Construction Site Accidents: Who's at Risk?

While almost any type of workplace can offer unexpected
accident risk, it is the responsibility of the employer to
take action to keep that risk as low as possible.
Construction sites may seem to be more hazardous than an
office building or store, but accidents and dangers can be
prevented by implementing rigid and enforceable safety
practices at construction sites. For example, the general
contractor and all subcontractors are required to provide a
reasonably safe site, to warn of hazards inherent in the
site and work, to hire careful employees, to coordinate job
safety, and to supervise compliance with safety
specifications. In addition, construction site workers
should be properly trained in the operation of machinery
and equipment. The construction site should also be
properly managed according to legal standards to prevent
construction site accidents.

Even with precautions and adherence to safety practices,
construction site injuries can still occur due to the
inadequacy of these provisions. Construction site cases can
involve accidents from defective or collapsing scaffolds;
falls off of or through roofing structures; electrocutions;
falls off of ladders; defective machinery such as cranes,
hoists, conveyors, tractors, and forklifts; malfunctioning
tools and other construction equipment; and the collapse of
walls or floors. These types of construction site accidents
can often result in serious injuries or death. In fact,
thousands of construction workers are injured or killed in
construction site accidents each year.

Construction Site Accidents and Workers' Compensation

Virtually all significant injuries suffered in construction
site accidents give rise to workers' compensation rights.
The Workers' Compensation Act provides benefits to workers
who are injured on the job. Unfortunately, Workers'
Compensation alone may be insufficient compensation
especially in the case of very serious and catastrophic
personal injuries which happen often in construction site
accidents. These rights depend upon the application of
various complex laws and the individual circumstances of
the accident.

However, these limited workers' compensation rights may be
supplemented by legal actions against others who have
responsibility for various activities on a construction
site including construction managers, general contractors,
subcontractors, equipment manufacturers, etc. When a
construction site accident occurs, the owners, architects,
insurance companies and manufacturers of equipment can be
held responsible for inadequate safety provisions.

For example, in most construction projects, many different
contractors are involved. If any contractor other than the
direct employer has responsibility for the injuries, full
damages can be recovered. Likewise, if a defective tool,
machine, or other product causes injury, an injured worker
can be fully compensated.


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