Who Can Be Held Responsible for Your Construction Site Injury?

Any entity that contributed to the injury could receive blame, including the architect, employer, or even you. The employer and insurance company will likely investigate what happened and why. Your attorney will likely also investigate the incident to identify what entities could be at fault.

Fault might not matter as much for a regular workers’ compensation case, but it could become critical if the insurance company denies the claim or if the case goes to court. These are just some of the many people who could be held liable.

The Injured Person

Workers’ compensation in New York follows a no-fault system, so you may still receive compensation even if you caused the accident. However, personal negligence does have limitations. People who engage in reckless behavior, such as drinking on the job, may have a more difficult time securing fair compensation.

Workers’ compensation doesn’t usually cover independent contractors and self-employed persons. If this describes your work relationship, you may need to file a personal injury claim against the responsible party or entity.

The Employer or Construction Company

Employers and their representatives, such as the foreman or project manager, are legally obligated to provide a safe working environment. This is especially the case when the employer operates in construction, one of the most dangerous fields in America. Safety measures include following regulations and providing proper training and equipment. If an employer fails to do so and an employee is injured, they may be held responsible.

Construction Site Owner

Construction site owners are also legally responsible for maintaining a safe environment for workers and visitors. This includes ensuring equipment maintenance and addressing hazards onsite. If an injury occurs due to the negligence of the construction site owner, they could be held liable for resulting damages.

Manufacturers of Equipment or Materials

The manufacturer could be held responsible if an injury occurs due to defective equipment or material. They have a legal responsibility to ensure their products are safe and free of defects. An example could be an injury caused by a rung failing on a brand-new ladder or a crane toppling over despite following the weight and operating guidelines.

The Architect and Engineers

Architects and engineers create and implement plans that adhere to safety regulations and minimize risks. If their plans fail in real-world applications, they could be held liable. These professionals often work for other companies as consultants or may even work for your employer. Usually, the companies they work for face liability rather than the professionals themselves. If they are self-employed, they may have insurance to cover situations like these.

Other Third-Party Contractors

Construction sites often have multiple contractors and subcontractors working together. If a worker is injured due to the negligence of a third-party contractor, they could hold that contractor liable for their injury. However, this can become complicated as multiple parties may be involved in the project. It may take time and a detailed investigation to determine who is at fault for your construction accident. Our team at Douglas & London is ready to review your case. Schedule an appointment with our New York construction accident lawyer to get started.