When a construction worker sustains a personal injury on a construction site, determining liability can be challenging. In most cases, on-the-job injuries are covered by workers’ compensation. However, when a subcontractor is involved, a worker may be able to file a third-party claim to recover additional damages.
When are subcontractors liable for injuries?
Subcontractors are specialized workers or companies hired by the primary contractor to perform specific tasks or trades within a construction project. These tasks can range from electrical work and plumbing to roofing and concrete pouring.
Here are some situations where a subcontractor could be held responsible:
- Negligence: Subcontractors can be held liable for personal injuries if their actions or negligence directly contributed to the accident. For example, if a subcontractor fails to follow safety protocols or uses faulty equipment, resulting in an injury, they may be held accountable. The degree of supervision and control a subcontractor exercises over their work can also impact liability.
- Failure to provide a safe workplace: Subcontractors have a responsibility to provide a safe working environment for their employees and ensure their work does not pose undue risks to others on the construction site. If they neglect this duty, they may be liable for injuries that occur.
- Defective work or materials: If a subcontractor’s work or materials are found to be defective or subpar and this leads to an injury, they may be held responsible. This can include instances where improper installation or defective materials lead to injuries.
- Noncompliance with safety regulations: Failure to comply with federal, state or local safety regulations can result in liability for subcontractors. This includes issues related to scaffolding, fall protection and other safety standards.
Determining subcontractor liability in construction site personal injury claims can be complex. Here’s what you can do to help your claim:
- Seek medical attention: Always visit a doctor or emergency room as soon as possible. Waiting to be checked out may give the impression your injuries were less serious.
- Document the accident: After an accident, ensure that all relevant details are documented, including photos, videos, witness statements and medical records. Review any contracts and agreements between subcontractors, the primary contractor and the property owner. These documents may outline liability and insurance obligations.
- Consult an attorney: Call the Law Offices of Tim Misny as soon as your condition is stable. We can evaluate your claim and help you understand your legal options, no matter who is responsible.
Talk to an Ohio workers’ compensation and personal injury attorney
The Law Offices of Tim Misny can help you with your workers’ compensation and third-party personal injury claim. If you or a loved one were injured on the job, I’ll Make Them Pay!® Call my office at (800) 556-4769 so that I can evaluate your case right away.