04 Jun HOW TO PROVE NEGLIGENCE IN A CONSTRUCTION INJURY ACCIDENT
Posted By Gruenberg Kelly Della || 4-Jun-2019
Construction sites are some of the most dangerous places to work. Working with heavy machinery, on high surfaces, around chemicals, and with complex equipment are just some of the risks a construction site presents to employees.
When a construction worker is injured on the job, they may be entitled to compensation for their medical bills and lost wages. Recovering those benefits requires building a case that proves the negligence of another party.
Who is at Fault for Construction Accidents?
The variety of hazards that are present on a construction site mean many different parties can be considered at fault for accidents. The oversight of the employer is often to blame, but other employees, product manufacturers, and property owners can also be responsible when a worker is hurt on the job.
Contributory Negligence vs. Comparative Negligence
Each state has its own laws regarding negligence, but the laws typically fit into one of two categories: Contributory negligence laws and comparative negligence laws.
Contributory negligence laws state that any percentage of fault in an accident eliminates that party’s right to earn compensation. Only Maryland, Virginia, North Carolina, Alabama, and Washington, D.C. follow contributory rules of negligence.
States with comparative negligence laws reduce compensation depending on each party’s level of fault in an accident. Unlike contributory negligence states, any fault does not automatically disqualify someone from being compensated for their injuries; however, the party that is considered more negligent in the situation could be denied benefits if their state follows modified comparative negligence principles. New York is a pure comparative negligence state, so compensation will be reduced according to each individual’s percentage of fault — negligence of the other party must be proven to receive maximum compensation.
Proving Fault for a Construction Injury
The evidence that is needed to prove fault in a construction accident will depend on how the injury occurred. If the accident was caused by faulty equipment, receipts, maintenance records, and proof of training can help establish a case. In cases of unsafe workplace conditions, investigators may look into the role of site inspectors, staff, and the owner of the property.
Our experienced attorneys can help you build your case following a construction accident. It may be difficult not only to prove negligence, but also to identify who is actually at fault for your injuries without in-depth investigation. Our team can evaluate the elements of your situation, recover the evidence you need, and secure the compensation you deserve.
Schedule a free consultation by calling (888) 305-6372 or by completing our contact form.