Who is liable for a construction accident? If you were injured or a loved one was hurt or killed in an accident on a construction site, a construction accident lawyer can help you understand your legal options. Until you speak to an attorney, it is difficult to know what legal recourse is available for a work-related injury.
Many injured workers are limited to filing claims for workers’ compensation. However, construction accidents often involve complex issues of liability that might make it possible for workers to sue in the event of an injury.
Hurt on the job? A construction accident lawyer at The Flood Law Firm can discuss your rights.
Can I Sue an Employer for a Construction Accident?
In Connecticut, businesses with one or more employees are required to purchase workers’ compensation insurance. This provision extends to employers in the construction industry.
Workers’ compensation benefits (which include payments for medical care, replacement of lost wages, and more) are provided on a no-fault basis. This means that, unlike with a personal injury claim, the worker does not have to prove fault to receive compensation. In return, workers are generally barred from filing a lawsuit against an employer.
However, employers are not the only ones who may be responsible for a construction accident. Although you will likely not have a viable case against your employer, a construction accident lawyer may be able to identify one or more additional parties that may be held liable for your injuries and damages.
Liable Parties in a Construction Accident Claim
Workers face many dangers on a construction site. Some of these dangers are inherent to construction work, while others arise because individuals and companies fail to abide by the safety standards put in place by OSHA and other organizations.
Liability for a construction accident may be imposed on third parties (i.e., parties other than an employer) who are negligent in their duties to ensure the safety of the site. Potential grounds for a third-party personal injury claim stemming from a construction accident include:
- Failure to provide workers with adequate fall protection
- Errors in the operation of cranes, manlifts, and other equipment
- Failure to maintain, repair, and replace tools and machinery
- Improperly erected scaffolding
- Lack of fire protection and prevention measures
- Careless operation of vehicles
- Trench and structural collapses
- Improper storage of dangerous chemicals
- Defective products
A construction accident lawyer can investigate promptly to determine whether you have a viable third-party claim. Liable parties may include:
General Contractors
The general contractor directs and oversees construction. General contractors are also responsible for the safety of workers on the project.
Negligence on the part of a general contractor can take multiple forms. The general contractor can be sued for construction accidents caused by negligent hiring of subcontractors, failure to train and supervise workers, OSHA violations, and more.
Subcontractors
Multiple subcontractors may be hired to complete specific jobs on the construction site. Subcontractors can be sued if negligence on their part (such as use of substandard materials, faulty equipment, etc.) leads to a construction accident.
General contractors can also be held liable for injuries caused by subcontractor negligence if the contractor or construction company retains control over the subcontractor’s work. A construction accident lawyer can review the contracts between the general contractor and any subcontractors to assess issues of vicarious liability (i.e., liability assigned to a party responsible for supervising another).
Property Owners
Although contractors and subcontractors are responsible for the safety of the construction site, the owner of the property is still responsible for the safety of the premises as a whole. Construction workers may be able to make a claim against the property owner for injuries sustained as a result of slipping and tripping hazards, failure to disclose the presence of power lines and other hazards, and more.
Architects and Engineers
The Connecticut Workers’ Compensation Act imposes liability on construction design professionals (such as architects, engineers, and their employees) for accidents arising due to negligence in the “preparation of design plans or specifications.” Liability for a construction accident may also be imposed on an architect or engineer if “responsibility for safety practices is specifically assumed by contract” (see Section 31-293(c)).
Product Manufacturers
From ladders to power tools to heavy equipment to building materials, the failure of any product used in construction can be disastrous. Construction workers can pursue compensation through a product liability claim against companies that design, manufacture, and sell defective products.
FAQ
Q1: Who is liable for a construction accident?
A: Liability in construction accidents can involve multiple parties, including:
- The construction company
- General contractors and subcontractors
- Property owners
- Equipment manufacturers
- Architects or engineers
Determining liability depends on the circumstances surrounding the accident. An experienced construction accident attorney can help establish liability and identify all liable parties.
Q2: What are common types of construction site accidents and injuries?
A: Common construction site accidents and injuries include:
- Falls from heights
- Scaffolding collapses
- Equipment malfunctions
- Electrocutions
- Struck-by objects
- Trench collapses
- Exposure to hazardous conditions
- Injuries from power tools and heavy machinery
- Work-related injuries due to unsafe conditions
These can result in severe injuries, including traumatic brain injuries, spinal cord injuries, and broken bones.
Q3: How can construction workers obtain compensation for injuries?
A: Injured construction workers can seek compensation through:
- Workers' compensation benefits
- Personal injury claims against third parties
- Product liability claims for faulty equipment
An experienced construction accident lawyer can help navigate these options and pursue fair compensation for lost wages, medical expenses, and pain and suffering.
Q4: What role do safety regulations play in construction accident cases?
