Who’s At Fault if Construction Workers are Injured at Work?
By Ross Cellino
When construction workers are injured on the job, determining who’s at fault can be complicated. Construction projects often involve property owners, general contractors, subcontractors, equipment companies, and other businesses. More than one party may have contributed to the accident.
An injured worker may be entitled to workers’ comp benefits and, in some cases, may also have a claim against another responsible party. If you suffered a construction site injury, schedule a free case evaluation online or call us at 888-888-8888 to speak with a member of our team.
Key Takeaways About Fault in Construction Accidents
- Workers’ comp may provide benefits after a workplace injury, regardless of who caused the accident.
- An injured employee generally does not need to prove that the employer was negligent to seek workers’ comp benefits.
- A property owner, general contractor, subcontractor, equipment manufacturer, or another party may share responsibility.
- Third-party liability may allow an injured worker to pursue compensation beyond the benefits available through workers’ comp.
- The parties that may be held responsible depend on how the accident happened and the laws of the state where it occurred.
Does Someone Need to Be at Fault for Workers’ Comp?
Workers’ compensation is generally designed to provide certain benefits after a job-related injury or illness. For most private-sector workers, these programs are managed at the state level, so the rules and available benefits vary by location.
A worker usually doesn’t have to prove that the employer caused the accident to file a workers’ comp claim. Depending on the circumstances and state law, benefits may help cover:
- Necessary medical treatment
- A portion of lost wages
- Rehabilitation services
- Benefits for certain permanent injuries
- Death benefits for eligible family members
Workers’ comp is different from a personal injury claim. A personal injury claim usually requires evidence that another party acted negligently or violated a legal duty.
Who May Be Responsible for a Construction Site Injury?
Construction sites often have several companies working in the same location. OSHA recognizes that a typical jobsite may involve general contractors, construction managers, subcontractors, and other employers.
If a workplace injury is investigated, the actions of multiple parties may be considered.
The Worker’s Employer
Employers are responsible for following applicable workplace safety standards and protecting their employees from known hazards.
An employer may have contributed to an accident by failing to provide proper training, protective equipment, supervision, or safe work procedures. However, workers’ compensation laws often limit an employee’s ability to file a personal injury lawsuit directly against an employer.
The worker may still be entitled to workers’ comp benefits and may also have a claim against another party that contributed to the accident.
Property Owners and General Contractors
Property owners and general contractors are responsible for certain safety conditions at a construction site. What they’re responsible for depends on state law and the terms of the construction contract. OSHA rules also require prime contractors and subcontractors to follow the safety standards that apply to their part of the project.
A property owner or general contractor may be involved in a claim when an accident is connected to issues such as:
- Unsafe scaffolding or ladders
- Unprotected floor openings
- Falling objects
- Unsafe site coordination
- Failure to correct known hazards
When these conditions contribute to an injury, the property owner or general contractor may be held responsible.
Subcontractors and Other Companies
A subcontractor on the jobsite may create a hazard that injures a worker employed by a different company. For example, a crew may leave debris in a walkway, fail to secure materials, or operate heavy machinery carelessly.
Because that company is separate from the injured person’s employer, it may be considered a third party.
Equipment Manufacturers and Suppliers
Construction workers rely on tools, safety equipment, and heavy machinery to do their jobs. If that equipment is defective or hasn’t been maintained properly, the manufacturer, supplier, rental company, or maintenance company may be responsible for an injury.
These cases may involve:
- Defective power tools
- Malfunctioning machinery
- Missing safety guards
- Faulty harnesses or protective equipment
- Improper equipment repairs
If a problem with equipment contributed to the accident, the company that made, supplied, or maintained it may be part of the claim.
What Is Third Party Liability?
Third party liability applies when someone other than the injured worker’s employer contributed to the accident. For example, a worker injured by equipment operated by another company may still receive workers’ comp benefits.
A third-party claim may allow the worker to seek compensation for losses that workers’ comp does not cover, including pain and suffering. Since these claims can affect workers’ comp benefits, it’s important to understand your options before accepting a settlement.
What Evidence Can Help Determine Fault?
Construction site conditions can change quickly after an accident, so it’s important to gather and preserve evidence as soon as possible.
Useful evidence includes:
- Photos and videos of the accident scene
- Witness names and contact information
- Incident reports
- Medical records
- Safety, training, and maintenance records
- Work contracts or surveillance footage
An attorney can review this evidence, identify the companies involved, and determine which parties are responsible for the dangerous condition.
What Should an Injured Construction Worker Do?
After a construction site injury, the worker should seek medical attention and report the accident to a supervisor as soon as possible. Deadlines may apply to injury reports, workers’ comp claims, and personal injury lawsuits.
Workers should also keep copies of medical records, work restrictions, messages with their employer, and any paperwork related to the accident. Before signing a release or giving a recorded statement, the worker should understand how it could affect a possible claim.
Can More Than One Party Be at Fault?
Yes, more than one person or company may contribute to a construction accident.
For example, a property owner may ignore a known hazard, a general contractor may fail to oversee the site properly, and a subcontractor may use unsafe equipment. Determining fault usually requires a closer look at the role each party played in the accident.
The injured worker may also be found partially responsible. How that affects a claim depends on state law, but it does not always prevent the worker from recovering compensation.
Speak With a Construction Accident Attorney Today
Determining who is at fault when construction workers are injured requires more than just looking at who employed the worker. Property owners, contractors, subcontractors, equipment companies, and other parties may have contributed to the workplace injury.
A construction accident attorney can investigate what happened, explain the difference between workers’ comp and a personal injury case, and determine whether third-party liability may apply. If you were injured while working at a construction site, schedule a free case evaluation online or call us at 888-888-8888 to speak with a member of our team.
Content checked by the personal injury attorney Ross Cellino
Ross Cellino
As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.
