Injuries are common in the construction industry, which is a dangerous job globally. With many sites underway in New York and the high risk involved in the job, who takes liability during serious and unfortunate incidents? When such incidents occur, it can be devastating for the worker, who apart from being injured, will also have to deal with medical bills and the inability to continue working.
Therefore, it is very important to know the ins and outs of how to determine liability and how to seek compensation. Different parties may have to take liability during serious incidents depending on the specific details of each incident. Some liable parties include the;
The site owner is usually perceived to be at fault during injury-inflicting incidents. Since they have control over the site and are in charge of the work, most people will point the accusing finger at them before investigating the matter. Not all cases deem the site owner the liable party for such injuries. However, in some cases, they may be liable and legally responsible for injuries that were caused by a hazardous condition on the property that they knew about or should have known about.
The property owner must ensure their premises are reasonably safe during construction work. Property owners are not subject to worker’s compensation law limitations. Therefore, you can seek full compensation for losses related to the injury.
The general contractor has a responsibility of ensuring that workers have the required training and safety equipment. The liability may fall on the professional depending on the incident. For example, if you were employed by a general contractor, yet the electrical subcontractor’s neglect caused the incident, then the liability will fall on the subcontractor and vice versa. The initial step in such instances is to immediately seek out legal guidance from a New York construction accident lawyer for sound advice on the way forward.
Incidents can occur for various reasons. In certain instances, the injuries are caused by a structure being inherently unsafe. Other causes include a lack of proper inspection before the onset of the job. Laxity in such areas can result in the death or injury of a worker. Such instances may call for the architects to bear responsibility, especially when it is an oversight.
Product or Equipment Manufacturer/ Supplier
Manufacturers are usually held accountable for the quality of equipment they make. When it comes to construction equipment, the builders should look for safe equipment that will give them value for their money. For instance, if a faulty or defective equipment results in the death or injury of a worker, the manufacturer is held liable. Under NYC law, manufacturers and suppliers of defective products or equipment take liability for deaths or injuries caused by such products.
Finding yourself in a site incident that has wounded you may be inevitable. Therefore, you should understand what to expect during such instances. If you are a casualty and you want your rightful compensation, you should seek medical attention, report the incident, document everything, and call an attorney who specializes in such cases.