A: Safety regulations, such as those set by OSHA (Occupational Safety and Health Administration), play a crucial role in:
- Establishing safety standards for construction sites
- Determining liability in accident cases
- Ensuring proper safety measures and protocols are in place
- Requiring appropriate safety gear for workers
- Mandating fall protection and other safety equipment
Violations of these safety regulations can be strong evidence in a personal injury claim.
Q5: Are property owners liable for construction site injuries?
A: Property owners may be held liable for construction site injuries if they:
- Maintained control over the work site
- Failed to warn about known hazards
- Hired incompetent contractors
- Violated safety regulations
Liability varies based on the specific circumstances of each case.
Q6: What should I do if I'm injured in a construction accident?
A: If you're injured in a construction accident:
- Seek medical attention immediately
- Report the accident to your supervisor
- Document the accident scene and your injuries
- Gather witness information
- Contact an experienced construction accident attorney for a free consultation
Acting promptly helps preserve evidence and protect your rights to seek compensation.
Q7: How does workers' compensation work for construction accidents?
A: Workers' compensation is a no-fault system that provides benefits to injured workers, including:
- Medical treatment
- Lost wages
- Disability benefits
Construction companies are required to purchase workers' compensation insurance for their employees. If you've sustained injuries on a construction site, you may be eligible to file a workers' compensation claim.
Q8: Can I file a personal injury claim if I'm receiving workers' comp?
A: While workers' compensation typically prevents you from suing your employer, you may be able to file a personal injury claim against third parties, such as:
- Equipment manufacturers (product liability claim)
- Subcontractors
- Property owners
An experienced attorney can help determine if you have grounds for a personal injury claim in addition to your workers' compensation benefits.
Q9: What compensation can I seek for a construction accident injury?
A: Depending on your case, you may be able to seek compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Permanent disability
- Rehabilitation costs
- Loss of earning capacity
The specific circumstances surrounding your accident and the injuries sustained will determine the types of compensation available.
Q10: How long do I have to file a claim for a construction accident in Connecticut?
A: In Connecticut, the statute of limitations for personal injury claims is generally two years from the date of the accident. However, for workers' compensation claims, you should report the injury to your employer immediately and file a claim within one year of the date of injury.
It's crucial to consult with an experienced construction accident attorney in a timely manner to ensure your rights are protected and to avoid missing important deadlines.
Q11: How can a construction accident attorney help me?
A: An experienced construction accident attorney can:
- Investigate the accident and gather evidence
- Identify all liable parties
- Navigate complex workers' compensation laws
- File personal injury or product liability claims
- Negotiate with insurance companies
- Represent you in court if necessary
- Ensure you receive fair compensation for your injuries
Most construction accident attorneys offer a free consultation to discuss your case and explain how they can help you obtain the compensation you deserve.
Q12: What are some common safety hazards in the construction industry?
A: Common safety hazards in the construction industry include:
- Lack of proper fall protection
- Faulty equipment or machinery
- Inadequate training for workers
- Failure to provide appropriate safety gear
- Hazardous conditions such as exposed wiring or unstable structures
- Improper handling of dangerous materials
- Failure to follow safety protocols
Employers and contractors have a responsibility to maintain safe working conditions and adhere to safety standards to prevent accidents and injuries.
Q13: Can multiple subcontractors be held liable for a construction accident?
A: Yes, multiple subcontractors can be held liable for a construction accident. In many cases, construction projects involve various subcontractors working on different aspects of the project. If the negligence of multiple subcontractors contributed to the accident, they may all share liability. An experienced construction accident attorney can help determine liability and pursue claims against all responsible parties.
Q14: What should I do if I witness a construction site accident?
A: If you witness a construction site accident:
- Call for emergency medical help if needed
- Report the incident to the site supervisor
- Document what you saw, including the time, date, and location
- Take photos or videos if it's safe to do so
- Provide your contact information to the injured worker or site supervisor
- Cooperate with any official investigations
Your observations could be crucial in helping the injured worker obtain compensation and in improving site safety.
Contact a Construction Accident Lawyer Today
As you can see, liability for a construction accident is an extremely complicated matter. If you or a loved one was harmed on a construction site, it is in your best interest to speak to a knowledgeable construction accident lawyer as soon as possible.
The Flood Law Firm has extensive experience handling construction accident claims. In addition to helping you with workers’ comp, we are committed to maximizing your recovery through any applicable third-party claims.
One of the things that sets The Flood Law Firm apart is our willingness to go to trial. Many lawyers shy away from the courtroom, but our attorneys pride themselves on going head-to-head with defendants and insurance companies if it means achieving the best outcome for our clients.
Our personal injury lawyers serve clients in Middletown, Danbury, Waterbury, Bridgeport, and all of Connecticut.
