions from health hazards to injuries related to lifting, falls, and machinery. As a result, work-related accidents often result in serious injuries or even death.

Injuries sustained during an accident can range from broken bones and sprains to serious health conditions including cancer to lasting conditions that stem from repeated movements.

Who is Liable?

After an accident is reported, it is important to determine liability, as worker’s compensation and other benefits are contingent upon who is negligent for an accident.

How and Why the Accident Occurred

To further complicate matters, the varied nature of who is responsible at the construction site depends on who is liable for the accident, if the employee is determined not responsible. Those responsible for construction sites can include contractors, construction managers, the landowner, or other professionals.

Who's Responsible for the Site?

Oftentimes, responsibility for the project lies with the landowner or contractor. To make a comprehensive determination of who is responsible for the accident, it must be determined who has the legal responsibility for the site at the time of the accident.

Safety Standards

Often accidents are the result of noncompliance with OSHA safety standards. OSHA guidelines outline procedures to help ensure that accidents do not occur on the work site, construction or otherwise. Noncompliance may be on the part of the employee, who acted carelessly on the job resulting in an accident. In this case the employee would be negligent and held liable for their injuries.

If the employer, contractor, landowner, or whomever is responsible for the site failed to train the employees adequately on the rules for safety and safe operation of machinery and construction structures, then they may be held liable for the worker’s injuries as they are considered negligent in ensuring the safety of the workers onsite.

If you or a loved one has been injured in a construction accident, it is important to follow the proper procedures in place. Contact a personal injury attorney well-versed in construction injury cases to help you fight for the compensation you deserve.