Brien Roche frequently handles construction accidents involving significant personal injuries. Having a lawyer who is experienced in handling construction accidents is critical.
Owners, custodians and contractors of construction sites have an obligation to keep the work site safe. If there is an accident, in some cases a worker will be able to bring a claim against the owner, the general contractor or subcontractor in addition to a workers compensation claim. It is important to consult a law firm with expertise in this area of the law to ensure that your rights are fully protected.
Fairfax area Construction workers are in an occupation where the potential for severe and violent accidents is common. Some of the most catastrophic forms of injury and death occur as a result of falls from roofs, crane and heavy equipment accidents, scaffolding collapses, structural cave-ins, electrocution, fires and explosions, compressed and natural gas explosions and welding accidents.
In order to receive compensation for injuries beyond what workers compensation affords an injured worker, negligence must be found in a third-party – which is usually the owner of the premises where the injury occurred, the manufacturer of construction equipment that contributed to the injury or the general or subcontractors. By working closely with a knowledgeable attorney, federal and state regulations governing the safety of construction sites and the duties incumbent on property owners and contractors to provide an environment designed to prevent injury, can be fully explored.
The governmental agency that is charged with investigating construction accidents is known as OSHA. As a general rule, the OSHA investigative report of a construction accident can be obtained under the Freedom of Information Act. These investigative reports are important because not only may they disclose the details of the accident but they may also disclose who is in fact in control of the construction site. That control may be governed by the contracts between the companies working on the site or it may be governed by other manuals or agreements that are in place in regards to the construction site. The issue of control becomes critical because that may well govern who can be sued in regards to the injury in question.
Another factor to be considered in looking at a contruction accident claim is whether or not there may be some basis for a product liability claim. For instance, if the worker was injured as a result of a defective hand tool then that may be the basis for a product liability claim against the manufacturer of the tool.
Finally, these cases must be looked at from a premises liability point of view. If the client is a deliveryman who is injured on the premises of a third party due to some defective condition then the owner/manager of those premises may be liable
I have extensive experience in construction site accident injuries of all types in the Fairfax, Virginia area. If you have a question about a construction site accident, please contact us for assistance and advice.
See construction accident cases for more information.