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How To Know If Your Boss Or A Subcontractor Is Liable In Construction Accidents

By December 4, 2018May 26th, 2022No Comments

When it comes to construction accidents, determining liability can get rather complicated. A single construction site has an overwhelming number of moving parts, from the general contractor team to the subcontractor team, and various other parties responsible for the equipment and materials mixed in there.

If you’re injured in a construction accident, you will need to know who is liable in case you pursue a lawsuit. By knowing the basics of liability and by working with the construction accident attorney Redding CA trusts, your case will be handled with care and expertise.

The Responsibilities Of Your Employer

While only 4% to 5% of personal injury cases in the United States go to trial and the rest are settled out of court, you should know if you need to pursue charges against your boss for proper compensation. According to OSHA regulations, employers have an obligation to provide a workplace that is free of hazards, ensure that employees are equipped with safe tools and equipment and that there is a comprehensive hazard communication program in place.

To protect workers in case of construction accidents, construction employers must ensure that they are wearing proper safety glasses, face shields, and helmets whenever needed. Typically, the general contractor is responsible for all of these safety precautions at a construction site.

Is A Subcontractor Ever Responsible?

When a construction project begins, the contractor and subcontractor will typically write up a contract that details who is responsible in the event of any construction accidents. Even with a pre-determined subcontract, there are two key areas that can determine who is liable.

The first refers to the degree of control over the site where the incident took place. The second is the degree of injury that the victim sustained. If the answers to these two issues point to liability on the fault of the subcontractor, you could pursue compensation through them by bringing the case to experienced attorneys.

If you can prove through the contracts and parameters of the incident that the subcontractor is not liable, you can attempt to seek workers compensation through your employer. If the proof does point towards the liability falling under the subcontractor, you may be able to pursue a third-party lawsuit against the subcontractor with the assistance of the best construction accident attorney Redding CA has to offer.

Contact Reiner, Slaughter, McCartney & Frankel, LLP today if you believe that you or a loved one deserve compensation from a construction accident.