Construction Site Accidents: Who Is Ultimately Responsible for Worker Safety?

Most workplaces have policies that make safety everyone’s responsibility and signs that advise workers to identify safety hazards. The law is more limited in its focus. When workers are killed or seriously injured while operating within the course and scope of their employment, injured workers must receive compensation for their injuries.

A Note About Workers’ Compensation

Employers in all 50 states are required to cover employees under their workers’ compensation insurance policies, which provide benefits to the employee in case they are injured on the job. Such benefits include compensation for medical bills, lost wages, and benefits payable in the event of death. This employment-related law was designed to prove an economically viable alternative to costly employer-employee litigation. As a result, workers’ compensation coverage generally excludes civil litigation arising from workplace accidents.

Workers covered by workers’ compensation are generally not eligible to sue for injuries sustained in workplace accidents. However, the construction industry commonly uses workers who are not fully documented, as well as subcontractors for many tasks. Independent contractors are not covered by workers’ compensation statutes, which makes them eligible to file negligence claims.

Types of Construction Accidents

According to the Occupational Safety and Health Administration, 4,069 Americans died on the job in 2011. Of these, 17.5 percent involved construction accidents. Falls comprised 35 percent of construction accidents, while blunt force injuries, electrocution, and crush injuries comprised 10, 9, and 3 percent, respectively. In other words, most construction accidents involve a mix of worker mistakes and supervision errors.

However, not all accidents involve workplace negligence. Crane accidents and structural failures can occur if materials do not meet advertised specifications. Bolts that are too hard or too soft can have greatly reduced shear strength, improperly treated steel can rust quickly, and poorly manufactured materials can have poor welding and substandard materials.

Neglect

Whether the accident occurs as a result of on-site negligence or the wrong amount of materials or equipment, companies must be prepared to deal with the consequences. If someone is killed or seriously injured while on site and that person is not covered by workers’ compensation insurance, many parties will likely be named defendants in a negligence lawsuit. Neglect is a wrong that involves conduct that does not meet the appropriate standard of care.

Who is theoretically liable for a construction-related injury depends on the nature and cause of the injury.

Failure

If the incident occurs as a result of a worker failing to control a blind spot or perform a job to a satisfactory level, the worker will be liable for the damages and his employer will be vicariously liable; the employer will also be liable for his own negligence in failing to train or supervise the employee. If a defective item caused the incident, the manufacturer will be responsible for the manufacturing, design or marketing defect. If the defect was something that a reasonable reseller or installer would have noticed, the supplier or installer may also be liable for negligence for not noticing the defect.

Whether the incident involves a major crane collapse or structural failure or a forklift injuring a worker’s foot, the path to recovery is the same. In practice, construction accidents often involve failure at multiple levels. Poorly trained employees, poor supervision, and in some cases poor equipment can combine to create unnecessary tragedy in the workplace. By identifying which party is responsible for the injury, the law seeks to identify the party that failed to meet industry standards and acted unreasonably.

Wanting to help any injured worker understand their rights, Ann Bailey publishes this research on construction site accident liability. The attorneys found through http://www.construction-accident-attorney.net will be able to guide and instruct a client through the injury claim process and help identify which parties may be liable for compensation for the injury. accident victim.