Construction accidents are common occurrences, but when one takes place, it can trigger a set of complicated responses. “Many issues come into play when a construction accident takes place,” says William J. Garces, an experienced construction accident lawyer in Newark. “OSHA regulations govern workplace safety, and it is up to a general contractor or a sub-contractor to make sure that those regulations are enforced.
In many instances, if it can be shown that an OSHA regulation was violated, nothing more needs to be done to prove liability. ”While OSHA regulations provide a uniform standard of safety, many contractors, sub-contractors and property owners will also have their own set of safety standards in place as well. When these standards are violated, they may support or refute the claim if a construction accident claim is filed. “Further complicating matters is that there are always many parties involved in a construction project of any size.
The larger the project, the more parties that are generally involved. Larger projects also lead to more delegation of tasks, which can also lead to delegation of legal responsibility,” adds Garces. Depending on how much control a land owner gives to a contractor, the land owner may or may not be held ultimately responsible for site accidents. Some of this will depend on existing conditions versus conditions created by workers once they arrive on site. General contractors and sub-contractors must provide a safe working environment for their employees, including hiring employees who are competent to perform the tasks at hand.
Architects and engineers must design a project with safety in mind and thus, they also share a portion of worker safety as well. They are responsible for making sure the project is built as specified, meeting all code and construction standards. It’s easy to see that determining responsibility in a construction accident can be a complex matter, one that is best served by hiring an experienced construction accident lawyer immediately following an accident to represent your interests.
Garces, Grabler & LeBrocq is a full service New Jersey law firm with offices in Elizabeth, Freehold, Hackensack, Newark, New Brunswick, Perth Amboy, Plainfield and Trenton.