Construction Injury Accident Liability | Eisenberg Law
Who Is Liable In A Construction Injury Accident?
Injuries are common at Wisconsin construction sites and when they occur the injured workers might ask who, if anyone, is liable for their injuries. Determining liability in a construction injury accident can be complex and multi-faceted and there are many layers and levels of protection for both workers and employers, but with help from an experienced personal injury attorney, injured workers can get the compensation they are due.
Workers’ Compensation Benefits
The first benefit that comes to mind when you’ve been injured at work is workers’ compensation. Workers’ compensation benefits cover medical expenses and some lost income. Workers’ compensation claims only require the worker to demonstrate that an injury occurred while at work. They don’t assign liability or blame for the accident. Workers’ compensation benefits usually include the caveat that the worker cannot sue the employer.
Liability For Construction Injury Accidents
Many accidents are simply accidents. There is no one to blame and the injury may be chalked up to simple bad luck. At other times, another party may be responsible or liable for a construction injury accident. In those situations, an injured worker can file a personal injury lawsuit against the responsible party, as long as it is not the employer. This does not preclude them from also filing for workers’ compensation.
So, Who Can Be Held Liable For A Construction Accident Injury?
Many people, including:
- Construction site owners
- General contractors
- Equipment manufacturers
- Third-party people or businesses that contributed to the injury due to negligence or gross misconduct
One of the biggest factors in determining liability, particularly for site owners and contractors, is the amount of control they have over the site premises and the working being done. The Occupational Safety and Health Administration (OSHA) requires general contractors and subcontractors to provide workers with a reasonably safe working environment. They must also warn workers of any hazards that are part of the job and they must ensure that the work is performed in a safe manner. This includes making sure that all safety regulations are followed.
Equipment manufacturers can be held liable if they produce a faulty product that causes or contributes to the injury, or if they don’t include adequate warnings or instructions on the proper use of the machine or equipment.
Types Of Construction Injury Lawsuits
There are many different types of construction injury lawsuits. The type of lawsuit depends on the circumstances surrounding the injury or accident. Construction injury lawsuits may fall into any of the following categories:
- Personal Injury Lawsuits.
- Product Liability Lawsuits.
- Wrongful Death Lawsuits.
Compensation And Construction Injury Lawsuits
Filing a construction injury lawsuit makes it possible for an injured worker to try and recover damages in the form of financial compensation for their injuries. Damages may be awarded for:
- Medical costs
- Lost income
- Loss of livelihood in the case of injuries that affect your ability to work
- Pain, suffering, and emotional trauma
- Punitive damages
If you are injured on the job, it’s important to document everything related to the injury and the events leading up to it. Anything that could be a factor in the injury should be included such as medical claims, witnesses, photographs, etc. If you do decide to pursue a claim, this information will be important evidence.
Finally, it is critical to any type of personal injury case, including construction injury cases, that you enlist the services of an experienced personal injury attorney. You should speak to an attorney as soon as possible after the incident to learn about your options and understand your rights.
For construction injury lawsuits in Wisconsin, visit Eisenberg Law Offices in Madison. We have over 35 years of experience in personal injury law and work closely with every one of our clients to develop the optimal legal strategy for the situation.
Contact Eisenberg Law Offices for a free case evaluation by calling 608-256-8356 or emailing Info@EisenbergLaw.org.