Contact Our Dallas-Fort Worth Construction Accident Lawyer for Help With Your Work Injury Claim
Third-Party Liability in Construction Accidents
When a construction worker is injured on the job, he or she cannot, in most instances, sue the employer for work-related injuries. A third party, however, could be liable for negligence when a construction injury occurs on the job site. Even if the worker is injured due to his or her own carelessness, compensation is available in most states through the Workers Compensation Act.
Benefits such as weekly payments and medical expenses are awarded to injured workers. But, too often, these are simply not enough to cover the pain and suffering associated with an on-the-job construction injury. Weekly payments are based on a percentage of the worker’s weekly earnings and on the severity of the disability, whether it is a temporary total disability or a permanent partial disability. Also, medical expenses cover only those treatments deemed necessary and related to the specific work injury.
Certain circumstances assign liability to a third party for job-site construction injuries. The owners, architects, contractors, and equipment manufacturers can all be held liable for accidents arising from insufficient safety measures. General contractors, as well as all subcontractors, are responsible for providing appropriate safety provisions that ensure a construction site is reasonably safe. They are obligated to:
- Warn of possible hazards on the site
- Hire employees who will use caution while working
- Comply with workplace OSHA safety regulations
- Coordinate job safety
- Check that all safety specifications are followed
- Ensure power equipment is safe
Manufacturers of construction equipment are responsible for designing and maintaining safe products. Defective or dangerous products may be at fault in a construction accident. As with any of the equipment used on a construction site, the chance for personal injury is great. However, if the proper safety measures are not employed in production of this equipment, the possibility of injury or death increases greatly. Manufacturers of this equipment can be found liable when an accident occurs due to one of their products.