What Parties Can Be Held Liable For A Construction Site Injury?
“If A Hammer Falls…”
It is an unfortunate reality that construction accidents happen regularly. Whether its carelessness by workers on the site, improper installation of equipment or safety features, or just sheer negligence from the foreman or employer, everything can go wrong in an instant. While these accidents are usually unforeseen results of a sudden turn of events, this does not mean that there is not underlying liability and a party to blame.
Whenever a construction accident takes place, it is important to first assess the immediate damages and casualties. Anyone who has been hurt or injured should immediately seek medical attention to assure that no further complications with the victim arize. Next, the scene and scenario should be well documented and recorded for multiple reasons. The employer will most likely need an exact account of how the accident occurred as well as short interviews with witnesses. In many cases, a report must also be thoroughly filed with OSHA so as to go one record incase similar cases arise and further action needs to be taken. Most importantly, on the victim’s behalf, every detail should be recorded and well accounted for in the event that a personal injury claim is made.
Who Is Liable?
In many cases, a construction accident happens when a certain party or person fails to do effectively follow through with their duties or instructions. As a result, there can be an incident that takes a victim and causes further damages and hardships. Here are a few different types of parties that can be held liable:
Employer
It is the employer and foreman’s duty to oversee the procedures of their job sight. Being in charge leaves them with a great deal of responsibility. From assuring the construction project is running on time and not being rushed, to allowing ample break time and sufficient work conditions for their workers, and even following through with proper maintenance of the site and equipment, all of these duties should be properly handled by the employer. When a step is overlooked or not given precedence, and as a result a worker is injured, the employer can easily be held liable for the outcome of the accident.
Manufacturer
Construction sites use many different tools and pieces of equipment to get their job done. Whether it’s power saws and corded drills or large heavy machinery that requires permits and training to operate, all of the site utensils were produced and distributed by a manufacturer or service provider. In turn, these makers of large and potentially dangerous tools or machines can be held liable should their product malfunction or fail to adhere to a promised level of performance or safety.
Other Workers
If another worker on a job site is acting careless or negligent, and the result is a serious incident that takes a worker as a victim, that worker could be held accountable for their actions in the eyes of the law. Whether it’s not implementing instructed safety precautions or just simply misusing machinery or procedures, a personal injury claim can make these risk-taking co-workers responsible for their actions.
Accidents that happen at a construction site are serious and can leave long-term effects as well as fatalities. Risks of being crushed, cut, electrocuted, burned, or falling, face these hard working individuals every day. By the negligence of another party adding to the danger of the job, these workers deserve to know that they will be taken care of by a trustworthy and loyal law firm in the event of an accident that takes a toll on them. Contact the Loewy Law Firm today if you have any questions regarding your personal injury claim.