Who is liable for construction worker back-over injuries?
If there is one thing American cities and suburbs like Aurora have in common, it is the presence of ongoing construction. If it seems like building and road construction never stops, consider taking it as a good sign. It means that the place in which you live is thriving, growing and providing jobs for many residents.
While construction work remains steady, it is not without risks. Construction accidents occur across the nation on a daily basis. Some of these accidents are benign and cause nothing more than bruises or scrapes. Other construction accidents are serious and may even be fatal. Vehicle back-over accidents are one type of construction accident that can have lethal consequences.
Even though most of the equipment used in construction zones features back-up alarms and other safety technology, it is easy to become complacent. Construction sites are inherently loud and many workers use ear protection. These two issues, along with many others, may interfere with a worker's ability to notice and avoid equipment in reverse.
You probably already know that workers' compensation exists to cover the medical expenses and lost income that often accompany construction accident injuries. What you might not know is that if negligence was a contributing factor, you may have additional legal options.
For example, if the manufacturer of a construction vehicle installed defective parts and it led to an accident, the manufacturer might be liable. In another example, if the supervisor of a construction site demanded that the employee continued working under known hazardous conditions, the company might be liable for any injuries the worker suffered.
Because worker's compensation is in place to protect employees as well as employers, it may be challenging to pursue a construction accident lawsuit. However, it is not impossible and the injured worker will benefit greatly from seeking legal guidance to sort out the issues and develop a winning strategy. If you are not a construction worker but were injured in an accident related to construction, a legal advocate can help you as well.
Source: CDC.gov, "Preventing Worker Injuries and Deaths from Backing Construction Vehicles and Equipment at Roadway Construction Worksites," accessed Feb. 28, 2018