When Are Subcontractors Liable for Construction Injuries?

Construction sites are inherently hazardous environments. When such injuries occur, determining liability can be complicated, especially when subcontractors are involved.

While workers’ compensation typically covers on-the-job injuries, there are situations where a construction worker may have grounds to file a third-party claim against a subcontractor to seek additional damages.

When are subcontractors liable?

Subcontractors are specialized workers or companies hired by the primary contractor to perform specific tasks or trades during a project. Here are some scenarios where a subcontractor could be held responsible:

• Negligence: Subcontractors can be liable for personal injuries if their actions or negligence directly contributed to an accident. For example, if a subcontractor fails to adhere to safety protocols, uses faulty equipment or engages in negligent behavior that results in an injury, they could be held accountable. The degree of supervision and control a subcontractor exercises over their work can also impact their liability.
• Failure to provide a safe workplace: Subcontractors have a duty to create a safe working environment for their employees and ensure that their work doesn’t pose undue risks to others on the construction site. If they neglect this duty, they may be liable for injuries that occur as a result.
• Defective work or materials: If a subcontractor’s work or the materials they use are found to be defective or subpar, and this leads to an injury, they may be held responsible. This might include instances where improper installation or the knowing use of faulty materials results in injuries.
• Noncompliance with safety regulations: Failure to comply with federal, state or local safety regulations can lead to liability for subcontractors. This includes issues related to scaffolding, fall protection and other safety standards.

For more information about construction site injuries, reach out to the knowledgeable personal injury attorneys at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP for a consultation.