Construction Accidents

Overview

The construction industry has one of the highest worker injury rates of any industry. Hazards and risks in construction work are often known but hard to control in workplaces that change constantly and involve the use of heavy equipment, machines, scaffolds, and ladders, all of which may be unsafe or used improperly. Construction accidents are caused by many other factors, including work methods, site conditions, worker failure to use safety equipment, and a lack of proper worker training. Injuries and deaths commonly involve falls, explosions, burns, electrocution, exposure to asbestos and toxic chemicals, and asphyxiation.

Safety Regulations

The construction industry must comply with federal laws governing workplace safety and health, primarily the Occupational Safety and Health Act of 1970, which the Occupational Safety and Health Administration (OSHA) enforces. Most states have adopted safety regulations in some form, and these regulations apply to work done at construction sites. Regulations, specifications, inspection requirements, and job safety programs are all used to prevent construction site accidents and promote safety awareness for everyone involved in a construction project.

In some states, if a plaintiff can show that an OSHA regulation was violated and an injury resulted, then the law considers the defendant negligent and liable for the plaintiff's injuries. Some states require further evidence to find a defendant legally responsible for the accident. A property owner or general contractor may also have a separate set of safety rules designed to protect workers. Violations of these regulations, if shown in court, may also be used in support of a claim or suit arising from a construction accident.

Liability for construction accidents

Several individuals or organizations may work at a construction site, and therefore be liable for injuries that occur, including the construction site owner, architects and engineering professionals, contractors, construction managers, and manufacturers of construction machinery or equipment. Many construction projects are based on a general contract relationship, where a general contractor, hired by the site owner, enters into agreements with sub-contractors to perform specific portions of the job, such as electrical or plumbing work.

Larger construction projects usually involve delegation of both work and legal responsibility, including from site owner to general contractor and general contractor to "prime" or "sub"-contractor. Courts will weigh the extent of control over the premises on which the work is being done and the degree of control over the work itself in determining who is legally at fault for the injuries sustained by an employee or passersby.

Both the general and sub-contractor have a legal obligation to provide workers with a construction site that is reasonably safe, and they have a legal duty to warn workers of any hazards at the site and hazards inherent in the work being performed that they are aware of. Generally, a contractor will have a duty to make sure work is being performed safely, and this legal responsibility includes hiring reasonably competent employees and ensuring safety regulations are followed on site.

The general contractor is always responsible for job safety on the entire site and for ensuring compliance with all OSHA regulations, because the general contractor coordinates and supervises the entire construction project, and often provides equipment used by subcontractors and employees. Any subcontractors brought on site by the general contractor are also responsible for ensuring job safety and following OSHA rules that apply to their part of the project, but the general contractor is still responsible.

State Law: Workers' Compensation

Workers' compensation laws were enacted to avoid costly litigation when a workplace injury occurs and to allow injured workers to obtain medical treatment and lost wages without having to prove their injuries were the employer's fault. Many states require employers to carry worker's compensation insurance, and some states have set up general workers' compensation funds that employers are required to pay into. A worker injured on the job can always receive payment for lost wages and medical bills incurred as a result of construction site injuries.

Although workers' compensation laws vary from state to state, employees are entitled to workers' compensation for costs in connection with both short and long-term injuries; for any total or partial permanent loss of any body part; physical therapy; and vocational training that allows an injured employee to perform another type of work if the injury precludes the return to construction work. Workers' compensation schemes also include benefits payable to dependents of workers killed during employment.

Some employers challenge workers' compensation claims, which in most states are not heard by trial courts but by designated administrative agencies. Administrative law judges determine whether an employee is entitled to receive workers' compensation. It is illegal to falsely claim workers' compensation benefits.

Other Remedies

Some workers are limited by law to receiving workers' compensation for their injuries, but many workers can also recover damages from parties who are partially or completely at fault for causing their injuries, based upon theories of negligence and product liability. If a worker is hurt because of factors other than job safety, such as defective tools or equipment, the injured worker may be able to file a personal injury lawsuit against the manufacturer of these items. The responsible party may be held liable for damages, including medical bills, loss of wages, and pain and suffering.