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Who Is Liable for a Construction Site Accident?

who liable for construction site accident

Construction sites are often chaotic environments. There are many contractors and others involved in completing a project, and because of this, there are usually hazards everywhere. 

While injuries can happen at any job, they are more common when working on a construction site. Because of this, you must determine who is liable for your injury. In many cases, it’s necessary to use the services and expertise of a Florida construction accident attorney. At Sternberg Forsythe, P.A., we can review your case and help ensure the at-fault party is held responsible. 

Even though Florida is a no-fault state for workplace accidents, and you can receive workers’ compensation no matter who is liable, it may also be possible to claim additional compensation if someone besides your employer caused your injury. 

Keeping Employees Safe on Construction Sites 

Construction companies have the legal obligation to ensure safe working conditions for all employees. While this is true for all workplaces, construction sites have specific regulations related to upkeep because of how dangerous they can be. 

The entity in charge of enforcing these regulations is OSHA (Occupational Safety and Health Administration). Additionally, Florida Statutes in place dictate safety obligations that all construction companies must adhere to. 

If a construction company violates the state or federal safety standards and a worker suffers an injury because of this, the employer must pay compensation to the employee for their losses and injuries. Some of the ways that an employer is liable for construction accidents include:

  • Not meeting or adhering to the safety standards set by Florida Statutes, OSHA, or other guidelines. 
  • Not training employees on the necessary safety protocols. 
  • Not providing supervision for dangerous construction activities.
  • Not providing the proper safety equipment, such as harnesses, hard hats, reflective vests, gloves, and other equipment needed for the conditions. 
  • Not inspecting the worksite and ensuring it is maintained and safe for all employees. 
  • Failure to use the required safety measures for the site, including tape, signs, cordons, or other preventative measures.

Construction Site Injury Compensation for Employees 

If you are working on a construction site and injured while doing tasks within the scope of your employment, you can receive compensation through your employer’s workers’ compensation insurance coverage. 

You can file a claim with the carrier your employer uses. There are situations where the insurance provider may deny your claim, stating that your injury did not occur while you were working. They may try to reduce how much your claim is worth in other cases. They may do this by claiming the treatment is unnecessary or excessive. It’s necessary to have an attorney who can fight against these claims and prove that your injury does require compensation. 

Some of the losses you can cover with workers’ compensation insurance include:

This compensation will also cover any other financial losses you incur because of your construction site accident. 

Construction Site Injury Compensation for Non-Employees

It isn’t just construction workers who are injured in construction site accidents. A person passing by may also be injured. This happens (as mentioned above) because of all the hazardous conditions present on a construction site. 

If someone who is not an employee working on the construction site is injured, they can also receive compensation for their injuries. The process is like what an employee would do to recover compensation; however, instead of filing a claim with the workers’ compensation carrier of the construction company, the injured party will file a claim with the company’s liability insurance carrier. 

To have a successful claim for injuries caused on a construction site, the victim has to prove that the company or landowner was in charge of the site and, as a result, legally responsible for their injuries. 

Unfortunately, these cases can be challenging to prove. For example, if the person injured was trespassing when the accident occurred, the construction company doesn’t have a legal obligation. However, if the construction site was not secured and blocked off, and cases of trespassing are considered foreseeable, then the company may be legally obligated to ensure site safety, even for those trespassing on the property. 

Unfortunately, these cases can be complicated. Also, most larger construction companies have entire legal teams to help with these situations and deny claims made against them. Because of this, you must hire experienced legal representation. 

Contact Our Legal Team for Help with Construction Site Accident Claims

Contact us today if you have been injured on a construction site and need help with your injury claim. Our team will help you get the compensation you deserve for your injuries and losses. We fight aggressively for our clients to help ensure they receive the compensation deserved for their situation. 

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