Construction work is one of the more underappreciated occupations because most people only care about the finished project rather than how it was built. Construction work can also be immensely satisfying because the workers get to look at a finished building or highway and know that they were part of something monumental.
Construction work can also be extremely dangerous, which is why workers need to be taken care of if they get injured on the job. But, if a worker does get injured on the construction site, who is at fault? The answer can get complicated, but if you live in New York and want someone to help simplify it for you, then contact the Rosenberg, Minc, Falkoff & Wolff Law Firm.
Who Is Liable In a Construction Site Accident?
Liability in a construction accident depends on how the accident was caused, it could be a single entity or multiple people. Depending on the case, the following people or parties may be held liable.
The Construction Site Owner
The owner of the land on which the construction project takes place can be held liable if there is a dangerous or hazardous condition that they know about or should have known about. That is only the case if the site owner is in control of the property to a significant degree. If the site owner handed over control to a general contractor and that contractor created a hazardous condition, then the contractor is responsible for any injuries.
The General Contractor
The general contractor is responsible for creating a safe environment and making sure that the work being done is performed in a safe way. They should follow all safety regulations and hire competent workers. If the contractor fails in any of those duties and someone gets injured because of unsafe working conditions or the negligence of a poorly-trained co-worker, then the contractor can be held liable.
Prime Contractors
General contractors are responsible for the whole project but some of the work can be delegated to prime contractors. They are held accountable for the safety of workers in their particular niche of the construction project. So they are liable if someone gets hurt in the area for which they are responsible.
Architects and/or Engineers
The people behind the design of a building can be held liable for any accidents that occur during its construction if their design did not meet the required safety standards. Even in the most ambitious design, they should make sure that they adhere to the necessary safety standards. If they do not, then the responsibility for any workplace injuries lies in their hands.
Equipment or Machinery Manufacturers
If an injury is caused by a defective machine that was being used in the way that it was intended, then the manufacturer of that equipment is responsible for the injury of the person using it. They are also responsible if the machine injures someone else.
Can A Construction Worker Be Held Liable For Their Own Injuries?
There are some instances where a worker can be held responsible for their own injuries. Those circumstances are as follows:
Improper Usage of Tools – If a worker did not use a tool in the proper manner, then they can be held responsible if that is the reason they got injured.
Uncertified Use of Equipment – If a worker uses a piece of equipment for which they were not trained or certified, then they are liable for any injuries they suffer as a result.
The Failure to Follow Safety Regulations – The government sets regulations for the safety of all construction site workers. If a worker gets injured because they did not adhere to those regulations, then they can be held liable.
Ignoring Warning Signs – Warning signs are there to let people know about any hazardous conditions in the area. If anyone, including construction workers or pedestrians, gets hurt because they ignored those signs, then they can be held liable.
Contact An Attorney If you Have Been In a Construction Accident
Regardless of whether the accident was caused by someone else’s negligence or if someone has claimed that you are responsible for your injury, you should contact a personal injury as soon as you can. They will help to sort out the legal details and fight to get you the compensation that you need to take care of your injuries and cover for any missed workdays.
