Construction work is inherently one of the most dangerous industries, with workers frequently exposed to a variety of hazards. Construction accidents can include falls from heights, injuries from heavy machinery, exposure to hazardous materials, or being struck by falling objects. The fast-paced, complex nature of construction sites often amplifies these risks.

In Dearborn Heights, where construction activity plays a significant role in urban development, the safety of workers is paramount. However, even with strict OSHA standards, accidents continue to occur, leading to serious injuries or fatalities. The impact of these incidents extends beyond the physical harm, affecting workers’ livelihoods and families.

Legal Responsibilities and Liability

Employer Obligations
Under federal and state law, employers have a legal duty to ensure that their workplace is safe for employees, particularly in high-risk industries like construction. The Occupational Safety and Health Administration (OSHA) sets clear guidelines for workplace safety, including those specifically for construction sites. Employers are required to:

• Ensure a Safe Workplace Under OSHA Standards: Employers are legally obligated to comply with OSHA regulations, which are designed to protect workers from hazards on construction sites. These regulations cover everything from proper scaffolding to fall protection to the handling of hazardous materials. Failure to meet these standards can result in penalties, lawsuits, and severe harm to workers.
• Provide Adequate Training and Safety Equipment: Employers must offer proper training in the use of equipment, handling hazardous materials, and recognizing potential dangers on the job site. Additionally, they are required to provide employees with the necessary personal protective equipment (PPE), including hard hats, gloves, safety goggles, and harnesses. Without these provisions, workers are at increased risk for injury, and the employer may be held liable for accidents that occur due to negligence.

Liability for Subcontractors and Property Owners
While employers hold the primary responsibility for maintaining a safe work environment, subcontractors and property owners may also bear legal responsibility when an accident occurs on a construction site. Both parties must fulfill certain obligations to ensure safety.

• Subcontractors' Responsibilities: Subcontractors are responsible for their own specific tasks on a construction site. However, they are still held to certain safety standards, such as ensuring that their employees have the proper training and equipment to perform their tasks safely. If a subcontractor’s actions or negligence directly contribute to an accident, they can be held liable for the injury or damage caused.
• Property Owners' Responsibilities: Property owners, especially those overseeing large construction projects, also have a duty to ensure the safety of workers on the site. They are responsible for hiring qualified contractors, maintaining a safe environment, and complying with construction laws and regulations through entities like the Michigan Department of Licensing and Regulatory Affairs (LARA). In some cases, property owners may be liable for accidents that happen due to hazardous conditions on the property, such as improperly maintained walkways or unsafe electrical wiring.

Shared Responsibility

Construction accidents are often the result of negligence by multiple parties. In these cases, liability is typically divided among the responsible parties. The legal principle of comparative negligence applies to many construction accident cases, determining the degree to which each party is at fault for the accident and the resulting injuries.

• Comparative Negligence: This concept means that fault can be shared among multiple parties based on their individual contributions to the accident. For example, if an employee is injured due to faulty equipment but the employee was also not wearing the required safety gear, the employer and the employee might both be found partially responsible. In this case, a percentage of liability would be assigned to each party, and compensation could be reduced accordingly.

Workers’ Compensation and Beyond

Understanding Workers’ Compensation

Workers’ compensation is a form of insurance that provides benefits to employees who are injured or become ill as a result of their job. This system is designed to offer workers a safety net for medical expenses, lost wages, and rehabilitation costs without needing to prove fault. For construction workers, workers’ compensation typically covers:

• Medical Expenses: Injured workers can receive compensation for the costs associated with their medical treatment, including hospital stays, surgeries, physical therapy, and prescription medications related to the injury.
• Lost Wages: Workers who are unable to return to work due to their injuries are entitled to wage replacement benefits, which are typically a percentage of their average weekly earnings. This helps ease the financial burden during recovery.
• Rehabilitation: Workers’ compensation can also cover the costs of rehabilitation services, such as physical therapy, vocational retraining, and counseling, to help workers return to their previous roles or transition to a new line of work if they can no longer perform their original duties.

