How to Determine Fault in a Construction Accident in CT

Posted on 06/05/23

Determine Fault in a Construction Accident in CT

Were you hurt on the job working in construction? The construction industry has some of the highest incidences of work-related injuries. If you think you have a construction accident case, contact a Connecticut construction accident attorney. Here is more about third-party liability and your options. 

When Is an Employer Liable in a Construction Accident?

Employer negligence may play a role in your injury. However, your employer has workers’ compensation insurance to cover injured employees who are hurt on the job.

Workers’ compensation is a no-fault system that helps injured construction workers pay medical bills, receive wage replacement benefits, and cover other expenses related to their injuries. However, your employer also benefits from carrying workers’ compensation insurance. The primary benefit is that workers generally can’t file a lawsuit directly against their employer for a construction site accident.

Who Can Be Liable in a Construction Accident Case?

If you can’t file a claim against your employer for your injuries, what can you do? You may be able to file a lawsuit for a third-party construction accident case in court.

Potential liable parties might include:

  • The property owner. If the property owner of the job site retains rights to the land during the execution of the work contract, they may be liable for injuries sustained by employees working on the property. However, the owner may have given control to the contractor in charge for the duration of the work.
  • A general contractor. If you don’t work for the general contractor in charge of the project or your work zone, you may be able to hold the general contractor liable for your injuries. The general contractor is responsible for site safety and may be negligent in hiring practices, failing to uphold OSHA standards, or not providing appropriate tools and equipment.
  • A subcontractor. If you work for the general contractor or a subcontractor, another subcontractor’s actions (or one of their employee’s actions) could have caused your accident. For example, you may be able to hold an electrical subcontractor liable for a shock injury if you work for a masonry contractor.
  • An architect, engineer, or designer. Contracts and designs may place liability on an architect, engineer, or designer if improper design specifications led to your accident.
  • A manufacturer. Sometimes, faulty equipment or defective parts can lead to an injury. You may be able to file a product liability claim against a manufacturer or seller of a defective piece of equipment or part.

How Can an Attorney Help You Determine Liability?

Your construction accident lawyer can help you figure out what third parties may have contributed to your injuries. Some facts to consider about your construction site accident include:

  • Where the accident occurred at the job site
  • Whether any other construction workers were nearby to corroborate events
  • The job site conditions that day (rain, wind, heat, cold, etc.)
  • What equipment you were using or working near at the time of the accident
  • Whether other workers on site were using their equipment properly
  • Who was responsible for site safety and equipment management at the time of the incident

Your attorney can help you gather evidence to determine liability for your construction accident case.

Contact a Connecticut Construction Accident Attorney Today

A third party on your job site might be liable for your injuries. Call us today at the Law Offices of James A. Welcome at 203-753-7300 or contact us online to schedule a consultation with a Connecticut construction accident attorney at one of our offices.