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Who Is Liable for Construction Accident Injuries?

Construction Accident LiabilityIf you work in the construction industry, you know the many dangers that lurk on the job site. From time to time, it is common for accidents to occur. These accidents can cause injuries to workers. After injuries happen, it is essential to uncover the responsible party. Proving construction accident liability can be challenging, so it often requires help from an experienced lawyer who deals with these types of cases. If you or a loved one becomes hurt while at a construction site, you are likely facing expensive medical bills and the inability to work. It is important to identify the person who is liable for your injuries. If you are not receiving worker’s compensation benefits, it is essential to identify the guilty party and receive the justice that you deserve. At Haney Paschal & Romoser, let us handle your Huntsville accident liability case.

Determining Liability When an Accident Occurs on a Construction Site

There are many factors involved with determining the liable party in a construction site accident. It is essential to work alongside a trained attorney who understands how to identify the guilty party and the best way to argue for adequate compensation. When forming your case, it is vital to consider a few things.

  • Condition of the Construction Site. On any construction site, an employer must provide safe conditions and take safety precautions to make sure accidents are kept to a minimum. If no safety plans are in place, the owner of the site is liable for injuries from any accidents that result. If a victim can prove that there were no safety measures in place within a construction site, an employer may be liable for compensation.
  • Accident Location. When determining liability, it is essential to consider the location of the accident. It is important to research the number of prior accidents at the particular location. While gathering this evidence, it is possible to uncover a history of poor safety, which can be used by a lawyer to gain compensation for an injured client.
  • Equipment Being Used. One of the most important things to consider is the equipment being used on a construction site. If an accident was caused by faulty machinery, the manufacturer may be held liable for damages.
  • Equipment Usage. Equipment is often at the root of accidents at construction sites. If the equipment isn’t being used correctly, the construction contractor may be held responsible. Also, if a worker was never trained how to use the equipment safely or correctly, the contractor may be liable. If the worker using the equipment refuses to follow safety guidelines, this person may be held accountable for the accident as well.
  • Accident Site Owner. If it is not possible to hold the person in charge of the site responsible for the accident, an attorney may be able to pursue the site owner for damages. Since the owner of a construction site is responsible for maintaining a safe environment, he or she may be held liable for compensation. If the owner allows a contractor or other agent to provide unsafe working conditions on his or her property, the owner may be liable for injuries.

People in Charge of Construction Jobs that May be Liable for Accidents

Usually, construction sites have many people involved with the project. Any of these individuals may be liable for a construction site accident. Each person has a specific role. When a person fails to protect workers or people at the site, it may be possible to hold one of the individuals accountable for the accident.

  • Site Owner. An owner is commonly liable for any accidents that occur at the location. Unless a land owner hands over control to a contractor during the project, he or she must provide a safe environment at all times.
  • General Contractor. A contractor’s job is to make sure that everyone on the construction site is safe. The contractor has a duty to warn of known dangers and must make sure work is being performed safely.
  • Architects and Engineers. These professionals are responsible for making sure that their projects are safe. They must make sure that safety codes are being followed. If an injury occurs when these practices aren’t met, they may be held liable.
  • Manufacturer of Faulty Machinery. As previously discussed, heavy machinery is often part of a construction site job. These types of items can be extremely dangerous and often lead to injury. If there are defective parts or dangerous designs to any piece of equipment that is being used, the manufacturer may be liable for accidents that result on a job site.

Most Common Causes of Injuries on a Construction Site

Construction sites are dangerous. Texas is known for its safety-compliance issues. Serious injuries may result from faulty equipment, lack of safety equipment, or failure to follow state guidelines. Also, various accidents are always possible around large machinery or trucks. In severe cases, deaths may occur. Here are four of the most common accidents that lead to worker fatalities on a construction job site.

  • Falling from a high place
  • Being struck by a heavy or large object
  • Getting electrocuted
  • Becoming trapped between two pieces of equipment

Bystanders may become harmed as well.

  • Hit by Falling Objects. When things fall from heights, there is usually little time to warn individuals who are standing below on the ground. Debris like tools or other shopped objects can cause injuries when they fall.
  • Loud Noise. Bystanders may experience ear problems from the loud noises on a construction site. It is not uncommon for a person to suffer with a ruptured eardrum.
  • Slips and Falls. Around a construction site, there may be liquids and materials scattered everywhere. It is common for a bystander to suffer injuries from slips and falls.
  • Truck Accidents. Construction sites are filled with large vehicles that may be moving in, out, and around the area. If a bystander gets in the way, a truck accident may occur and cause a severe injury.
  • Dangerous Materials. Toxic chemicals are often found around construction sites. If these materials are not stored or handled correctly, it can cause severe harm. Also, inhaling hazardous fumes or dust from a site can result in injuries as well.

What to Do After Being Injured in a Construction Site Accident

If you are on a construction site and become harmed, there are a few steps that should be taken to make sure that you can prove liability and receive compensation from the responsible party.

  • Seek Medical Attention. It is vital to seek medical attention from your doctor so that your injury will be documented. If future heath problems arise from the injury, a physician will be able to verify the source of the problem.
  • File a Report at Work. After being injured, a worker should tell his or her company’s administration that he or she was hurt. Usually, an employee files an incident report. This explains when, where, and how the accident occurred.
  • Take Photographs of the Site. Since insurance companies are quick to fight payout for injuries, it is essential to document the scene of the accident with photographs. Witness testimony will be helpful as well.
  • Seek Legal Assistance. Construction accident cases are tricky. It is vital to seek help from an attorney who known your rights.

Reasons to Contact a Construction Accident Lawyer

When you find that you are the victim of an accident that occurred on a construction site, it is wise to contact an experienced personal injury lawyer. It may be difficult proving liability without help from a professional who understands the laws and the best way to form a case. Here are the top reasons to contact a personal injury attorney.

  • Although it is possible to obtain worker’s compensation benefits, they may not always cover all of your medical bills and other losses. If you have an injury that requires long-term care, you won’t have enough money to pursue proper care. Also, an employer in Texas may not hold worker’s compensation insurance. In this state, it is not mandatory to have coverage for employees. The only way to receive proper compensation is to file a lawsuit. Working with a skilled attorney will help you determine your total costs so that you file a claim that adequately covers all of your expenses.
  • Insurance companies may not be quick to release funds to cover compensation for your injuries. Many companies will try to settle for very low sums of money. To help you fight these large entities and to cover the compensation that you deserve, work with a qualified lawyer who deals with accidents that occur on construction sites.
  • Third-party Liability is Often a Possibility. A qualified attorney will help a victim determine the responsible party and will assist with calculating proper compensation for all injuries.

Working with Haney Paschal & Romoser

At our law firm, we specialize in personal injury law, including construction accident cases. If you find that you have been harmed on a Huntsville job site, you deserve a construction accident lawyer who is willing to form a case that uncovers the liable party and who is willing to pursue action so that you receive the compensation that you deserve. We treat clients like family. To schedule a free consultation, call our office at (936) 295-3712.