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Construction Accidents

By Aaron Larson
March, 2005

Contents

Construction Injuries

Construction sites can be dangerous places to work. Even on a small scale jobsite, there will almost always be the use of potentially hazardous power tools, and will often be multiple contractors or subcontractors present performing different tasks. At a major construction site, there may be heavy equipment and cranes, dozens of contracors and subcontractors, and thousands of pounds of building materials and supplies around the jobsite, which may involve significant excavation, scaffolding, or construction. The risk of serious injury at a construction site should not be underestimated.

Workers Compensation

Injured construction workers will often be able to resort to workers' compensation benefits, to cover some of their lost wages, their medical care, and rehabilitation. In many cases, where the worker's injury is caused by the worker's own error, or by the negligence of the employer or a co-worker, workers' compensation will be the "exclusive remedy" available to the worker, meaning that no personal injury lawsuit is permitted. However, where a third party bears partial or full responsibility for a construction worker's injury, it may be possible to bring a lawsuit in addition to the workers' compensation claim.

Personal Injury Claims

Many injuries on construction sites are caused by mistakes or carelessness, which are common grounds for personal injury actions based upon the theory of negligence. As was previously noted, it is not ordinarily possible to bring a negligence action against your own employer or a co-worker (somebody else who works for your employer). However, where multiple contractors and subcontractors are operating at a construction site, it is not unusual for an injury to have been caused by somebody who is not a co-worker. It may be possible to pursue a personal injury action against such an individual, and against that person's employer under principles of "respondeat superior" or "vicarious liability" (which make the employer responsible for certain negligent acts of an employee, made during the course and scope of employment).

Product Liability Claims

A product liability claim involves the allegation that the plaintiff's injury was caused by a product which was unsafe, usually because of a design defect, production defect, foreseeable misuse, or inadequate warning labels or instructions. Although some states make an exception, a worker is generally unable to pursue a product liability claim against his own employer, where the product or machine at issue was built to the employer's specifications and is maintained by other employees. However, where a third party is responsible for the design, installation, maintenance, or warnings associated with the machine, and that person is negligent in carrying out their associated duties, it may be able to pursue a product liability action against the third party in relation to the injuries suffered by the construction worker.

Special Issues

Sometimes a contractor or other business will make an arrangement with another business, such that the second business hires, manages, and pays a group of employees to perform specified tasks. Whenever possible, these arrangements are typically structured to make the employees "co-employees" of both businesses. That may serve to prevent the workers from bringing a personal injury action against the contractor or business, even though the employee didn't realize that he or she had more than one "employer" in the eyes of the law, and even though the "co-employer" did not directly provide worker's compensation coverage for the injured employee.

Construction workers should also be aware of possible injury through workplace or environmental toxins. Many workers on shipyards found out, decades later, that they suffered from asbestos-related illnesses. Welders are increasingly concerned about possible exposure to manganese in welding rods, causing manganism. There is growing concern about silicosis, from silica dust released into the air during construction work. Use or exposure to lead paint can result in lead poisoning.

Injured construction workers will often benefit from consultation with a qualified workers' compensation lawyer, who ideally will be associated with a personal injury practice. That way, the worker's situation can be reviewed not only for workers' compensation, but also for possible recompense from responsible third party defendants.

About The Author
Aaron Larson is a Michigan lawyer whose practice emphasizes civil appeals and litigation consulting. Copyright © 2005, Aaron Larson, all rights reserved.
Disclaimer
As legal advice must be tailored to the specific facts and circumstances of your case, information cannot substitute for the advice of qualified legal counsel. All information on this website is believed to be accurate as of the time it was authored. However, due to the possibility of changes in the law since that time, and as personal injury laws can vary significantly from state to state, you should verify any information you find on this site with a licensed legal professional in your state. All information on this site is presented on an "as is" basis. Your use of this site does not create an attorney-client relationship.