Who is Liable for a Construction Accident?

 


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Accidents are bound to happen in the construction industry, but who is responsible for them, and how do you recover compensation? Knowing who should carry the liability is essential because if you're not the one who's held accountable, then your insurance carrier will likely drop your coverage. Those who can be held responsible during a construction accident include:

1. The Contractor

The person in charge of the job is responsible for the safety of all on-site workers. And should ensure that all work is completed as outlined in the contract. If an accident happens on-site, then they should provide compensation to those injured.

2. The Design Engineer

A design engineer has complete control over the project, and although they may not be present at the job site, their decisions can ultimately affect what goes on there. Suppose the design engineer approves an unsafe or defective design or adopts a faulty procedure in construction. In that case, workers on the job site are at risk for injury and will not be able to pursue compensation.

3. The Architect and Land Surveyor

The architect and land surveyor are responsible for ensuring that all measurements and calculations used during construction are accurate. They must review all plans before they're used on-site, but if safety standards are not followed during construction, then anyone using those plans may be injured.

4. The Client

The client is ultimately responsible for the contractor's conduct and must oversee the project from start to finish. Although they may not be present on-site or make daily decisions, they still need to ensure that the work is being performed according to the contract and all safety rules are being followed. Ultimately, it's their job to ensure that all parties involved are doing their part in ensuring a construction site is safe.

5. The Subcontractor & General Contractor

If you work under a subcontractor or a general contractor, then you are their employee and must follow the instructions that have been given to you by your supervisor on site. They'll be in charge of ensuring that all safety standards are followed and protecting workers on their job site.

6. Managing Agent

The owner or managing agent is responsible for ensuring that everything on a construction site goes according to plan, and they should take care of the responsibilities outlined in their contract with the contractor. If you feel there's a danger on-site, you must report what you see to your employer so they can remedy the situation before an accident occurs.

7. Workers

The workers on a construction site are ultimately responsible for their safety and that of the public. You must keep yourself safe by following all the safety rules and ensuring that any necessary repairs or work orders are completed promptly. It's also up to you to report any hazards or problems you see on-site to your employer immediately so they can be resolved.

Therefore, in the end, it's up to each worker on-site to ensure they're being safe and doing what they can to protect themselves. It's also your responsibility to ensure that you know who is responsible for the actions on a construction site and what you can do to get compensated if an injury happens. 

Important to note that construction accident lawyers can help with your claim and ensure that you're able to make the most out of your situation.


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