Liability And Compensation In A Construction Injury Accident

If a construction injury accident occurs, who is the one at fault? Would the injured person be able to claim compensation? Unfortunately, this is not a question with one right or wrong answer as the answer varies depending on the individual circumstances.

Who to Hold Liable

Whether the incident involved a worker or a member of the public, there are various people who may be held liable for the accident. These people include contractors, site landowners, construction managers, material suppliers, and anybody else involved in the project. It is even possible for an organization funding the construction project to be liable.

The actual individual will depend on the reason for the incident. If it was a failure with the materials, it will most likely be the supplier or manufacturer held liable. If there was an incident involving falling debris or a vehicle accident, the construction manager or contractors may be held liable. Where there has been an issue with the land, it will fall to the site landowner or the construction manager, depending on the problem with the land.

Delegation occurs on the construction sites. The person held liable will be the person put in charge of a specific area on the site.

Claiming Compensation for the Accident

In many cases for fall injuries, the worker's compensation will kick in. This is when the fall involves a worker. Worker's comp can also cover other accidents that have happened at work.

What about when the fall involves someone who isn't covered by the business? The compensation will then need to be claimed through the person held liable. If non-workers aren't supposed to be on the site, it is up to the site managers and others responsible for the work to place warnings up. While this doesn't absolve all liability, it will help to limit it. Locking the construction site up at night can also limit liability in cases.

It is possible to file a personal injury claim. This is available for workers and non-workers on a construction site. You will need to hire a personal injury lawyer to help you with this case and will need to prove damages.

If you are not supposed to be on the site, you may be held partially responsible for the accident. Where the accident is to a worker, there are protections in place in the event of it happening to ensure the worker is not left to pay medical bills out of pocket.

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