When a construction accident occurs, most companies believe it is the fault of the workers; they tend to believe their safety measures and policies have been broken, leading to the injuries. Although this may be the case to a majority of construction accidents, there are still instances that the company has lacked certain safety measures that lead to the accident. Workers are expected to know and practice the proper safety policies and precautions of the construction company, but the employee also has the obligation to train the workers regarding their job safety.
Most state laws compel construction companies to have their workers well trained and follow safety procedures. According to the website of the Sampson Law Firm in Louisville, companies who have failed to provide proper safety training to their workers, resulting in the workers being injured in a work-site accident could put the employer liable for personal injury lawsuits. This right to sue is applicable even when the accident was caused by the worker. There are three basic elements that a worker should prove in court in order to win a personal injury lawsuit due to the company’s lack of (or improper) safety training. These are:
- The defendant (employer) owes a duty to train the worker for the job given to them. – Although it is expected that the worker already is aware of the safety measures necessary to the type of job they will be doing, it is still part of the employer’s obligation to ensure that the worker understands how to perform the job properly. If it can be shown that the training does not live up to this requirement, the worker’s chances of success improve.
- The defendant breached the duty to train. – A breach of duty to train could mean that the company failed to provide proper safety training where any reasonable construction company can provide under the same circumstance. Breach of duty to train the workers can account to employee negligence and could put the employer liable for the harm it caused a worker.
- The breach of duty to train caused injury to the worker. – There are different types of damages in personal injury cases, with the most common ones being medical expenses and lost wages. It is important, however, for the worker to prove that the damages are actually due to the defendant’s negligence, and not from other factors.
Personal injuries due to construction accidents can have devastating effects not only on the physical aspect of the worker; their quality of life and finances can also suffer. A company who has been negligent or careless in properly training or installing their safety procedures or policies should be held liable for injuries that a worker suffers when construction accident does occur. Filing a personal injury lawsuit may be the only way to get compensation for the damages.