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How to Determine Liability in a Construction Accident

man in black pants using a circular saw to cut wood

Work on construction sites requires the assistance of numerous parties in order to get projects successfully off the ground. Each job tends to involve a hierarchy of people such as contractors, sub-contractors, engineers, and the construction workers themselves. There are also numerous complex and hazardous machinery and equipment involved, all of which may have been created by different manufacturers.

Due to all the moving parts, it may seem impossible to determine who exactly is responsible for your accident if you’re hurt while working in or walking by a construction site in Massachusetts. Our construction accident lawyers explain how to determine liability in a construction accident.

Who is Responsible for My Construction Accident?

When a person gets injured at a construction site, the ramifications can be devastating. Construction accidents often lead to long term or permeant disabilities that affect people’s ability to work—they may even result in death. Yet, even minor construction accidents may happen so fast that it can be hard for the injured party to understand or recall the exact cause.

Common construction accidents involve:

  • Electrocution
  • Falling debris
  • Fires and explosions
  • Hazardous material
  • Heavy equipment
  • Unstable scaffolding

These events can be so sudden and traumatizing, it wouldn’t be shocking if a victim had no idea who was responsible for their injury. However, if you want to file a workers’ compensation claim, you will have to name someone as a liable party.

One or more of the following parties would likely be responsible for your construction site accident:

  • Construction site owner: If a construction site injury is caused by a hazard in the area that the owner was or should have been aware of but didn’t mitigate, they are most likely at fault. If control was handed over or another party created dangerous conditions of which the owner was unaware of, they cannot be held liable, however.
  • General contractors: It is the contractor’s job to ensure that the worksite is safe. This includes hiring adequately trained construction workers and checking to see that everyone on site is following mandatory safety regulations. If a worker is injured due to unsafe conditions that the owner was not responsible for, the contractor is usually the one who is liable.
  • Manufacturers: If an injury is caused by a mechanical defect, the manufacturer of the machinery or equipment can be held liable for damages.
  • Architects: In the case that a flaw in the construction project’s design causes an injury, the architect can be held liable.
  • Engineers: Similar to the above, an engineer may be at fault if their failure to adhere to safety regulations caused or contributed to an accident.

To make matters more complicated, multiple parties may be at fault. In fact, this is common on construction sites—for instance, a contractor who failed to inspect machinery that malfunctioned may share liability with the machine’s manufacturer. Due to the complex nature of construction liability, it helps to have a competent and experienced lawyer by your side.

How Percy Law Group Can Help

Enlisting the help of a construction accident lawyer can make all the difference between your workers’ compensation claim being approved or denied. It also greatly increases your chances of receiving the maximum compensation possible—without a lawyer, your employers and their insurance companies will fight as hard as they can to discredit your claim. A lawyer can help you collect evidence from witnesses and experts in order to determine exactly how your accident occurred, so you can rest assured that all the responsible parties will be held accountable.

Injured at a construction site? Our Massachusetts construction accident attorneys can help. Contact us today to schedule your free consultation.