Dallas Injury Law Firm - Who Pays Damages In Construction Accidents?
Heavy equipment, physical stress, and high-risk work environments have made the construction industry one of the most accident-prone in the U.S
. But determining who is at faultand more importantly, who pays for the damages being claimedis often a difficult task. While basic causes like faulty equipment can easily turn up, other causes such as worker attitude and training quality often enter the picture, thus complicating the case. This article discusses some common sources of compensation and what they can do for victims.The prime contractor
According to the Occupational Safety and Health Administration (OSHA), the prime contractorthe organization that directs the operationis responsible for a workers safety. This is because they coordinate all the work, monitor workers on the job, and usually provide the equipment for employees and subcontractors, giving them the biggest influence on workers safety.
The subcontractor
Subcontractors also take on responsibility for workers safety and have to comply with relevant OSHA rules. However, since both prime and subcontractors are governed by the OSHA, liability in construction accidents is usually shared between the two. This rule often turns up when one company hires another to work on part of a larger project. If a prime contractor working on a house assigns a subcontractor for one room, both contractors are responsible for injuries that occur during the construction of that room.
Workers compensation
Medical bills and lost wages are always covered by workers compensation. Workers compensation follows strict liability: if state or federal safety standards were violated in the accident, the employer will pay regardless of whose fault it was. It must be noted, however, that group health insurance doesnt usually cover work-related injuries. Also, while workers compensation covers all the medical expenses, group insurance only offers partial payment or sometimes none at all.
Workers compensation does not stop the victim from filing claims against other parties involved in the accident, as long as one proves that they contributed to the accident. For example, if faulty equipment played a role in the accident, the victim can file personal injury claims against the manufacturer of the defective gear
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