Who's Liable for Your Construction Site Injury?

Having a serious injury as a result of accident in a construction site is one common cause of liability not just of the laborer who inflicted such, but also of those who are supervising the project therein. But sometimes, however, no one is willing to handle the responsibility of indemnifying the victim because the cost of indemnity is not just a little amount which an ordinary earner could count; it's expensive especially when the injury had led either to incapacity or death.

So, if you're the victim, who will you oblige to pay for the cost of your suffering? Precisely, the “law” is the only relief available for you. The court in your case will specifically determine who may be held liable for your injuries by examining the legal duties and responsibilities of the following persons involved in the project being constructed:

• Construction Site Owner – he may be held liable for the injuries incurred by the victim if (1) he has control over the premises where the project is being constructed or (2) the  harmful condition of the place or the cause of the injuries was not known to the victim. However, not in all cases that the site owner is responsible to indemnify the injured because if his authority over the site has already been given to the project contractor or whomsoever is vested such, then he's already free from any liability that may arise therefrom. 
• Contractors – it's the duty of the general or sub-contractors to ensure the safety of the place and inform the public about the hazard in the site. So when someone incurred an injury due to their negligence, then they really are liable in compensating the victim. But their negligence in not performing their duty should first be proven in court by the petitioner because the court would not automatically impose the penalty to the persons who haven't yet proven guilty. 
• Engineers and Architects – if the injury was caused by the failure of these individuals to meet the required standard in doing their work, then they may be held liable or obliged to indemnify the victim. Hence, at any stage of the project, the liability may still be imputed to them if the court determines that the fault can directly be contributed to their duty. 
• Manufacturers of Construction Equipment – when the defective equipment has been the caused of the injury, then its manufacturer may be ordered by the court to share in paying the compensation for the injuries of the victim. But, of course, such matter needs to be proven first because, often times, the rule followed is: “no fault, no liability.” 
• Insurers – in some instances, the injuries incurred in a construction accident is covered by the company insurance. In such a case, the court may assess the amount which may be charged to the insurance in paying the victim for the compensation that he fairly deserves. 

You cannot just, however, simply acquire what you're asking for without fighting your claim first in court. Thus, you need the help of a competent accident lawyer who can prove the negligence or fault of any of the aforementioned individuals.

However, if you're still not involved in a construction accident case, then better note of these following guides so you can bolster your possibility of winning your claim for indemnity:

• Report the accident and your injury to the construction site manager, and don't forget his position and name; 
• Take note of the names, address, and contact information of the witnesses; 
• Gather and compile evidences such as photographs so you'll have proof to support your claims in court. 

There's really nothing else worthy after getting injured in a construction site accident than fighting for the just compensation that you deserve to live your life anew!

About the Author

Atty. Emery Brett Ledger is the man behind The Law Offices of Ledger&Associates. He built the law firm under the main concept “trusting your attorney”. He believed that a good client-attorney relationship is the secret for a successful case.

Atty. Ledger with his Associates effectively represents clients who are victims of personal injury cases ranging from motor vehicle accidents, medical malpractice, wrongful death to work and employment concerns. You can find him in Twitter @Emerybledger and Facebook @EmeryBrettLedger.