E-Newsletter: Workers' Compensation

Construction Site Accidents

The construction industry employs millions of people and is inherently dangerous. One in five workplace deaths are construction related. Despite the dangers involved in construction, many companies do not have adequate safety measures. Many construction businesses are small and don't have a lot of formal procedures. There are certain federal standards that may apply, however, like Occupational Safety and Health Administration (OSHA) regulations.

An injury that occurs at a construction site is a often different than other workplace injuries because there are usually many different parties involved with a construction project. Before the injured person can get help for their injury they need to determine who is ultimately responsible. This will generally depend on who had control over the site and how the injury occurred. Some of the parties that could be liable for a construction site injury include; the owner of the land, the contractor or sub-contractor, the construction manager, or the manufacturer of equipment.

If the injured person's employer is the one ultimately responsible for providing a safe work environment then workers' compensation may be the exclusive remedy for the worker. In most states, a majority of employers are required to participate in the workers' compensation system. Worker's compensation is a no-fault system that provides redress for injured parties without having to show that either party acted negligently. Workers who are entitled to workers' compensation benefits may not sue their employers.

Many construction site injuries will not be covered by workers compensation due to the involvement of multiple parties. Workers who are injured by the employees of a prime contractor (a contractor who is only responsible for a particular part of the total job) or by defective equipment, for example, may not be covered by workers' compensation because the injury was not related to the contract they have with their employer. Since workers' compensation in not the remedy in these cases, the employee generally has the right to sue these parties.

The difficult part of dealing with a construction-related accident is determining who is liable for the injury. This can be difficult, since different parties have different relationships to the public and to the people working on site. Many of these duties are well-established by law and others can be written into a contract. For example, landowners own certain obligations to the public at large to warn of dangerous conditions but contractors have an obligation to provide a safe work environment for employees and to ensure compliance with safety standards. Determining liability usually comes down to who was considered the legal possessor of the land and who was in control of the premises at the time of the accident.

Some other parties that might be involved in a construction site injury are architects and engineers and manufacturers of equipment. Architects and engineers have certain obligations to meet professional standards and they may have contractual obligations to perform certain services at the site. Violation of these duties could contribute to an injury and give rise to a suit. Companies that manufacture or maintain equipment at the site could also be responsible for an injury. A company that makes a defective product can be sued even if the employee thinks that workers' compensation is their exclusive remedy.

Since there are so many parties involved on a construction site and since it can be difficult to determine who is actually responsible for the injury, it is very helpful to have a consultation with an attorney who is experienced in this area of law. In addition to determining who had control over the job site, an attorney can help to determine what the workplace safety standards are and whether either party was in violation of those standards. This may affect the outcome of a dispute in some cases. Employees with serious injuries or who expect long-term consequences from their injury should talk to an attorney to make sure they know their options. This should be done right away since the deadlines to take certain actions could be short.

Were You Injured on a Construction Site?

To read and print out a copy of the form please link below.

Were you Injured on a Construction Site?

You can download a free copy of Adobe Acrobat Reader here.

Copyright © 1994-2006 FindLaw, a Thomson business

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

View Previous Months' Selections