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.
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.
