What’s the law

When injuries occur on the construction site, the law applicable is complex. In general, employers have a
duty to secure workers’ compensation for their employees. The duty extends to employees of their subcontractors.
Workers’ compensation benefits are fixed by statute. They are often inadequate in view of the severity of the
injuries. If a party other than the general contractor is at fault for the accident, then workers’ compensation
may not apply, and the party at fault may be liable for the full amount of damages. An example would be the
negligence of another subcontractor. An electrical subcontractor, for example, may be liable to a plumbing
subcontractor for negligently failing to protect against electrical wires. Other parties who may be liable to
the injured workers include the property owner, manufacturers of equipment that might be at fault, and
utilities, outside suppliers, or other entities that have contributed to the mishap.

The laws of construction liability borrow from other fields. In general the owner of the premises upon which
the construction occurs may be liable under the laws of premises liability. A person injured by a construction
machine might look to the manufacturer of the machine for compensation, under the doctrine of products
liability. A worker injured would look first to the law of workers compensation.