Who Can Be Held Liable In A Construction Accident Claim?
In construction cases, we usually look at the actions and inactions of the injured person’s coworkers and that includes the other subcontractors on the job site and the general contractor itself. The general contractor has a duty to provide a safe place for all workers to do their jobs. That duty can’t be delegated away nor can it be contracted away. This duty arises out of the general contractor’s ability to control activities on the job site. Now, the injured worker him or herself may have negligently caused his own injuries. If that is the case, there is no viable third-party claim. The injured party is left with his worker’s compensation claim because that claim survives regardless of the fault of the injured worker. The only prerequisite in that situation is that the worker was injured during the course and scope of his employment.
What Is The Process of Filing A Construction Accident Claim?
Filing a construction accident claim is much like filing any other tort claim. The business entities are identified, their insurance companies are put on notice of the pending claim, and the Department of Labor & Industries is notified of our involvement as well. At that point, the claim is documented and prepared like we would do with any other third-party situation.
Should People Be Scared To Go Up In Front Of Big Companies?
People should absolutely not be scared to go up in front of big companies. The courthouses of our country are open to everyone regardless of whether you are rich or poor. The only real difference is which door do you use. The big companies, the Amazons, the Microsoft or Googles of the world use the door marked “Pay by the hour for legal services”. Injured people, on the other hand, like all the rest of us, use the door marked “Pay via a Contingent Fee”; that kind of fee allows everyone access regardless of wealth.
Why Is It Important To Hire An Experienced Construction Accident Attorney?
The main reason it is important to hire an experienced construction accident attorney is because these cases are filled with potential traps for the unwary. Statutes of limitation can be missed. Parties crucial to the action can be omitted. In short, you are paying your attorney to preserve your rights in a way that perhaps wouldn’t occur to you.
Do Construction Accident Claims Take A Long Time To Get Resolved?
Construction accident claims always take longer to get resolved than one would like because serious cases always involve lengthy periods of medical treatment. The injured worker’s damages simply cannot be calculated until treatment has been completed. At that point, serious negotiations begin. The negotiation process is always a lengthy and drawn out affair. If the case can’t be settled through negotiations, a lawsuit must be filed. At that point, everyone is on the court’s time.
What Role Does OSHA Play In These Cases?
OSHA, which is an abbreviation for the Occupational Safety and Health Administration, establishes minimum safety standards, regulations and guidelines for virtually every situation encountered on a job site. This can cover things like proper equipment for a certain job, proper ways to do the job and perhaps the type of protection to provide workers with and so forth. Failure to meet these minimum safety standards can be evidence of negligence.
For more information on Liability In A Construction Accident Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (425) 451-8333 today.
© 2018 by William J. Carlson, Inc., P.S. All rights reserved.