Working
at a construction site is one of the most
dangerous jobs in the country. Construction
accidents injure or kill thousands of
workers every year. These accidents occur
when the safety engineers and safety programs
that the construction companies are obligated
to oversee are either negligent or absent.
No matter what the cause or nature of
the injury, the worker is entitled to
some kind of compensation.
When a construction worker is injured
on the job, he or she cannot, in most
instances, sue the employer for work related
injuries. A third party, however, can
be shown to be liable for negligence when
an injury occurs on the job site, but
even if the worker is injured due to his
or her own carelessness, there is compensation
available in most states through the Workers
Compensation Act. Benefits such as weekly
payments and medical expenses are awarded
to an injured worker, but often these
are not enough to cover the pain and suffering
associated with an on-the-job injury.
Weekly payments are based on a percentage
of worker's weekly earnings and on the
severity of the disability, whether it
is a temporary total disability or a permanent
partial disability. The medical expenses
cover only those treatments deemed necessary
and related to the specific work injury.
Certain circumstances can place blame
for injuries that occur on the job site
on a third party. The owners, architects,
contractors and equipment manufacturers
can all be liable for insufficient safety
measures when an accident occurs. The
general contractor and all subcontractors
are responsible for providing the appropriate
safety provisions to ensure the construction
site is reasonable safe. It is their obligation
to warn of possible hazards on the site,
to hire employees who will use caution
while working, to coordinate job safety
and to check that the safety specifications
are being followed.
Manufacturers of construction equipment
are responsible for designing and maintaining
safe products. Defective or dangerous
products may be at fault in a construction
accident. With all of the equipment used
on a construction site, the chance for
injury is great, but if the proper safety
measures are not employed in the making
of this equipment, the chance of an injury
or a death occurring increase greatly.
The manufacturers on this equipment can
be found liable when an accident occurs
due to one of their products. Equipment
used on a construction site include the
following: scaffolding, cranes, power
tools, derricks, hoists, conveyors, woodworking
tools, ladders, winches, trucks, graters,
scrapers, tractors, bulldozers, forklifts,
back hoes, heavy equipment, boilers, pressure
vessels, gas detectors and other types
of construction equipment. |