Employees working on a construction site are exposed to many risks for work-related injuries.
These risks are due to the presence of heavy machinery, tools and gear, and working at heights or underground. Despite the presence of these risks, the employer has the responsibility to ensure their employees remain relatively protected and employee safety should be the foremost concern of the employer.
In addition to workers’ compensation benefits, an injured employee may need to file a claim for additional damages from a third-party. Employees working on a construction site often work with other vendors and subcontractors. In addition, some people who are not present at the construction site may also contribute to injuries sustained while working, such as suppliers, engineers, and architects. Negligence on the part of these individuals resulting in injuries may be held liable for damages. The following conditions must be met to prove the liability of a third-party.
- An individual or group was responsible for acting carefully and responsibly in respect to the injured employee.
- The person or group did not perform the task properly or they were careless.
- This carelessness resulted in the injury of the employee.
Negligence on a Construction Site
Several situations on a construction site may be the result of the negligent action of an individual or group. For example:
- Falling from a platform that was not set up properly.
- Carelessly driving a truck that results in a mishap.
- Faulty safety equipment, such as a safety belt.
- Faulty equipment resulting in electric shocks.
- Defective equipment or wrong decisions resulting in the leak or spillage of deadly or harmful chemicals.
- Collapse of ditches due to poorly-constructed ditch walls.
Product Liability Lawsuits
There are cases when defective machinery has caused injury to an employee. The civil lawsuit that the employee may file in these situations is a product liability lawsuit. Product liability lawsuits follow the same process as other civil lawsuits but the factors that are proven in court are different to some extent. The injured employee should prove the following factors:
- The injury resulted from the use of machinery or tools that were inordinately unsafe when it was delivered by the company or dealer.
- The machinery or tools were used properly by the injured employee.
- The injury resulted from defective machinery or tools.
Kansas City Construction Injuries
If you have sustained work-related injuries and need help recovering compensation, consult an experienced Missouri workers’ compensation attorney. Call The Law Office of James M. Hoffmann at (816) 399-3706 for a free consultation.