While workers’ compensation is an essential benefit for injured workers, it does have certain limitations:

• Workers’ compensation benefits do not fully compensate workers for all the losses incurred. For example, they typically only replace a portion of lost wages, and there is often a cap on the amount of compensation workers can receive.
• Workers are generally unable to sue their employers for negligence through a personal injury lawsuit if they are receiving workers’ compensation benefits. This limitation is in place to encourage employers to carry workers' compensation insurance, but it can leave workers with less compensation than they would receive through a personal injury lawsuit.

Third-Party Liability Claims

In addition to workers’ compensation benefits, injured construction workers may have the option to pursue third-party liability claims if a party other than their employer is responsible for the accident. Third-party claims can help workers recover damages that workers' compensation cannot cover, such as full lost wages, pain and suffering, and emotional distress. Some common scenarios in which third-party liability claims might apply include:

• Product Liability: If an injury was caused by a defective piece of equipment or machinery, the manufacturer of the product may be held liable for the accident. For instance, if a forklift malfunctions and injures a worker, the manufacturer or distributor of the faulty equipment could be sued for damages in addition to the worker receiving workers’ compensation benefits.
• Premises Liability: If an injury occurs due to unsafe conditions on the construction site, such as poorly maintained scaffolding, hazardous materials, or unsafe walkways, the property owner or contractor may be held liable. Workers can file a premises liability claim against these parties, who are responsible for ensuring that the work environment is safe.
• Subcontractor Liability: If a subcontractor's actions or negligence contribute to the accident, the subcontractor may be held liable for damages in a third-party lawsuit. For example, if a subcontractor improperly installs scaffolding and it collapses, causing injury, the injured worker could pursue legal action against the subcontractor.

In these cases, workers can potentially recover additional compensation that workers' compensation does not cover, such as:

• Full wage replacement for lost income.
• Pain and suffering related to the injury.
• Punitive damages, in some cases, if the third party’s actions were grossly negligent or intentionally harmful.

Role of Legal Counsel

Legal counsel plays a critical role in navigating both workers’ compensation claims and third-party liability claims. A skilled attorney can ensure that injured workers:

• Maximize their Compensation: Legal professionals can help ensure that injured workers receive the maximum benefits from workers’ compensation, including fighting for appropriate wage replacement and covering all medical expenses. They can also help workers pursue third-party liability claims to secure additional compensation.
• Explore All Avenues for Recovery: Sometimes, construction accidents involve more than one responsible party. A lawyer can help injured workers identify all potential sources of compensation, including third-party claims, and pursue legal action against each responsible party.
• Handle Complex Legal Procedures: Workers’ compensation claims and third-party lawsuits each have their own legal procedures, deadlines, and requirements. Attorneys are well-versed in these processes and can ensure that workers do not miss important filing dates or make costly errors during the claims process.

Conclusion

Construction accidents can lead to serious, life-altering injuries for workers, making it essential to understand the legal options available. Workers’ compensation offers important benefits, including medical coverage and lost wage reimbursement, but it is not always enough to fully cover the costs of an injury. In some cases, pursuing third-party liability claims against manufacturers, subcontractors, or property owners may be necessary to recover additional compensation.

Navigating these legal options can be complex, and having professional guidance ensures that all potential claims are explored and the worker receives the full compensation they deserve. Workers and employers alike must be aware of their rights and responsibilities to prevent accidents and protect employees’ safety.

Contact Information for Marko Law

If you or someone you know has been injured in a construction accident, it's important to act quickly to protect your legal rights. Marko Law is here to provide expert legal counsel and guide you through the complexities of your case. We are dedicated to helping injured workers in Dearborn Heights and surrounding areas secure the compensation they deserve.

Contact us today for a free case evaluation:

• Phone: 1-833-MARKO-LAW or 1-313-777-7LAW
• Address: 220 W. Congress, 4th Floor, Detroit, MI 48226
• Website: markolaw.com

‍