The Basis of a Construction Site Legal Negligence Claim
Legally Reviewed and Edited by: Terry Cochran
Construction sites can be dangerous places, and they can become even more dangerous if proper care and safety measures are not implemented. If you or someone you know has been injured at a construction site and you or they believe that negligence is to blame for the injury, contact a construction accident lawyer today to help you file a claim against the liable party and help you fight for the justice and compensation you deserve.
What causes construction site accidents?
In the United States, spending on construction hit a ten-year high in 2016, which means that construction companies are struggling to find qualified workers. This need for qualified workers can lead to the temptation to cut corners on safety as developers move quickly on projects like new apartment buildings and office spaces. This means there is a higher potential for negligence to occur.
In Miami, which has a booming demand for real estate, for example, one bystander was killed, and five construction workers were injured when the scaffolding on a 60-floor condo tower under construction collapsed. The Occupational Safety and Health Administration, an organization designed to enforce federal workplace safety standards, reports that about 900 construction workers each year are killed in workplace accidents.
OSHA doesn’t keep records on statistics of bystander injuries, but a recent report suggested that at least once a month in New York City alone, a pedestrian is injured while walking past a construction site.
Michigan rules of liability
In Michigan, the law states that a person who employs a contractor for a construction project cannot be held liable for injuries or deaths caused by acts of the contractor or the employees of the contractor.
There are many exceptions to this, however. Notable ones include situations where a principal’s negligence caused the injury to the worker, where a principal did not take reasonable care to employ a competent and careful contractor, where a principal did not provide safe equipment or tools, and where a general contractor effectively maintained all control over the project.
If your injury falls into one of these categories of exception, you may be able to file a claim for additional compensation to any workers’ comp you may have already received.
Additional compensation for construction site injury
In the case of construction site workers seeking additional compensation for injury, potential liability can lie in the hands of a subcontractor, or a manufacturer of defective equipment. If the injury involved toxic substances such as lead or asbestos, workers may also file a claim by filing a personal injury lawsuit. This is one of the times when hiring the services of a construction accident lawyer at Cochran, Kroll & Associates, P.C. is important.
When filing a claim of negligence against a contractor or a principal, plaintiffs need to prove that the breach of the contractor or principal’s duty was both the factual and proximate cause of the injuries sustained by the plaintiff. This can be a very difficult challenge to prove, especially if there are multiple entities involved on the construction site.
Other parts of making your case in the Michigan court system can include issues with the Workers’ Disability Compensation Act, indemnification contracts and clauses, governmental immunity, as well as the statute of limitations and repose.
Filing for negligence and making your case in court can be difficult and intimidating for many people. If you are seeking help with filing a negligence claim after an injury on a construction site, do not hesitate to reach out to a professional at Cochran, Kroll & Associates P.C. Call our law firm at 866-MICH-LAW to schedule a free consultation. We never charge a fee unless a recovery is made.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.