When is a Construction Contractor/Employer Responsible for Workplace Injuries?
The Law Offices of Morton J. Shuman, P.C. • May 9, 2023
Construction sites are inherently dangerous places, and accidents can happen anytime. If you have been injured at a construction site, it’s essential to understand who may be responsible for your injuries. While many factors can contribute to a construction site accident, one key factor is the contractor’s actions in charge of the site.
Here are some factors to consider when determining if a contractor is responsible for injuries at a construction site.
- Negligence: Suppose a contractor has been negligent in their duties. In that case, they may be held responsible for any injuries that occur as a result. For example, suppose a contractor needs to train their workers or provide adequate safety equipment properly. In that case, they may be liable if a worker is injured. Negligence can also include failure to inspect equipment properly, enforce safety protocols, or properly mark hazards.
- Failure to Comply with Regulations: Contractors are required to comply with a variety of safety regulations at construction sites. Suppose a contractor needs to comply with these regulations. In that case, they may be held responsible for any injuries that occur as a result. For example, suppose a contractor needs to provide proper safety harnesses or fall protection gear. In that case, they may be liable if a worker falls and is injured. Similarly, suppose a contractor fails to provide proper ventilation or protective equipment for hazardous materials. In that case, they may be liable if a worker is injured.
- Control Over the Site: The amount of control a contractor has over a construction site can also impact their liability for injuries. For example, contractors with more control over the place, such as those who hire and supervise workers, may be held more responsible for any damages. Similarly, contractors with more control over safety protocols, such as those who develop safety plans or provide safety training, may be held more responsible for any safety violations.
- Independent Contractor Status: If a contractor is an independent contractor rather than an employee of the construction company, their liability for injuries may differ. Independent contractors are typically responsible for their safety and the safety of their employees. However, suppose an independent contractor is found to be negligent or violating safety regulations. In that case, they may still be held liable for any injuries.
- Contractual Obligations: Contract terms between a contractor and a construction company can also impact liability for injuries. For example, suppose a contract includes provisions for safety protocols or requires the contractor to comply with specific regulations. In that case, the contractor may be held responsible if they fail to meet these obligations. Similarly, suppose a contract places responsibility for safety on the contractor. In that case, they may be held liable for any injuries that occur as a result.
Contact Our Massachusetts Construction Accident Attorneys for Help Today
Therefore, determining if a contractor is responsible for injuries at a construction site depends on various factors, including negligence, compliance with regulations, control over the site, independent contractor status, and contractual obligations. Suppose you have been injured at a construction site. In that case, you must work with a personal injury lawyer who can help you determine who may be responsible for your injuries and pursue compensation for your losses. Contact Mort Shuman, a personal injury lawyer in Framingham, MA, for experienced representation and guidance.
Seeking out a personal injury lawyer after an accident can be overwhelming. With so many options, you may not know who to trust. The Law Offices of Morton J. Shuman, P.C. , has been serving the Framingham, MA, community for over sixty years. When you need an attorney, The Law Offices of Morton J. Shuman, P.C. has the record to prove our commitment.
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