Construction Accidents - Overview

Architects and Engineers

These design professionals can be charged with differing amounts of responsibility for a construction project, and often the best way to determine the extent of that responsibility is to look to the design professional's contract with the site owner. Duties can include progress observation to ensure compliance with plans and specifications, and site inspection to ensure compliance with code regulations. Aside from any duty specifically identified in the relevant construction contract, these design professionals are held to certain accepted standards in performing professional services during the design and/or construction phases of the project. An architect or engineer can be held liable for any injuries suffered by construction workers as a result of their failure to meet those standards.

Manufacturers of Construction Machinery or Equipment

Manufacturers of defective construction machinery or equipment can be held responsible for the design and manufacturing (and in some instances maintaining) of that equipment. The legal principles that place liability on a manufacturer of a defective product pertain here in the construction context, including the concept of "no-fault" or "strict" liability.

Insurers

Especially in situations involving major construction projects, often the parties involved will be required to carry ample insurance coverage. For example, the owner or property manager may be required to carry premises or property liability insurance; and the general and/or sub-contractor may need workers' compensation, commercial general liability, and employer's liability insurance. The insurance coverage of each respective party involved in a construction project, and the extent of that coverage, are important issues when assessing legal responsibility for a construction injury.

OSHA Safety Regulations

Safety regulations under the Occupational Safety and Health Act of 1970 have been adopted by most states in some form, and these regulations apply to work done at construction sites. The issue of who is responsible for ensuring compliance with OSHA regulations (i.e. general contractor or sub-contractor) often turns on who was in control of the job site or job activity when the injured employee was hurt. The legal effect of a violation of OSHA regulations will vary, depending on the state in which the construction injury took place. In certain jurisdictions, if it can be shown that an OSHA regulation was violated and an injury resulted, nothing more need be proven to establish that the liable party was negligent.

OSHA regulations are not the only legal standards to which a property owner, general contractor, or sub-contractor may be held in determining liability for a construction accident. Often the property owner or general contractor will have his or her own set of safety rules, either generally applicable or specific to the construction project at hand, designed to protect those performing work on the project. Violations of these regulations may serve to support a claim for a construction accident.

Getting Help For a Construction Accident Injury

If you have been injured as a result of an accident at a construction site, there are a number of things you can do to protect yourself and your legal rights:

• Get medical attention for your injuries.
• Report the injury to your employer and/or construction site manager, and note the name and position of the person notified.
• Get the names and contact information of anyone who may have witnessed the accident.
• If possible, try to preserve any evidence related to your injury, by taking photographs of the area where you were injured (and the injuries themselves), or keeping the equipment or tool that was involved in your injury.

Your next consideration should be to find an attorney to help you evaluate your potential claim.

More often than not, your case can be won or lost based on the work done before it ever goes to trial, depending on the results of the investigation and fact-finding that your lawyer will undertake on your behalf. So, discussing your case with an attorney who is experienced in the area of construction injury law is the best way to ensure your success. In light of complex liability issues, the legal deadlines for filing causes of action for injury (especially for injuries suffered at city-owned construction sites), and the need to conduct a thorough site investigation as soon after the injury as possible, meeting with an attorney sooner rather than later is definitely recommended.

Find an experienced personal injury attorney near you here.

See also:

• Construction Accidents and Workers' Compensation Laws