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CONSTRUCTION SITE INJURIESThousands of construction workers are injured or killed in construction site accidents each year. Construction companies must inspect each site with safety engineers and provide safety programs, but unfortunately accidents still occur due to the inadequacy of these provisions.When a construction site accident occurs, the owners, architects, insurance
companies and manufacturers of equipment can be held responsible for
inadequate safety provisions. The general contractor and all subcontractors
are required to provide a reasonably safe site, to warn of hazards inherent
in the site and work, to hire careful employees, to coordinate job safety
and to supervise compliance with safety specifications. Manufacturers of construction equipment are responsible designing and maintaining safe products. Defective or dangerous products may include the following: scaffolding, cranes, power tools, derricks, hoists, conveyors, woodworking tools, ladders, winches, trucks, graters, scrapers, tractors, bulldozers, forklifts, back hoes, heavy equipment, boilers, pressure vessels, gas detectors and other types of construction equipment. It is often possible to find liable third parties in the event of an
accident or injury. Since most sites involve many subcontractors, it
is very common to locate several potential third party Defendants. The
lawyer may also consider claims against the general contractor, who
may be responsible for supervision and my be contractually responsible
for the injury. In more complex cases, the legal principles of Agency
and analysis of Corporate law may lead to sophisticated determinations
as to who is technically an "employee" and who the "third parties" are
in a given situation. Unfortunately Workers' Compensation alone may be insufficient compensation
especially in the case of very serious and catastrophic personal injuries.
As indicated above it is necessary to look for a negligent third party
such as the manufacturer of a dangerous or defective product, improper
safety devices or some other party who is at fault. These cases require
immediate attention and expertise because the responsible third party
may be difficult to locate and evidence (such as a piece of defective
machinery) needs to be preserved. NOTICE: Making a false or fraudulent workers' compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.
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