Who is Liable for an Injury at a Construction Site?

Who is Liable for an Injury at a Construction Site?

Construction sites are inherently dangerous places. In fact, construction work is the No. 1 most dangerous occupation in the U.S. According to the U.S. Department of Labor, there are between 5,000-6,000 construction-related accidents every year. Most injuries at a construction site result when a worker falls. However, there are plenty of other hazards at a construction site that can lead to injuries. When someone is injured at a construction site, who is liable?

Like all workplaces, construction sites are subject must be kept safe for workers by law. There are also specific regulations for construction sites, because of how dangerous they are.

Can Construction Workers File for Workers Comp?

If you are an employee of a construction company and were injured while working on a construction site, you should be entitled to workers compensation through your employer. It is important to note that workers comp laws bar employees from suing their employers, so you will not be able to file a personal injury lawsuit against your employer.

That does not mean that you don’t have a personal injury case, though. If a third party is responsible or partly responsible for your injuries, you might still be able to file a personal injury lawsuit. Third parties that might be liable for your construction site injuries could include subcontractors, manufacturers of defective equipment, the property owner, and others.

Employees Vs. Independent Contractors

Adding to the complication of construction worker injuries is the fact that sometimes workers are not employers, but rather independent contractors. Depending on the nature of the contract, the company who hired the independent contractor might not be considered their employer; thus, the contracted worker might not be entitled to workers compensation. In these cases, the worker might be able to file a personal injury lawsuit against the company instead.

“Construction site injuries can be complicated, and determining who is liable is not always straightforward. It is a good idea to consult with a personal injury attorney if you have been injured at a construction site,” said Attorney Walter Clark, founder of Walter Clark Legal Group.

Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured and want to discuss your legal options, contact us today at (760) 777-7777 for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, and Yucca Valley and represent clients through the entire California Low Desert and High Desert communities.

DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.