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Construction Accidents - Workers Compensation - Work Accident Injuries

The imposition of legal liability through the state-based Workers Compensation program is intended to protect the welfare of American workers and discourage dangerous and careless employers from putting their employees at risk of physical danger.

Construction work is by far one of the most dangerous occupations. Construction site accidents kill and injure hundreds of thousands of American workers every year. In 1970, in response to these conditions, Congress passed the Occupational Safety and Health Act, which legally mandated safe working conditions for all workers – especially those in the high-risk construction industry.

According to the Department of Labor, the financial cost in terms of worker awards and payouts of work-related injuries and illnesses is expected to exceed $120 billion and climbing.

What is the Workers' Compensations Act?

The Workers Compensation Act was enacted to ensure that employees who are injured or rendered disabled on the job are provided with adequate compensation, eliminating in most circumstances the need for expensive and protracted litigation through the court system.

The Workers' Compensations Act requires companies to purchase Workers Compensation insurance for the benefit of their employees should they be injured on the job. If the employer fails to purchase such coverage, the employer will not be shielded from legal liability. In fact, the injured construction worker will be able to sue the employer for all injuries, not just those covered by Workers Compensation, and will include allegations for payment of pain and suffering.

Under Workers Compensation laws, an employee with a work-related injury can apply for Workers Compensation benefits regardless of whether the employer or its agent was at fault. In exchange, an employee will be legally barred from having the right to sue the employer for work injuries under the system of Workers Compensation.

General Contractor Has Non-Delegable Duty To Keep Work Conditions Safe

The general contractor is required by state law to provide a reasonably safe construction site, to warn of hazards inherent at the site, to hire employees with good safety records, coordinate job safety and supervise and ensure safety compliance throughout the job site.

Given the peculiar risks and dangers associated with construction job sites and the unchecked discretion of general contractors to control and manage the pace and manner of work, state law imposes on general contractors what is known as a non-delegable duty to maintain a safe workplace free from unreasonable risks of injury.

It is called a non-delegable duty because the general contractor may not legally delegate the responsibility away to any other person or worker, including other businesses and subcontractors. Even if the general contractor does delegate project safety to someone other then itself, the general contractor will still be held liable for the injuries and damages sustained by the worker, even if it was not caused by the general contractor.

Under OSHA the general contractor must ensure the safety and protection of all workers on a construction project, irrespective if they are employees of the general contractor or not. Said another way, the general contractor is the single source of responsibility for the safety of all employees on the job site. As such, the general contractor bears full legal responsibility for all OSHA violations.

Workers Compensation – Construction Accidents – Defective Products

Construction sites usually use dangerous tool and machinery products such as scaffolding, tractors and cranes, power tools, hoists, woodworking tools, ladders, winches, cement mixers, bulldozers, graters, scrapers, forklifts, pressure vessels, gas detectors and other types of common construction equipment.

In most situations, injured workers receive Workers Compensation insurance benefits regardless of fault. Because Workers Compensation benefits act as a type of insurance, it precludes the employee from suing the employer for the injuries and disabilities sustained at work. Most states require employers to purchase Workers Compensation insurance for their employees. In this regard, there are specific Workers Compensation insurance companies that specialize in covering construction work accidents and fatalities.

Third-Party Liability – Construction Cases

Even though employers are liable for employee work accidents occurring within the course of their employment, the worker can still legally pursue injury claims against a non-employer third-party. For example, if a construction worker was working on the employer’s jobsite using a defective jackhammer and was injured as a result of the defect, the worker may still pursue his legal claims against the manufacturer and supplier of the defective product as well as the employer under Workers Compensation. The employers insurance company will likely claim a set-off from the responsible third-party manufacturer where applicable. In this context the employer insurance company becomes an intervening party against the manufacturer or supplier.

Denial Of Workers Compensation Benefits – Drug Use On Job

Most states can impose mandatory drug testing on the injured employee, and can deny the employee Workers Compensation benefits if such tests show the employee was under the influence at the time of the injury. Compensation may also be denied where the employee was violating the law or express company policy.

Types Of Compensation For Construction Injuries

The following examples of compensation covered in most construction injury cases include full compensation for past and future medical care and treatment, drug therapy, replacement income, vocational rehabilitation, and job search assistance.

The greatest disadvantage of the Workers Compensation system in construction cases is that injured workers are not entitled to collect for pain and suffering which is normally a large part of most types of personal injury cases.

Wage replacement usually comes out to about three-quarters of the worker's average yearly wage. Workers' compensation insurance is not limited to just incidental accidents. Workers Compensation also cover construction injuries and illnesses that are developed over long periods of time relating to the work environment, especially where the worker has been injured due to repetitive physical activity.

Lump Sum Benefits – Permanent Work Injuries

If the worker is rendered permanently disabled from a prior construction job, the worker will probably still be eligible for long-term disability or lump sum benefit. However, permanent disability benefits are normally aggressively litigated by the insurance company and can be very complex, highly contentious and time consuming. Speak with an experienced Workers Compensation lawyer to help you develop the right litigation strategy for your case.

Course Of Employment – Construction Accidents

You will be covered by your employers Workers Compensation insurance so long as you were working within the course of your employment at the time you were injured. This includes workers who run offsite job errands. For example, if a construction worker is delivering supplies to another job site and is involved in an auto accident, the worker will be covered if the accident happened in the course of the workers employment. Driving to and from the place of employment is generally considered to be in the course and scope of employment.

Not All Employers Conduct Is Protected

Just because your employer purchased Workers Compensation insurance, does not mean the employer will automatically be immune from direct liability for the workers injuries. The law is very clear. An employee may sue his employer for any reckless, malicious or intentional conduct so long as the worker can prove that such conduct was a legal cause of the injury. Remember however that you will be waiving your right to workers compensation insurance should you proceed against your employer directly.

If you are successful in suing your employer directly, you will be allowed to recover a much broader range of legal remedies such as general and punitive damages.