Construction Accident Attorney

Your construction accident attorney will evaluate potential claims for on-the-job accidents, especially under the Employer Liability Law as described below.

The workplace, especially a construction site, can be dangerous. The landlord may not have inspected and corrected unsafe conditions. The general contractor may have tolerated a dangerous situation, and a construction worker can be injured or killed. A personal injury attorney will consider several legal theories that can result in compensation for what happened.

If the person injured or killed was on the job, then he will be covered by workers compensation.

The advantage of workers compensation is that fault or negligence is not required. Moreover, the worker is covered even if the worker himself was negligent. The disadvantage of workers compensation is that the amount paid out is low.

The employer has to pay for an on the job injury, through the employer’s insurance company. The workers compensation law includes a bar to any additional claim against the employer.

Claims in addition to Workers Comp

There can be additional claims, beyond the workers comp claim, against other companies in the case of a job site injury.

For example, the injury could have been caused by dangerous equipment. This can result in a products liability claim.

Another significant injury claim can be for premises liability. A company that controls real estate has an obligation to inspect the property and make it safe for business visitors.

In addition, there can be an Employer Liability Law claim above and beyond the workers compensation claim. Many states, including Oregon, provide a law that protects the worker. The Employer Liability Law applies generally as follows.

For the Employer Liability Law to be the basis of a claim for relief by an injured worker suing a company other than employer of worker, the other company defendant must be in charge of or have responsibility for work involving risk or danger. This must be either (a) in a situation where defendant and plaintiff’s employer are simultaneously engaged in carrying out work as a common enterprise, or (b) in a situation in which defendant retains right to control, or actually exercises control, as to the manner or method by which the risk-producing activity is performed.

Here is the law requiring every care, even when expensive:

Oregon Revised Statutes 654.305: Protection and safety of persons in hazardous employment generally. Generally, all owners, contractors or subcontractors and other persons having charge of, or responsibility for, any work involving a risk or danger to the employees or the public shall use every device, care and precaution that is practicable to use for the protection and safety of life and limb, limited only by the necessity for preserving the efficiency of the structure, machine or other apparatus or device, and without regard to the additional cost of suitable material or safety appliance and devices.

In applying the ORS 654.305 requirements, “Public” includes worker whose employer is engaged in common enterprise with in-charge third party. Trout v. Liberty Northwest Ins. Corp., 154 Or App 89, 961 P2d 235 (1998).

All owners and companies involved must comply with the Employer Liability Law safety requirements:

Oregon Revised Statutes 654.310: Places of employment; compliance with applicable orders, rules. All owners, contractors, subcontractors, or persons whatsoever, engaged in the construction, repairing, alteration, removal or painting of any building, bridge, viaduct or other structure, or in the erection or operation of any machinery, or in the manufacture, transmission and use of electricity, or in the manufacture or use of any dangerous appliance or substance, shall see that all places of employment are in compliance with every applicable order, decision, direction, standard, rule or regulation made or prescribed by the Department of Consumer and Business Services pursuant to ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780.
Oregon Revised Statutes 654.315 Persons in charge of work to see that ORS 654.305 to 654.336 are complied with. The owners, contractors, subcontractors, foremen, architects or other persons having charge of the particular work, shall see that the requirements of ORS 654.305 to 654.336 are complied with.
Oregon Revised Statutes 654.320 Who considered agent of owner. The manager, superintendent, foreman or other person in charge or control of all or part of the construction, works or operation shall be held to be the agent of the employer in all suits for damages for death or injury suffered by an employee.

There are 3 ways a company can have liability for an injury on the job: To recover under Employer Liability Law against person other than the injured worker’s employer, the injured worker must establish that defendant

- had actual charge of plaintiff’s work; or
- had right to control manner in which plaintiff performed that work; or
- that defendant and plaintiff’s employer were engaged in work on common enterprise.

If you or a loved one had a serious injury or death on the job, you should consider whether additional companies, beyond the employer, have liability for an Employer Liabilty Law claim.

What to do Next

If you just want some information, you are welcome to request the free memo (it arrives quickly by email) on personal injury claims. See the signup box on the top right of this page. Reading the information will help you get comfortable about the process.

If you are ready for a conversation about your case, contact us for a free and no-obligation conference. You should speak to an attorney promptly, because there are time limits. We can speak in person (this is usually better) or we can speak by telephone if you are not able to travel. Speaking with a construction accident attorney will help you understand your situation.