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Who Is Liable for Accidents on Construction Sites?

Unfortunately, accidents on construction sites are all too common. They can lead to severe injuries and even death for industrious construction workers. Establishing liability in these situations can be complicated, with multiple parties potentially responsible for the accident.

Knowing who may be held liable and what your legal options are is a must should you be injured on the job. When you understand these factors, you can better protect your rights and seek the compensation you need.

The attorneys at Maggiano, DiGirolamo & Lizzi have experience helping workers seek compensation after accidents on construction sites. If you’ve been injured or lost a loved one due to negligence on a work site, you deserve justice. Having a knowledgeable attorney fighting for you will allow you to focus your energy on healing.

Call (212) 543-1600 today to schedule a FREE consultation with one of our practiced lawyers. We represent courageous clients throughout New York and New Jersey.

Who May Be Liable for an Accident on a Construction Site?

Liability for accidents on construction sites can be difficult to suss out because, as we’ve said, multiple parties may be responsible for the site’s safety. Determining who is at fault often requires a thorough investigation of the circumstances of the accident.

Some of the parties that could be held responsible include:

General Contractors

The general contractor is responsible for overall site management and is obligated to ensure that safety protocols are followed. If they fail to implement or enforce safety measures and an accident occurs, they may be held liable.

Subcontractors

Subcontractors are often hired to complete specific jobs on a construction site. If they fail to follow safety guidelines or act negligently, they could be held accountable for any accidents and injuries.

Property Owners

If the owner of the property is aware of dangerous conditions on a worksite and they fail to address or warn about them, they could be held liable for an accident. This is especially true when they had a certain amount of control over construction activities.

Equipment Manufacturers

Manufacturers and suppliers of construction equipment could be held liable if their tools or machinery are defective and it leads to an injury. A product liability claim would be an appropriate course of action should faulty equipment lead to an accident.

Site Managers or Supervisors

Site managers and/or supervisors are responsible for the day-to-day operations of the construction site. They are expected to properly supervise workers, conduct safety training, and address safety hazards. If they fail in any of these duties, they could be held liable for resulting injuries.

Other Third Parties

Delivery drivers, contractors from different companies, truck maintenance crews, and others may bear some responsibility in a construction site accident. If their negligence contributes to an incident, they could also share liability.

Determining liability for accidents on construction sites can be challenging not only due to the involvement of multiple parties but also for a variety of other reasons, including:

Complex Accidents: Identifying a clear cause for a construction accident can be difficult, yet it is essential for establishing liability. This is compounded when multiple factors, like defective equipment and unsafe conditions, are involved.
Aggressive Defense: Liable parties and insurers often have the resources to dispute claims and minimize their financial responsibility aggressively.
Conflicting Laws: OSHA regulations, workers’ compensation laws, and other federal, state, and local statutes could overlap and conflict in some cases. Navigating these adds to the difficulty.
Lack of Evidence: Limited documentation of the accident, lack or reluctance of witnesses, and more can make it difficult to establish fault.

With all of these factors acting as possible complications in your case, the help of an experienced construction accident attorney becomes evident. Their skill in conducting investigations, gathering evidence, interviewing witnesses, etc., will be invaluable as you seek compensation for your injuries.

What Is Necessary for Establishing Liability?

Establishing liability after accidents on construction sites requires proving negligence. This is done by demonstrating several critical elements:

Duty of Care: The responsible party must have owed a duty of care to the injured worker.
Breach of Duty: Evidence must show that the duty of care was breached through negligence, recklessness, and/or unsafe practices.
Causation: The breach of duty must have directly led to the accident and injuries sustained.

Evidence will need to be gathered to demonstrate these elements and build a strong case. This evidence could include witness statements, photos and videos, safety logs, expert testimony, and more.

What Role Do Insurance Companies Play in Accidents on Construction Sites?

Insurance companies play a major part in handling construction site accidents. They cover various claims, such as workers’ compensation, liability for third-party injuries, or property damage.

After an accident, insurers will investigate to determine liability and the extent of damages. They may also attempt to negotiate settlements with those who were injured.

While insurance coverage may be tasked with providing compensation, they often try to minimize payouts. After all, they are much more concerned with their bottom line than with your well-being. This is why it is important to have skilled legal representation on your side.

Consult a Dedicated Construction Accident Attorney

Accidents on construction sites can have devastating consequences that resound through victims’ families. If you or a loved one has been injured, you deserve to be aware of all of your legal options for compensation.

The involvement of multiple parties and insurance companies can complicate construction site injury claims. The experienced Bronx construction accident attorneys at Maggiano, DiGirolamo & Lizzi are dedicated to fighting for justice for our clients. We hold negligent parties accountable and pursue the compensation our clients deserve.