When an injury occurs on a construction site, it is difficult to determine liability. Construction accident laws are complex, and the number of persons typically involved in these types of cases can only further complicate the matter. Whether you are an employee or just an individual present on site when you were injured, you will want to speak with an attorney who specializes in construction site accidents to help assess your claim.
Parties That Could Be Liable for Your Injury
After an injury on a construction site, there are multiple parties that could be held liable – and there may be instances where you file claims against each of these parties. The potential defendants in your injury claim could include:
- Construction Site Owner – Larger construction projects will have work and legal responsibilities. This includes a construction site owner and general contractor, as well as sub-contractors. Courts will consider who was most in control of the site to determine who should be liable for the accident and injuries.
- Design Professionals and Engineers – Architects, engineers, and other design professionals on construction sites also have their own responsibility to avoid accidents. They must ensure that their designs are safe to be implemented, and do not injure workers who are completing the plans, or those using the completed project afterward.
- General Contractors – The general contractor, as well as his or her subcontractors, have a legal obligation to keep the construction site safe. They also have a responsibility to warn their workers of any potential hazards, and take measures to protect workers from those hazards. This includes health and safety regulations being followed at all times. The general contractor is responsible for following all Occupational Safety and Health Administration (OSHA) regulations. If he or she fails to do so, the contractor could be held liable for any injuries on the site.
- Construction Site Managers – Managers, and foreman responsible for workers and the site, could be liable if they fail to supervise or protect their employees.
- Manufacturers and Suppliers – Sometimes, it is an issue of defective products. Manufacturers and suppliers of machinery, safety equipment, building equipment, and materials could be held liable if they produce a product with a defect or something that is unreasonably safe. In some cases, the retailer that sold the defective product could also be held liable for injuries or deaths – because they are part of the distribution chain.
Know Your Rights – Contact a Construction Accident Attorney
If you have been injured as a result of a construction accident, you may be entitled to compensation under New York laws. You will need to speak with an attorney at Schwartzapfel® Lawyers P.C. first to assess your case. Our attorneys work on a contingency basis, which means we only get paid if you win your claim. Let our team help you receive maximum compensation and protect your rights. Time is limited as to how long you have to file your claim, so call for a free consultation now at 1-516-342-2200, or fill out our online contact form with your questions.
