Check Your Commercial Liability Insurance

The first course of action is to determine whether the injury is covered by the contractor’s commercial liability insurance. Commercial liability insurance is issued to business organizations and covers bodily injuries as well as property damage. The injury or damage must arise out of the premises, operations, and products from the construction site. Commercial liability insurance is imperative to cover these third party claims. That is why the owner and the contractor of the project must ensure that they have secured the proper type of liability insurance. This type of insurance does not take away the injured party’s right to file a complaint in court. In some instances, the injured has the right to make a claim through the contractor’s insurance policy. In the alternative, if the injured party wins a lawsuit, the contractor can have the insurance company pay the judgment through the insurance.

Determine Liability

If a third party is injured on your construction site, the best thing you can do is document the occurrence. This includes taking photographs of the surrounding area and speaking to workers to determine what they saw. Some contractors are wary about engaging in this kind of record keeping should the records be subpoenaed in court. They will have concerns that these records can be used against them. This notion should not stop contractors from using records to defend themselves if they believe that they are not at fault. Records can be a powerful tool in court if, in fact, the contractor can show that they followed all requirements, used warning signs and exercised the standard of care. The standard of care here is usually negligence. Negligence is the failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The court will determine whether the owner or contractor behaved in a negligent way.

Follow Safety Regulations to Avoid Further Injuries

The Occupational Safety and Health Administration (OSHA) is a government agency of the U.S. Department of Labor. OSHA passes health and safety regulations that govern the workplace and it ensures state adherence on the local level. In addition, OSHA has a compliance division that audits and investigates employers for possible non-compliance. In the construction industry, compliance with OSHA standards is imperative to the safety of workers and the public. Contracts and owners must keep their construction site within regulation. Owners and contractors should also ensure that they are following state mandated laws about construction site safety.

Your Florida Construction Law Attorney 

Attorney Brendan A. Sweeney is an experienced Florida construction law attorney who he is ready to help you with third party related claims. Involving an attorney in a third party claim is a wise decision and raises the likelihood that you will prevail in court or with the insurance company. Contact us now for a consultation.

Construction workers who are injured on the job are almost always covered by workers’ compensation plans. Other insurance plans cover the injuries of passersby and others who are unrelated to a given construction project. The dynamic gets sticky when a third party is at fault for an injury.

The Rights and Obligations of Third Parties

Employers have the least control over injuries caused by third parties. That is because one cannot wholly foresee this type of injury occurring. To gain a better understanding of the third party dynamic in construction injury, it is important to define one key term. In the construction context, a third party is an entity that is not a principal party to the construction agreement. The manufacturer of construction equipment is considered a third party. A third party is also the engineer who designed the electrical functions of the building. Subcontractors may also qualify as third parties as well as individuals who cause vehicle accidents on construction sites.

Examples of Third Party-Caused Injury

• The electrical engineer who designed the electrical system in a building chose a type of wiring in the specifications that is not suitable for the system being built. The wire subsequently causes the electrocution of a worker.

• In a neighborhood where a new home is being built, the driver of a private vehicle negligently hits a construction worker while driving on a common roadway. The accident occurs even with visible ‘caution’ and ‘slow down’ markers.

• A subcontractor is hired for one day to fumigate an older building that is being renovated. The subcontractor negligently selects a chemical product for use in the fumigation. The workers who ingest the product have an adverse reaction as a result.

Tort Law Analysis of Third Party Liability

A court engaging in a tort analysis for the scenarios above will consider many factors.  The court will first determine whether the party in question is a true third party. In other words, the court will determine whether the party is directly tied to the bilateral construction contract where liability arises out of contractual duties. The court will then determine whether there is any fault on the part of the contractor or its workers. Florida operates under a pure comparative negligence regime when it comes to sharing fault. This means that the court will lessen the injured party’s (i.e., the construction worker) award amount for any fault that is attributable to them. The court will also look into the negligence of the third party. How egregious was it? Does it call for punitive damages? The court will also determine whether there are any other tangential third parties who are potentially liable.

Fort Lauderdale Construction Attorney

Brendan A. Sweeney is an experienced construction injury attorney who will provide you with invaluable advice and help you navigate your construction-based legal issue. You need an attorney who will tirelessly defend you and understands the complexities of Florida’s construction injury liability laws. Contact us for your legal assessment today.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html

Falls

Falls are the leading cause of death in the construction industry. Falls are covered under 29 CFR (Code of Federal Regulations) 1926 Subpart M of the federal regulations. The cause of fall accidents stem from not anticipating the proper equipment that is necessary to complete a given job. If proper equipment is available and work is anticipated beforehand, workers will not have to engage in unsecure climbing. Workers who are not properly trained on anti-fall equipment also cause falling fatalities. Unfortunately, even workers who do access to anti-fall protection devices can lack proper training. This results in accidents that are completely avoidable. Subpart M of the CFR has an entire section dedicated to scaffolding as well as its proper usage and training guidelines for employers.

