The U.S. has millions of construction employees, with about 6.5 million working daily at about 252,000 construction sites. This puts them at high risk, as dangers are always present on a construction site. Workers can be injured by various tools and objects including a damaged ladder, dirt and debris, electrical wires, etc.
Considering that their job endangers their life on a daily basis, construction site workers have the right to compensation. However, who can be held liable when an injury occurs on the construction site in Orlando?
Sometimes, more than one party may be responsible, and it’s important to find out who they are if you want to prove negligence and be compensated for your suffering. This post will tell you the potentially liable parties when a construction site injury occurs:
Construction Company Obligations
Any construction company is responsible for its workers and for the condition of the construction site. In order to make sure nobody is the victim of an injury, the construction sites have to be safe.
There are actually different regulations meant to inspect construction sites and ensure they are safe for everyone. The Occupational Safety and Health Administration frequently organizes campaigns during which they check sites for any hazards or risks.
If a construction worker is injured due to the company not respecting the state or federal safety standards, he or she has every right to sue the company. The employee is entitled to compensation and can file a claim against the liable party.
Employers may be liable for a construction site injury when:
- They do not train employees regarding safety protocols
- They fail to meet the state or federal safety guidelines
- They do not inspect the construction site properly and keep it free of dangers
- They are not able to supervise risky construction activities
- They do not offer adequate safety equipment to the workers
- They fail to use any property safety measures, including tape, signs and others
Who Can Be Held Liable for Construction Site Injuries?
Engineers and Architects
When you are working on any type of project, it is essential to make sure that it’s safe. This is the responsibility of the engineers or architects that develop the design plan. The contract of the design professional will always include the responsibility he or she has in making sure that the construction site respects safety rules and that the project is practical and fully safe.
In case there are accidents and any worker is injured because the design professional failed to meet the safety codes, the engineers or architects can be held liable.
The Owner of the Construction Site
The construction site’s owner may also be held liable if he/she failed to provide the necessary safety or warnings regarding any potential dangers. Anyone who owns a construction site should always ensure that workers are safe and that they know which areas or objects are dangerous. All dangerous hazards should be spoken about.
Now, the owner’s liability will be influenced by how much control they have over the site. For instance, if the owner gives property control to the contractor during the construction process, then he or she may not be considered the property’s legal owner.
So, the one who has ownership of the site when the injury happens will be held liable for incidents and will have to give compensation if the victim wins the case.
Manufacturers of the Equipment
As a construction site worker, you will have to use different equipment that includes power tools and other machinery.
Sometimes, the manufacturers fail to do a good job when creating the tools, causing them to malfunction. Flaws and malfunctions of certain tools may result in severe injuries – therefore, if this is the case for you, the company that manufactured the faulty equipment can be held liable.
Prime contractors have prime contracts where certain work is highlighted. As such, they will only be responsible for this specific type of work.
At the same time, if a prime contractor delegates work to sub-contractors, he or she will also be responsible for it.
If a person gets injured while a prime contractor monitors the work, the same contractor can be held liable.
General Contractors and Sub-General Ones
General and sub-general contractors are also part of a construction site. They have to make sure that all workers stay safe. Moreover, they should give warnings regarding any defects or possible hazards on the construction site. Thus, they work to prevent anyone from getting injured.
On top of this, contractors will also have to ensure that the workers are doing their work safely. They should make sure that the work complies with the safety regulations and that they hire good and competent workers.
Not meeting these requirements can make a contractor liable if a worker experiences an accident and gets injured.
Liability for a construction site accident can be determined by the insurance policy coverage of each party. Therefore, you must make sure that the insurance policy of the owner complies with the compensation standards of the workers.
How to Start a Lawsuit for a Construction Site Injury?
Getting compensation for the injury, loss, and suffering you’ve experienced as a result of a construction site accident in Orlando is important. In order to start fighting for your compensation, you need to hire the right lawyer. Construction accident attorneys will work hard to make sure you get your justice.
If you think your contract was also breached somehow, you can also hire contract law services to settle the dispute. This page has more information about contract lawyers.
However, you should keep in mind that proving liability in a case like this can be difficult. Also, the compensation carriers may deny your claim or try to give you a smaller amount of money.
Employees can file a claim through the compensation carrier of the worker, but many claims get denied with the carrier stating the employee didn’t suffer from the injury during their employment. In other cases, the carrier may say the medical treatment is either unnecessary or exaggerated.
You need a good and experienced lawyer to get through this situation, prove the liability and get your compensation money.
If you experience a construction site injury, it’s essential to know who to sue. Do your research with the help of an experienced attorney and you’ll be able to sue the right party and claim compensation.