This post was written by Sara M. Davis, a Partner at Whiting Law Group.
When it comes to construction accidents, injured workers often look first to worker’s compensation for recovery. This is the right course – however, it’s very important to look beyond any worker’s compensation claims when investigating liability for negligence.
On a busy construction project, there are often many companies, contractors and vendors working on site. While worker’s compensation will regularly cover the employer of the injured construction worker, those other companies on site might very well be liable for the damages suffered in the accident.
While worker’s comp will generally address compensation due to an employee injured in a construction accident, it’s worth taking the time to investigate the accident more thoroughly. Other contractors and companies may be at fault for causing the accident – perhaps through scaffolding that was defectively assembled. Or maybe it was a contractor who left out supplies that caused someone to trip. Those companies owe everyone on the construction site a duty of care – and their failure to follow accepted and approved safety rules and standards could mean that they owe an injured construction worker fair and just compensation beyond what he or she receives from their employer.
Addressing worker’s comp is only part of ensuring full compensation for those wrongly injured in construction accidents. A good construction accident attorney will also investigate the accident, secure the scene, document the evidence and identify the players to determine if other individuals or companies are responsible for causing the injury.
(This construction accident law video is also available on YouTube.)