Who Can Be Held Liable for Construction Accidents?

If you were hurt while working at a construction site, understanding who can be held liable for a construction accident is essential to recovering the maximum compensation to which you may be entitled. Construction accidents are among the most common causes of serious and fatal on-the-job injuries. While construction workers and their families can file for workers’ compensation benefits in some cases, the benefits they receive (if any) will only cover a fraction of the total costs they incur. 

As a result, when dealing with the aftermath of a serious or fatal construction accident, it is important to determine what other options you have available. Depending on the circumstances surrounding your (or your loved one’s) accident, various companies could be liable. 

When filing a claim outside of workers’ compensation, you can seek damages not only for your financial costs resulting from the accident (i.e., medical bills and lost wages), but for the accident’s non-financial costs (i.e., pain and suffering) as well. However, to recover these costs, you first need to determine which company—or companies—to sue.

Companies That May Be Liable for Your (or Your Loved One’s) Construction Accident 

A typical construction project will have several companies involved. While employees generally can’t sue their employers if they are eligible for workers’ compensation (though there are exceptions), they can sue any other company that is responsible for their on-the-job injuries. With this in mind, injured construction workers and their families may have claims against one or more of the following companies: 

Contractor or Subcontractor

It is not uncommon for multiple companies to have employees working on a construction site at the same time. If you or your loved one was injured in an accident caused by a contractor or subcontractor, you may have grounds to sue. For example, construction workers and their families will often have claims against contractors and subcontractors such as:

• Concrete contractors 
• Electrical contractors
• Framing and drywall contractors 
• Painting contractors 
• Plumbing and HVAC contractors 

Property Owner or Developer

Property owners and developers can also be held liable for construction accidents in many cases. If an on-the-job accident results from a hazardous property condition, poor construction site management, or any other issue that the property owner or developer could—and should—have prevented, then the property owner or developer may be 100% liable. 

Tool, Ladder, or Scaffolding Manufacturer 

Tool, ladder, and scaffolding failures are common causes of construction accidents in Arkansas. When a failure results from a product defect, the manufacturer can be held fully responsible. In these cases, claims against manufacturers are governed by the law of “strict liability.” This means that proof of negligence is not required. Simply proving that the product was defective is enough to establish a claim for just compensation. 

Heavy Equipment Company 

Accidents involving heavy equipment and machinery are also extremely common. If you or your loved one was harmed by a negligent heavy equipment operator or a defective piece of heavy machinery, you may be entitled to full compensation for your accident-related losses in this scenario as well. 

Construction Material Supplier or Delivery Company

Injured construction workers and their families may also have claims against construction material suppliers and delivery companies. When delivering materials to construction sites, these companies must be careful to avoid injuring workers on the ground. Accidents involving delivery trucks and other vehicles are among the most common causes of serious injuries on construction sites. 

Architecture or Engineering Firm 

Architecture and engineering firms are responsible for ensuring that the buildings they design are safe both during and after construction. If a wall or building collapses because it was improperly designed, or if any other architecture or engineering issue leads to a serious or fatal accident, the firm that is responsible for the issue can—and should—be held accountable. 

Building Inspector 

Building inspectors can also be held liable for construction accidents in some cases. If a building inspector overlooks a safety issue and this oversight leads to a serious or fatal accident, the building inspector could share liability with the company that is responsible for creating the issue. 

Regardless of the circumstances involved, if you need help after a construction accident in Arkansas, there are some important steps you should take as soon as possible. For a free, no-obligation consultation, contact us today. 

Contact a Construction Accident Lawyer at Oliver Law Firm 

With offices in Rogers, we represent construction workers and their families across Arkansas and the United States. If you have questions about your legal rights, we can explain everything you need to know. Oliver Law Firm has a distinguished reputation for handling construction accident cases throughout the nation.

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Contact an experienced construction accident lawyer at Oliver Law Firm today online or at 479-202-5200 for a FREE case evaluation. We help clients across Arkansas and throughout the United States from our office in Rogers, AR.