Construction Site
Not every injury that occurs on a jobsite or construction site is solely the fault of the injured worker or necessarily covered by workers’ comp. There are near daily instances of Atlanta construction site workers being injured in situations that justify second-party claims – or at the very least, they pursue one.
This can put construction companies, property owners and other contractors or subcontractors on the job in a bind. Do you rely solely on your own insurance provider to defend you, or do you seek counsel elsewhere? If you’re facing this type of construction site situation and are looking for answers, Atlanta insurance defense lawyer Cameron Hawkins is here to help.
Our law firm has extensive experience working with insurance companies and private businesses to defend the interests of policyholders and business owners facing construction site civil litigation.
Construction Company
The company directly responsible for the construction project is often the first entity considered liable for construction site injuries. Construction businesses have a duty to maintain a safe construction site, provide safety equipment to employees and ensure all safety regulations are followed on the construction site. This usually extends to contractors and subcontractors working on the construction site.
Property Owners
The owners of the property on which the construction is occurring can also be held responsible for injuries if they failed to disclose potential hazards, maintain a safe environment or if they exercised control over the construction site or work.
Liability can become complicated in these scenarios, and different defendants may attempt to show another defendant was primarily or solely responsible for what happened on the construction site.
Contractors and Subcontractors
Contractors and subcontractors have a duty to ensure the safety of their employees and others who may be affected by their work. They could be held liable for any construction site injury caused by their negligence.
Architects and Engineers
Architects and engineers may also face liability if an injury is caused by a design flaw or failure to follow the design specifications or safety regulations.
Equipment Manufacturers
If a construction site injury was caused by defective equipment, the equipment manufacturer could be held responsible.
Legal Expertise
Construction site liability can be complex. Litigant offices benefit from legal representatives who understands the intricacy of these regulations and standards, especially as they pertain to safety and employer/property owner responsibilities.
Insurance companies often excel at identifying appropriate local defense counsel who understand the legal landscape, municipal rules, courts and judges in their jurisdiction. However, there are occasionally situations where a policyholder doesn’t feel entirely confident in the insurance company’s defense team.
Consulting with an independent Atlanta lawyer who has experience in construction site law may put your mind at ease and give you confidence that someone is looking out for your best interests.
Protecting Business Interests
An independent lawyer is entirely dedicated to protecting their client’s interests. Although there are many cases in which the insurance company and the policyholder are aligned in their goals, there are certainly scenarios in which those interests diverge.
An example would be a case in which the insurance company wants to settle against your wishes. Having your own defense attorney can be valuable in pursuing a strategy that puts your goals and preferences first.
Although the insurance company is often an ally, their overriding goal is to protect their own bottom line – and that doesn’t always mean doing what the policyholder wants.
Exerting Control Over Legal Decisions
Hiring an independent lawyer provides the business owner with more control over their defense and the legal decisions that will be made.
Business owners are frequently concerned – understandably so – about being cut out of their own defense. Lines of communication may be far more open between you and a defense lawyer you hire. They will be working for you, not the insurance company.
Confidentiality
Communications with an independent lawyer can be protected by attorney-client privilege. This could provide a more secure environment for discussing strategy and other details of the case.
The decision to hire an independent lawyer should be based on the specific circumstances of the case, including its complexity, the potential financial implications and the degree to which the interests of the business and the insurance company align.
If you’re looking for defense assistance in any construction site liability or civil injury case, the team at the Law Office of Cameron Hawkins is here for you. Call us at 678-921-4225 for a construction site consultation.
If a construction worker files a personal injury claim against your company, your first step should be to consult with a qualified attorney experienced in construction site injury liability defense. Provide your attorney with all relevant details and documentation regarding the incident, such as accident reports, witness statements, safety records and any information related to the worker's injuries.
Your attorney will help you assess the validity of the claim, develop a solid defense strategy, and guide you through the legal process. Acting promptly, consulting with your insurer and securing legal representation is crucial to protect your company's interests.
It depends on who employed the construction worker and who was responsible for the injury. Construction workers typically can’t sue their employer for workplace injuries incurred while they were fulfilling their job duties. Instead, they must file a claim through the workers’ comp process.
However, injured construction can file third-party injury claims against the at-fault party if their injury was caused by something other than their job duties. For example, if they suffered injuries due to a fall on a job site due to dangerous conditions on the property. In that case, the worker could potentially file a third-party claim against the property owner.
Third-party claims can become complicated, especially if there are disagreements over who was at-fault. As each case is unique, it’s important to consult with an attorney experienced in construction injury liability to navigate such complex legal matters.
Although construction companies do have some liability protection thanks to workers’ comp laws and insurance, they could still face lawsuits or liability claims from workers employed by other contractors or companies that may be working on their job sites. In addition to liability protection, it also makes operational sense to maintain a safe workplace that won’t be disrupted by preventable injuries.
Compliance: Ensure strict adherence to all safety regulations, standards and codes relevant to your industry.
Yes, the only common scenarios in which construction workers can file an injury claim are situations in which their injuries are caused by a third party. Otherwise, construction workers who suffer injuries on the job must file a workers’ comp claim.
If a subcontractor or third party's actions or negligence contributed to an accident, they may share in the liability. This also applies to equipment manufacturers. If a defective generator causes an electrocution injury on a job site, the injured worker might be able to pursue both a workers’ comp claim and a third-party injury claim against the manufacturer, retailer or distributor of the defective generator.
It's essential to have well-drafted contracts and clear communication among all parties involved to establish accountability and reduce the risk of accidents and potential liability.
In the construction industry, where accidents are not uncommon, workers' compensation ensures that injured employees receive medical care and wage replacement benefits, regardless of fault. These laws also protect employers from potentially catastrophic personal injury lawsuits stemming from unforeseeable or unavoidable work site injuries.
For example, a worker who must swing a sledgehammer all day to break up concrete could very likely suffer repetitive motion injuries. This injury might not be due to any negligence on the part of the employer. In another scenario, a worker could miss the step on a ladder and fall from scaffolding. The ladder and scaffolding may have been set up correctly, and the injury might in fact be the worker’s fault. In either scenario, the worker would be covered by workers’ comp and likely won’t be able to sue their employer.
Yes, insurance can provide crucial protection for property owners and businesses who hire construction companies, and the construction companies themselves.
Construction projects inherently involve risks, and accidents can happen despite stringent safety measures. Here's how insurance can be beneficial:
While insurance can protect your company from many liability claims, it's essential to select the right policies and maintain appropriate coverage levels. Engaging with an experienced insurance provider and legal counsel can help you navigate the complexities of construction-related liability claims.
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