Construction workers will always assume some level of risk due to the nature of their work. Heavy machinery, power tools, and working at extreme heights all carry dangers—and in most cases, an employer will not be liable when these factors cause injury. However, if your employer did not take necessary precautions to prevent an accident from occurring, he may be responsible for some of all of your injury costs.

Negligence Makes Your Employer Liable for a Construction Accident

Employers have a duty to take reasonable measures to protect their employees from harm. While a construction site can never be made completely safe, an employer must do everything in his power to prevent likely injuries. For instance, cutting tools always carry a danger of amputation, but the risk increases if safety guards are removed and employees are not properly trained on using the machines.

If your employer did not do everything possible to prevent injury, he may be guilty of negligence. You and your attorney will have to show very clearly how the negligence led to your injury in order to win compensation. In most cases, a three-part process is used to prove that:

  • The site was unsafe. Your attorney must prove that the construction site did not have an accepted level of safety (in other words, it lacked precautions taken by other reasonable companies).
  • The safety breach was the fault of the company. You must prove that the company’s actions (or inaction) directly caused the conditions that led to the accident.
  • The safety breach directly caused your injury. In some cases, merely providing evidence of medical bills or lost wages will not be enough to link the injury to the accident. If an employee fell and was injured on the site, he must prove that the fall was a result of an unsafe workplace in order to win his negligence claim.

We can help you gather the necessary evidence to build a negligence claim against your employer. Fill out the quick contact form on this page to have us get to work investigating your case.

Manfred Ricciardelli
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Morristown Workers' Compensation Lawyer