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Who can be held liable for construction accident injuries?

Last updated on: February 19, 2024

Construction sites involve a lot of people and a lot of moving parts. Even with all the safety measures and precautions put in place to help prevent serious injury, accidents still happen. There is an endless number of serious injuries that could happen on a job site especially when operating heavy machinery. So who is responsible for medical expenses when an incident happens? Because of all who are involved in a project, there are a lot of variables that need to be considered when trying to identify who is ultimately liable for the situation. This is where a Queens construction accident lawyer can help you navigate the fine print of construction site insurance policies, help protect yourself and your assets, and if applicable, fight for appropriate compensation. For comprehensive legal advice tailored to your construction accident case, contact K L Sanchez Law Office at (646) 701-7990.

What were the circumstances that led to the job site injury?

When it comes to analyzing an accident like this it’s important to identify what exactly went wrong. Were you or your loved one operating a heavy piece of machinery and the machine malfunctioned? Did the injury occur because someone else was improperly using a piece of machinery? Two examples of a situation where the operation of heavy machinery was involved but the responsibility for the injury could be the equipment manufacturer or the person operating the equipment.

Was the injury caused because of a hazardous work environment? It is occupational safety regulation for all job sites to maintain a specific set of safety standards for their workers. If the area where the incident happened was not upheld the way it should be, then it is possible that those who are responsible for taking care of the safety of that environment may be liable.

Who was responsible for your safety on the job site?

With each worksite injury, one of the most important factors to determine is if your employer, or your loved one’s employer, was accountable for your or their safety at the time of the accident or was it the responsibility of a third party. Depending on the situation, it could be possible to claim a personal injury suit from a third party.

Could the individual supervising the work potentially prevented the incident from occurring in the first place? Was there an unforeseen change that should have been caught by the supervisor before the process proceeded to the next step? This kind of error may put the individual who was responsible for overseeing the involved party at the time of the incident, liable for the damages incurred.

When you should contact a construction accident lawyer in Queens?

Aside from worksite injuries being devastating, they are complicated to navigate. An attorney that is well versed in the logistics of New York labor laws can help you through the stresses of a worksite injury. If you or a loved one is involved in a physical work-related injury, it will be important to contact an attorney right away. It is the lawyer’s job to investigate the circumstances of a case and make sure that you or your loved one are making all the necessary claims that will help cover the cost of what was lost.

Parties that may share liability for a construction accident injury

Investigating the root cause of a construction accident has many benefits. It allows for the dangerous conditions on the site to be rectified, which can prevent future injuries. It can also determine if multiple parties are responsible for the accident. Investigating the root cause of the accident may also be helpful for an injury claim that can pay for pain and suffering not covered by workers’ compensation benefits.

These are the usual parties that may be held liable in a construction accident injury:

  • At-fault drivers. Every year, many construction workers are injured in car accidents while they commute between work sites or run errands for their employers. Victims may file an injury lawsuit against at-fault drivers even if the crashes are eligible for workers’ comp benefits.
  • Subcontractors and contractors. Construction sites often have management or personnel companies that are not associated with the employer. If a manager, subcontractor, or general contractor fails to follow safety procedures or prevent injury, he/she can be sued.
  • Property owners. Property owners can be held responsible for an accident if the site was under their control or the work being done, if the hazardous conditions were not disclosed or if the negligence of the property owners caused the injury.
  • Equipment suppliers. A manufacturer of construction materials and equipment can be held responsible for injuries if it is poorly designed, assembled improperly, or labeled incorrectly.
  • Coworkers and employers. If the construction worker sustained a serious injury, a coworker (or employer) can be named in a lawsuit for work-related injuries.
Parties Involved Description
At-fault drivers Construction workers injured in car accidents during commutes or work-related errands can file injury lawsuits against at-fault drivers, even if eligible for workers’ comp benefits.
Subcontractors and contractors Management or personnel companies not associated with the employer can be sued if they fail to follow safety procedures or prevent injury at construction sites.
Property owners Property owners may be held responsible if the site was under their control, hazardous conditions were undisclosed, or their negligence caused the injury.
Equipment suppliers Manufacturers of construction materials and equipment may be liable for injuries due to poor design, improper assembly, or incorrect labeling of products.
Coworkers and employers In cases of serious injury, coworkers or employers can be named in a lawsuit for work-related injuries.

Negligence in Construction: Third Parties

In the intricate world of modern construction, the responsibility for safety and protocol adherence extends beyond direct employers to encompass a wider circle of involved entities. This expansion of liability touches upon negligent temp agencies, subcontractors, and third-party construction agencies, reflecting the multifaceted nature of today’s construction sites.

Temp agencies, often used in construction for sourcing temporary workers, play a crucial role in ensuring the safety and qualifications of the personnel they provide. Negligence on their part – such as failing to verify worker skills or ignoring safety protocols – can lead to severe consequences on construction sites. When accidents occur due to such negligence, these agencies can be held accountable for their lack of diligence in worker provision and training.

Subcontractors, another vital component in the construction, are equally responsible for adhering to safety standards and regulations. Their negligence, whether in following safety guidelines, using subpar materials, or employing unskilled labor, can lead to significant hazards. Given their direct involvement in various construction phases, subcontractors’ negligence not only compromises workers’ safety but also affects the overall integrity of the construction project.

Third-party construction agencies, often engaged for specialized tasks, bring an additional layer of complexity. Their duty is not only to perform their specific roles effectively but also to integrate seamlessly into the larger safety and operational protocols of the construction site. Negligence such as inadequate safety measures or poor operational coordination, can have a ripple effect, impacting various aspects of the construction process.

The accountability in modern construction is multi-layered, extending to all parties involved, including temp agencies, subcontractors, and third-party entities. Negligence on their part can significantly compromise worker safety and project integrity, emphasizing the importance of strict adherence to safety standards and regulations across all levels of construction operations.

Keetick Sanchez of KLS Law is an experienced and highly regarded construction accident lawyer in Queens.

Dedicated to making sure that the victims of construction site accidents and injuries are fought for and protected, the lawyers of KLS Law understand the complexities of state and federal regulations involved in the operation of a construction site. They are diligent when it comes to examining the circumstances of an accident and all the parties involved. If you have been involved in a construction site accident and are looking for help or have any questions, contact us for a free consultation today.

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