Skip to Content
Free Consultations 888-918-9890

Determining Fault in a Construction Accident


From scaffolding falls to electrocution, the construction industry experiences a high volume of injuries each year due the dangers related to this field of work. Our New York City personal injury attorneys understand how difficult it can be to determine the right legal action to take if you are injured in a construction accident. In order to properly file a workers’ compensation claim or personal injury claim, we must identify who is at fault or liable for your injuries.

Individuals or companies which may be liable for a construction injury or death include the following:

  • Construction site owner. Their responsibility is based on the manner in which the accident transpired and the kind of job being conducted at the time of the incident. Despite not being directly involved in the accident, a construction site owner is typically found to be at fault in most cases, such as fall from great heights.
  • General contractor. The general contractor is required to ensure that the construction site conditions are safe, as well as hire competent workers. Additionally, they are obligated to inform workers of any potential hazards or existing dangers on the site.
  • Subcontractor. Typically they have the same legal responsibilities as a general contractor, such as providing a safe work environment, hire competent workers, and make sure employees obey the safety regulations. However, they are mainly accountable and in charge of a specific area of the construction site.
  • Equipment or machinery manufacturer. Because some accidents are caused by defective machinery or inadequate safety warnings, the manufacturer can be responsible for damages and harm from their equipment, since the injury resulted from the product itself.
  • Architects, designers, and engineers. They’re liable for whatever is stated on their contract with the construction site owner. Designers must ensure that the building is constructed correctly based on the plans and code regulations through routine inspections. Architects and engineers must perform their duties and services in accordance to specific standards. Any failure to fulfill their duties that results in an injury can mean that they are at fault.
  • Insurance company. According to state laws, construction site owners must provide several types of insurance to their workers. If a worker is injured on-site and wants to recover compensation, it’s imperative to have a lawyer on your side to carefully examine the insurance policies.

If you have been injured in a construction accident, contact Belushin Law Firm, P.C. and request a free case evaluation today.

Share To: