How to Determine Fault in a Construction Accident in CT

Posted on 07/17/23

Construction Accident in CT

Construction workers perform some of the highest-risk jobs in Connecticut. Slip-and-falls, electrocutions, and impacts from heavy objects are among the common causes of construction injuries.

If you or your loved one suffered injuries during a construction project, your first question may be, “Who’s responsible?” A Connecticut construction accident attorney can help you determine fault in your case and suggest the optimal legal strategy for seeking compensation.   

Potentially Responsible Parties in Construction Accidents

Construction accidents happen for many reasons, including hazardous worksites, defective equipment, failure to follow safety protocols, inadequate training, and human error. Often, several parties may share liability for a construction worker’s injuries. These include:

  • The property owner
  • General contractors or subcontractors
  • Architects and designers
  • Construction engineers
  • Product and machinery manufacturers

Determining liability for construction injuries involves a thorough step-by-step analysis of the incident with support from solid evidence like medical records, surveillance camera footage, and witness statements.

Workers’ Compensation Claims

If the only responsible party in your construction accident is your employer, you’ll seek reimbursement for accident-related costs through a workers’ compensation claim. Workers’ compensation in Connecticut operates on a no-fault basis, so injured construction workers receive compensation no matter who caused the accident.

Workers’ compensation covers medical treatment, wage loss, and other benefits for injured workers (or their families in fatal accident cases). To preserve your right to compensation, you must report your injury to your employer immediately and then follow the required filing procedure.

Third-Party Claims

A construction accident claim becomes more complicated if a third party, like a subcontractor or a product manufacturer, is at fault for your injuries. For example, if you suffered electrocution on a construction site because of defective wiring, the electrical service company that was responsible for on-site wiring maintenance would likely be responsible for compensating you.

In negligence-based claims, seeking compensation hinges on proving fault. You and your Connecticut construction accident attorney will need to show that:

  • The responsible party breached their duty of care (like providing safe electrical systems)
  • This breach of duty caused your injuries
  • Your injuries caused tangible, significant damages (such as medical bills and lost wages)

How Fault Percentages Work in Negligence-Based Claims

Unlike workers’ compensation claims, negligence-based claims take fault percentages into account. In Connecticut, you can recover compensation in this type of claim as long as your share of the fault is less than 51%, but your settlement would diminish proportionally to the fault percentage. For example, if you’re 20% responsible, you’d only receive 80% of your claim’s worth.

Do You Need a Lawyer for a Construction Accident Claim?

Construction injury cases are often both complex and extremely high-stake, as they involve serious injuries and large settlement amounts. Working with a skilled and experienced Connecticut construction accident attorney will give you a much better chance of winning a settlement that covers the full extent of your damages.

A construction accident lawyer can:

  • Analyze your case and pinpoint the potentially responsible party
  • Calculate your case’s value based on both present and future long-term damages
  • Handle all filing procedures and negotiate with insurance companies
  • Advocate for your interests and help you decide whether to accept a settlement offer
  • Take your case to trial if settlement negotiations fall through

Law Offices of James A. Welcome: Aggressive Representation for Injured Construction Workers in CT

Did you or your family member suffer a construction accident in Connecticut? Our law firm will evaluate your case, build a powerful claim, and fight hard to help you seek compensation. We represent construction-related personal injury and wrongful death cases in Waterbury, Torrington, West Hartford, and other locations across Connecticut.

Call (475) 348-8448 or contact us online for a free consultation with a Connecticut construction accident attorney.