Construction sites are generally dangerous places to work simply because of the nature of the job. Even so, employers and contractors have a responsibility to keep working conditions as safe as possible to avoid accidents and injuries. If you were hurt because of unsafe conditions on a construction site, an attorney can help you get fair compensation.
Proving unsafe conditions on a construction site often requires establishing what is considered safe conditions. We may do this by proving minimum safety standards. After that, we must show how the conditions on the site failed to meet minimum safety standards. What this looks like will vary based on the nature of the work being performed, as different work involves different standards of safety.
Get a free initial legal evaluation from our Arkansas construction work injury lawyers by calling our team at (479) 316-0438.
Proving Unsafe Conditions in an Arkansas Construction Injury Case
When proving that unsafe conditions on a construction site caused an accident, we need to establish what the condition of the site looked like and what minimum safety standards were required.
Minimum Safety Standards
To prove that the working conditions on your site were unsafe, we first have to establish what safe conditions would look like. We may do this by proving minimum safety standards.
These minimum standards vary based on the nature of the construction work being performed. What is considered safe for roofing work may be very different from what is safe for electrical work.
OSHA Standards
A good place to start is with the federal Occupational Safety and Health Administration (OSHA). This federal agency maintains various safety rules and standards across numerous industries, including construction.
Witness Testimony
Next, our Arkansas construction work injury lawyers must establish the condition of the construction site at the time of the accident. After an accident, construction sites are often cleaned up and dangerous conditions are removed to ensure the safety of all other workers. Even though the dangerous conditions may be gone, we can rely on witness testimony to recreate the scene.
Security Camera Footage
Another great source of evidence is security camera footage. Many construction sites, especially big ones or those on commercial property, are monitored by security cameras. These cameras likely recorded the accident as it happened. If we can get copies of the videos, we may see exactly why the site was so unsafe and how the accident unfolded.
OSHA Reports
As mentioned before, we may be able to establish minimum safety standards by reviewing the rules, requirements, and regulations imposed by OSHA. If violations have occurred on this construction site in the past, an investigation may have been conducted. When OSHA investigates unsafe working conditions, there is usually a report on the findings.
On top of that, we may submit our concerns about your accident to OSHA, and someone may be sent to inspect the site now. Any OSHA reports about unsafe conditions may be crucial to your case.
Who is At Fault for Injuries Caused by Unsafe Conditions on a Construction Site?
Once we establish that unsafe conditions existed on the construction site at the time of the accident, we must establish who is responsible. Keep in mind that there is no need to prove fault if you file for Workers’ Compensation; your employer pays regardless of fault.
Contractors
Often, general contractors are responsible for unsafe conditions. General contractors are the primary managers who oversee construction projects. They are often responsible for hiring other workers, including subcontractors, and obtaining the necessary permits to begin work. They are also responsible for making sure the site meets minimum safety standards.
Subcontractors
In some cases, a subcontractor may be responsible for creating an unsafe work environment. Subcontractors perform more specialized work and may be tasked with making sure the work they do is safe.
For example, an electrician may be responsible for reporting unsafe conditions, such as exposed wiring, to the general contractor. If they do not, they might be at least partially responsible.
Property Owners
The property owners are often not responsible because they usually step back from the project once general contractors are hired. However, if the unsafe conditions on the premises are inherent to the property itself, and the property owners failed to inform anyone of these conditions, they may be held responsible.
How Unsafe Work Conditions Affect Workers’ Compensation for a Construction Accident
One crucial thing to understand about work-related accidents is that many injured victims will be eligible for Workers’ Compensation. In fact, Workers’ Compensation is usually the sole legal remedy for injured employees against their employer for work-related accidents.
Proving Fault
Workers’ Compensation is paid for by insurance maintained by employers. It generally covers reasonably necessary medical expenses, but only a portion of lost wages. Non-economic damages, such as pain and suffering, are not covered. However, the nice thing about Workers’ Compensation is that you do not have to prove fault.
Whether your employer, a coworker, or even you are at fault is not important in a Workers’ Compensation claim.
Lawsuit Options
Workers’ Compensation is the sole legal remedy available. This means that employees are not permitted to sue their employers for work-related accidents. However, you may sue third parties you believe share fault for the unsafe conditions.
When suing a third party, you will have to prove how they are at fault for the unsafe conditions that caused your accident.
FAQs About Fault for Unsafe Conditions in Arkansas Construction Accident Cases
What Are Unsafe Conditions on a Construction Site?
Unsafe conditions may include anything that fails to meet minimum safety standards. Common examples include faulty or broken power tools, inadequate safety gear, missing guardrails, exposed wiring, and unsecured scaffolding.
Who is Responsible for Unsafe Conditions on a Construction Site?
A general contractor may be largely responsible, as they are typically tasked with overseeing site safety and ensuring the construction project moves forward smoothly. However, others may also bear responsibility, including subcontractors, property owners, and even third parties, such as trespassers, who cause damage to the site.
Do You Need to Prove Responsibility for Unsafe Conditions in a Construction Accident Case?
If you file a lawsuit, you must prove responsibility for unsafe conditions. However, if you file a Workers’ Compensation claim, which may be the sole legal remedy available to you, you do not need to prove fault.
Can You Sue for Unsafe Work Conditions on a Construction Site?
Yes. You may sue, but an injured employee may not sue their employer for a work-related accident. Instead, they may sue third parties, such as a trespasser or the manufacturer of faulty equipment.
Get Help Today from Our Arkansas Construction Work Injury Lawyers
Get a free initial legal evaluation from our Arkansas construction work injury lawyers by calling our team at (479) 316-0438.