What Distinguishes Construction Injury Cases From Others?
Being at a construction site carries with it significant risks, but it's also important to remember that the folks responsible for the location have obligations to keep the location as safe as possible. Pursuing a claim under construction injury law, though, can be different than dealing with other types of cases. These factors play a role in many such claims.
Compliance and Regulations
By far the biggest distinction between construction injury law cases and other kinds of injury claims is that the building trades are highly regulated in most areas. Foremost, OSHA regulations require that companies make an effort to train personnel and keep their sites relatively safe.
One of the first questions that should be asked when someone is hurt at a worksite is "Were they even supposed to be in that spot?" If a foreman, for example, orders a laborer into a tight space with volatile chemicals, that may be a violation of regulations regarding who's allowed to work in such areas and in proximity to hazardous materials.
This matters because the primary issue in most injury cases is a legal concept known as the duty of care. Every individual and organization has a duty to take care that they don't place others in harm's way without taking proper precautions. In the construction industry, the duty of care in almost every situation is heavily codified by local, state, and federal laws. Being able to draw a direct line from known regulations to what happened during an incident typically makes it easier for an attorney to demonstrate that a company was operating in a negligent or reckless fashion.
Access to Information
The accounting and compliance efforts that go into maintaining construction sites ensures that most organizations will have extensive logs of their activities. For example, you can review the OSHA logs to see when was the last time that trainers from a company had updated their own learning on a particular subject. Similarly, every piece of equipment is subject to logging of usage, maintenance and breakdowns. This ready access to information tends to make the presentation of cases under construction injury law robust.
Virtually all build sites are covered by some type of insurance. Frequently, multiple parties may be insured, including the site owner, construction firm, and municipal government. This means more things to sort out, but it also assures injuries will be covered by someone.
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