Who Is Responsible in a Construction Site Accident?
If you’ve been injured in a construction site accident, it can be challenging to determine the responsible party. Whether you are injured by falling debris, electrocution, or one of the other common causes of construction accidents, the Hartley Law Firm can help. We can guide you as you navigate these often complex cases.
An experienced attorney from our office can help you identify the party responsible for construction site accident liability. In our experience, multiple parties may be responsible for your injuries, including:
- Property owners,
- Construction companies,
- Equipment manufacturers,
- Employers, and
- Negligent workers.
We would be happy to discuss your case with you, including any limitations on the actions you can bring and the best course of action for obtaining compensation. Contact Hartley Law Firm today for a free case evaluation with an experienced construction site accident lawyer.
Parties Who May Be Liable in a Construction Site Accident
Any number of parties may be liable for your construction site accident. Each party will likely try to minimize their potential liability after your injury. A construction site accident lawyer can investigate your accident and uncover the responsible party.
Construction companies are often responsible for ensuring the construction site is safe according to the standards set forth by the Occupational Safety and Health Administration (OSHA). Texas employers can be liable for damages when they fail to uphold safety standards, resulting in a construction site accident. If employer negligence is unclear or your employer fails to take responsibility for a construction site accident, contact an experienced lawyer. Our lawyers can investigate the circumstances surrounding your injury to determine if an employer’s negligence caused or contributed to a construction site accident in Texas.
Working with heavy machinery is an everyday occurrence at a construction site. But such dangerous equipment often leads to injuries. A manufacturer may be partially liable for your damages when a defective product causes a construction site accident. However, holding a large manufacturing company responsible for faulty machinery can take time and effort. You should consult an attorney if you suspect defective machinery played a role in your injury.
Construction Site Workers
Although no one wants to be a legal adversary to a co-worker, a co-worker could be at fault for your construction site accident. When another construction worker is negligent, they may be liable for any injuries caused by their negligence.
Sometimes, when an employee is negligent, the employer is partly to blame. Suppose the employer was responsible for training the worker but failed to do so. When that untrained worker injures you, the employer may also be liable.
Forklifts, pavers, tractors, and other construction vehicles can be dangerous. Thus, vehicle accidents are among the most common causes of construction site accidents. Sometimes, a negligent driver causes an accident that leads to your injuries.
One of a contractor’s primary responsibilities is to ensure that everyone on the construction site is safe. This responsibility includes the duty to warn and provide a safe work environment. When a general contractor or other contractor fails to protect people at the construction site, you may be able to hold the contractor accountable for the accident.
Construction Site Property Owner
A construction site owner may be responsible for maintaining a safe environment. They may be liable if they turn a blind eye to unsafe working conditions or allow the contractor or construction company to cut corners. Whether the property owner can be held responsible usually takes a thorough investigation. A lawyer who understands the laws and how they apply to your situation should conduct this investigation.
Compensation Depends on Who Is Responsible
Narrowing down the responsible party can be simple or complicated. However, you must determine the parties responsible for your injuries to know how to proceed with your compensation claim.
For example, if your employer is at fault, you may be able to file a workers’ compensation claim. However, your employer may not have workers’ compensation because it is optional for most private employers in Texas. Even if your employer has it, workers’ compensation may not cover all your medical bills and losses. If you have an injury requiring long-term care, workers’ compensation may not cover such an expense. Often, the only way to receive proper compensation is to file a lawsuit.
Additionally, Texas’ modified comparative fault laws may impact your case if the liable party claims you are partly responsible for your injuries. Under this rule, a court assigns you a percentage of fault and then reduces your recovery based on this percentage. Plus, you can’t obtain any compensation if you are more than 50% responsible for your injuries.
Have You Been Injured in a Texas Construction Site Accident?
Hartley Law Firm specializes exclusively in personal injury law, including construction site accident cases. We are here for Texans whose lives have been changed forever due to an accident or injury. We can explain your legal options, whether you’re a worker or passerby, and provide an honest assessment of the strengths and weaknesses of your claim. Our experienced, award-winning construction site accident lawyers are standing by. Contact us today online or by phone.