DETERMINING
RESPONSIBILITY AND SUBSEQUENT LIABILITY FOR CONSTRUCTION SITE INJURIES
Construction workers in New York, New Jersey, Illinois and
elsewhere are probably aware that there are many dangers associated with their
profession. Although there are some
federal protections in place through the Occupational Safety and Health Administration
(OSHA), there may inevitably be certain hazards that are always present, such
as the risk of being struck by moving or falling machines, by slips, trips or
falls, etc. Construction workers may also face health risks if they are exposed
to asbestos, silica, diesel fumes, or other chemicals.
If an employer fails to maintain functional and safe
equipment, that employer may potentially be found liable for damages stemming
from construction workers' accidents. To
determine which party is liable in the event of an injury, it may be necessary
to look at the roles of each individual involved in the construction project. Oftentimes, the worker’s employer fails to
either train or provide the proper harness or PPE to the worker.
Larger projects generally involve more delegation, and
it may be hard to determine the extent of one party's control over the premises
where the accident occurred. Whether an
employer has insurance at the time of construction is also relevant, as would
be the role of equipment manufacturers if a mechanical defect is alleged.
Landowners may not always be considered the legal
possessors of the area on which construction work is being performed. General contractors, however, have a legal
duty to warn their subordinates of any defects or hazards that are in place at
the worksite or inherent in the work. Subcontractors
also have a legal duty of care, and the duties of contractors extend to hiring
competent employees who can effectively implement safety regulations.
Even if a workplace injury does not appear to be the
fault of any particular party, an employee may still be able to recover for his
or her injuries by filing a workers' compensation claim.