Many workers in Pennsylvania strive daily to make sure that a wide range of construction projects progress effectively, efficiently and safety. Unfortunately, serious accidents can still occur despite the best efforts of multiple parties. When a worker is seriously hurt on the job, decisions regarding who is responsible can be complex
The assignment of liability in a construction accident is often reliant on the amount of control a party has over both the premises and the work involved. This control may be determined through factors such as contractual terms, industry standards, job duties and principles of law.
Compliance with the federal government's Occupational Safety and Health Act of 1970 is expected at private-sector construction sites in Pennsylvania as the state does not use a federally approved state plan of its own. Liability for any apparent violations of OSHA regulations may fall upon the party in charge of the premises or the specific activity underway at the time of an accident.
A potentially relevant situation could consist of a worker who suffers a back injury following a fall from a scaffolding. A violation of OSHA regulations might apply if, for instance, a subcontractor did not supply the injured employee with a proper safety harness for high-altitude work. A subcontractor might be found negligent on this basis along with the general contractor who hired him or her.
If negligence is not found on the part of a contractor, responsibility for workers' compensation coverage may still require determination. The extent of a general and subcontractor's respective insurance policies and how much they could provide to an injured employee may be examined in deciding who should hold responsibility for providing workers' compensation benefits when a claim is filed. Call 888-99-DUGAN today for a free consultation.