Construction Site Injuries, A Multi-Legal Approach
Construction site injuries occur with regularity and predictable levels of morbidity. Both the federal government via the Department of Labor's Occupational Safety and Health Agency and the State of Connecticut( Conn-Osha) track and release the grim statistics. In fact compilations are periodically released detailing how many construction workers die,suffer amputation, major back and extremity injuries etc. Beyond that the manner in which these unfortunate workers become injured are detailed in statistical format. It is striking that from year to year one can see the patterns repeat themselves. For example, X number of workers will fall from roofs, scaffolds and ladders and X numbers will sustain machine related injuries or have objects fall upon them. In Connecticut, as in many other jurisdictions,both workers compensation claims and general contractor negligence claims may be appropriate and necessary to initiate in order to enable an adequate financial recovery. The individual's employer is generally immune from tort liability absent extenuating circumstances but those entities in Control of the worksite or whom have a right to control the methods or manner of work may be held directly responsible to the injured worker.
The determination of which contractors might be liable and whether the circumstances of the worker's injury suggest negligence on their part requires a thorough and sometimes complicated factual investigation and analysis. My Firm regularly evaluates such matters and has successfuly litigated these cases in Connecticut Courts obtaining a significant financial recoveries in varied circumstances. Recent Appellate law has created additional challenges in the determination of whether the prime or general contractor may be held legally liable. From a public policy standpoint holding those entities which gain the benefit of the sub contracted labor makes a lot of sense since the direct employers of the individuals harmed may not have sufficient financial incentive to take the necessary steps to protect their own workers given the immunity which they are shielded with and the financial pressures of their industry.
