Who Is Legally Liable After a Construction Accident in West Virginia?
Construction sites are inherently dangerous environments, with numerous hazards that can lead to serious accidents. That doesn’t mean, however, that some party isn’t liable to a construction worker who gets injured on-site. In West Virginia, multiple parties may be held liable for construction accidents, depending on the circumstances surrounding the incident. When an accident occurs, determining liability is crucial for ensuring that injured workers receive the compensation they deserve. At Burke, Schultz, Harman & Jenkinson, we are committed to helping victims of construction accidents get the compensation they need and deserve. Read on as we discuss who may be legally liable after a construction accident in West Virginia, and call our office to speak with a skilled and dedicated Martinsburg construction accident lawyer if you or a loved one has been hurt in a West Virginia construction accident.
Employer Liability
Employers are typically the first point of contact when it comes to liability in construction accidents. Under West Virginia law, employers are required to provide a safe working environment and adhere to safety regulations established by the Occupational Safety and Health Administration (OSHA). If an employer fails to meet these obligations and a worker is injured as a result, the employer may be held liable. This can include situations where:
- Proper safety equipment was not provided
- Training was inadequate or nonexistent
- Safety protocols were not enforced
However, in most cases, employees cannot sue their employers directly due to the exclusive remedy provision of workers’ compensation laws. Instead, they must file a workers’ compensation claim to receive benefits for their injuries. Exceptions include workers who fall outside of workers’ comp coverage and injuries resulting from an employer’s intentional acts.
Third-Party Liability
While workers’ compensation prevents employees from suing their employers, it does not shield third parties from liability. Third-party liability can arise from various sources on a construction site, including:
Subcontractors
Subcontractors are often hired to perform specific tasks on a construction site. If a subcontractor’s negligence leads to an accident, they can be held liable. For instance, if a subcontractor fails to properly secure scaffolding or machinery and a worker is injured as a result, the injured party may pursue a personal injury claim against the subcontractor.
Property Owners
Property owners have a duty to ensure that their premises are safe for workers. If a property owner is aware of hazardous conditions and fails to address them, they may be held liable for any resulting injuries. This can include issues like unsafe walkways, electrical hazards, or structural defects. An exception would exist for hazards that serve as the reason the construction worker is present in the first place, i.e., renovations or repairs.
Equipment Manufacturers
Defective or malfunctioning equipment is a common cause of construction accidents. When an accident is caused by faulty machinery, tools, or safety equipment, the manufacturer of the defective product may be held liable under product liability laws. Injured workers can file a claim against the manufacturer if they can prove that the defect directly caused their injuries.
General Contractors
General contractors are responsible for overseeing the entire construction project and ensuring that all safety standards are met. If a general contractor fails to enforce safety regulations or address known hazards, they may be held liable for accidents that occur on the site. This includes ensuring that all subcontractors follow safety protocols and that the work environment is safe for everyone involved.
Determining Liability: A Complex Process
Determining liability in construction accidents can be a complex process that requires thorough investigation and legal expertise. Factors that need to be considered include:
- The specific circumstances of the accident
- The roles and responsibilities of each party involved
- Compliance with safety regulations and standards
- The presence of any defective equipment or materials
An experienced personal injury attorney can help navigate these complexities, gather evidence, and build a strong case to ensure that injured workers receive the compensation they deserve.
Why You Need an Experienced Personal Injury Attorney
Construction accident claims often involve multiple parties and complex legal issues. At Burke, Schultz, Harman & Jenkinson, our experienced personal injury attorneys understand the intricacies of construction accident cases and are dedicated to advocating for the rights of injured workers. We work tirelessly to identify all liable parties and pursue maximum compensation for our clients.
If you or a loved one has been injured in a construction accident in West Virginia, contact us today by calling 304-263-0900 or 800-903-0901 for a free consultation. We are here to provide the legal support you need during this challenging time and help you secure the justice you deserve.
