Construction Site Accident Liability
Accidents can occur on any job and in any job environment, whether it be in an office, factory, shopping mall, cruise ship, or airplane. One work environment that is seemingly more dangerous compared to other work environments are construction sites. As with other jobs, through workers’ compensation, employees who are injured on construction sites have the legal right to file for compensation, for their injuries. The legal process varies for people who are injured on construction sites, who are not construction site employees. In order to shed some light about what to do if you become injured on a construction site, we discuss the following concepts.
Construction companies have legal obligations
All workplaces have a legal obligation to ensure the environment is safe for employees to work in, with minimal risk for injury. Different workplace environments regulate safety and maintenance in different ways, and are typically conducted through regular inspections by management. Similarly, construction sites must be maintained and safe for the employees who work on them. According to the Occupational Safety and Health Administration (OSHA), there are organized safety campaigns and specific inspections to identify hazards on-site. Florida has additional safety rules in place, to protect the employee, in case they do become injured on the job.
Reasons why an employer may be held liable for a construction site accident include:
-Failure to meet safety requirements, set by federal and/or state guidelines
-Failure to train employees for safety protocols
-Lack of adequate supervision for dangerous projects
-Failure to inspect the site in a safe condition for employees
-Lack of safety measures, including signs and tape
-Failure to provide adequate safety equipment, including hats, gloves, vests, and layered clothing
If the injured person is not an employee
Because construction sites may be in busy bustling residential cities or quiet suburban neighborhoods, it is a possibility that a non-employee becomes injured on the site. People passing buy may become injured from multiple hazards, whether they trip over a hazardous object or flying debris. Injured people may also be compensated for construction site injuries. In order to obtain compensation, one must file a claim with the construction company’s liability insurance carrier, instead of the workers’ compensation carrier.
In order to obtain compensation, the injured person must prove that the land owner or the construction site company, was legally liable for causing the injuries. This matter may become complicated, as it may be difficult to prove neglect, or some may become injured as they are trespassing a construction site. Large construction corporations hire attorneys to justify the denial of claims in such circumstances. This is another reason why injury victims must hire legal professionals, if they wish to obtain and compensation, and to protect their legal rights.
Other reasons may conclude the cause of a construction site injury, aside from the construction company’s negligence. Other reasons for construction site accidents include:
-A car accident occurring near or on a construction site
-The land owner may be held responsible for hazardous conditions
-A government entity performing construction work, instead of contracting the project out to a construction company
Construction sites pose dangers to people and passerbys. In order to prevent injury as a construction site worker, always understand the project at hand. Never face difficult projects alone, and ask management any safety questions that come to mind. If you become injured on a construction site, the first step to take is seeking medical assistance. Even minor injuries should be evaluated by medical professionals, in case you decide to build a case, or in case injuries worsen over time. Ask for a copy of your employer’s accident report, and keep this for your records. The next step is to hire a personal injury attorney, with experience in workers’ compensation and negligence.
If you or someone you know has been injured in a car crash or truck accident and are in need of an accident attorney in Miami, Fort Lauderdale, West Palm Beach, Naples, Ocala, Orlando, Tampa, Gainesville, Jacksonville, Tallahassee, Ft. Myers or any other city in Florida –remember after 911, call 411! 1-800-411-PAIN can put you in touch with an experienced, aggressive network attorney who will fight for your rights and get the maximum compensation you deserve. Don’t forget to follow 411 PAIN on Twitter (@411PAIN), keep up with the conversation at #411PAIN and check out the 411 PAIN event gallery 411painevents.com!