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Who can be held liable for a construction accident injury is something that we get asked quite frequently as attorneys.
The first and most important thing to understand as a construction worker injured on a job site is that you cannot sue your employer or your co-employees. These are all covered by something called workers’ compensation.
If you’ve been injured, and you believe it’s your employer’s fault or a co-employee’s fault, your only remedy is likely going to be through an administrative process called a workers’ compensation claim and not through a civil liability tort claim.
However, there are still some possibilities where another person or entity can be responsible or held liable for causing an accident or injury on a job site. For example, there may be other contractors working on the job site who contributed to that injury, and if that’s the case, then there may be a claim against other contractors.
Also, there may have been a general contract or construction manager on the job site, and they may have ultimate control or authority or responsibility for safety on the job site. Sometimes, that can be determined through contract language.
So, there may be other entities or other companies that do have some responsibility or liability for what happened in a construction injury case. That’s why it’s important to talk to an attorney if you’ve been injured on a job site to try to work through the different types of remedies available.
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