Electrocution

Electrical safety regulations are covered under Subpart S of 29 CFR 1910. This regulation places an emphasis on the first line of defense: personal protection. Having the proper protective gear when working around electricity can be the difference between life and death. This section also provides guidance on how electricity is transmitted in the most unexpected ways. This portion is to inform workers to be aware of ways electricity can pose a danger outside of the normal instances. As with falls, regulators want to ensure that contractors are providing its employees with the proper training to ensure that safety equipment is properly utilized.

Struck by an Object

Being struck by an object is another major cause of death in the construction industry. This category is peculiar as compared to the rest, because it can manifest through natural and man-made causes. For example, a careless forklift worker can crash into a fellow worker if they are not well-trained in forklifting. Alternatively, an unsuspecting worker can become the victim of a downed tree that has become loose due to heavy winds from a previous day. Such circumstances are not always discernible. That is why OSHA standards place an emphasis on training and the dissemination of life saving information.

Florida Construction Law Attorney

Federal law requires that all construction businesses meet OSHA health and safety standards. Attorney Brendan A. Sweeney has significant experience in advising and drafting agreements that will ensure your compliance with OSHA regulations and standards. Your workers deserve the best protection against workplace hazards. Contact us now for a consultation.

Resources:

osha.gov/oshstats/commonstats.html

osha.gov/SLTC/electricalcontractors/standards.html

osha.gov/pls/oshaweb/owastand.display_standard_group?p_toc_level=1&p_part_number=1926

Construction workers who are injured on the job are almost always covered by workers’ compensation plans. Other insurance plans cover the injuries of passersby and others who are unrelated to a given construction project. The dynamic gets sticky when a third party is at fault for an injury.

The Rights and Obligations of Third Parties

Employers have the least control over injuries caused by third parties. That is because one cannot wholly foresee this type of injury occurring. To gain a better understanding of the third party dynamic in construction injury, it is important to define one key term. In the construction context, a third party is an entity that is not a principal party to the construction agreement. The manufacturer of construction equipment is considered a third party. A third party is also the engineer who designed the electrical functions of the building. Subcontractors may also qualify as third parties as well as individuals who cause vehicle accidents on construction sites.

Examples of Third Party-Caused Injury

• The electrical engineer who designed the electrical system in a building chose a type of wiring in the specifications that is not suitable for the system being built. The wire subsequently causes the electrocution of a worker.

• In a neighborhood where a new home is being built, the driver of a private vehicle negligently hits a construction worker while driving on a common roadway. The accident occurs even with visible ‘caution’ and ‘slow down’ markers.

• A subcontractor is hired for one day to fumigate an older building that is being renovated. The subcontractor negligently selects a chemical product for use in the fumigation. The workers who ingest the product have an adverse reaction as a result.

Tort Law Analysis of Third Party Liability

A court engaging in a tort analysis for the scenarios above will consider many factors.  The court will first determine whether the party in question is a true third party. In other words, the court will determine whether the party is directly tied to the bilateral construction contract where liability arises out of contractual duties. The court will then determine whether there is any fault on the part of the contractor or its workers. Florida operates under a pure comparative negligence regime when it comes to sharing fault. This means that the court will lessen the injured party’s (i.e., the construction worker) award amount for any fault that is attributable to them. The court will also look into the negligence of the third party. How egregious was it? Does it call for punitive damages? The court will also determine whether there are any other tangential third parties who are potentially liable.

Fort Lauderdale Construction Attorney

Brendan A. Sweeney is an experienced construction injury attorney who will provide you with invaluable advice and help you navigate your construction-based legal issue. You need an attorney who will tirelessly defend you and understands the complexities of Florida’s construction injury liability laws. Contact us for your legal assessment today.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html

Falls

Falls are the leading cause of death in the construction industry. Falls are covered under 29 CFR (Code of Federal Regulations) 1926 Subpart M of the federal regulations. The cause of fall accidents stem from not anticipating the proper equipment that is necessary to complete a given job. If proper equipment is available and work is anticipated beforehand, workers will not have to engage in unsecure climbing. Workers who are not properly trained on anti-fall equipment also cause falling fatalities. Unfortunately, even workers who do access to anti-fall protection devices can lack proper training. This results in accidents that are completely avoidable. Subpart M of the CFR has an entire section dedicated to scaffolding as well as its proper usage and training guidelines for employers.

Electrocution

Electrical safety regulations are covered under Subpart S of 29 CFR 1910. This regulation places an emphasis on the first line of defense: personal protection. Having the proper protective gear when working around electricity can be the difference between life and death. This section also provides guidance on how electricity is transmitted in the most unexpected ways. This portion is to inform workers to be aware of ways electricity can pose a danger outside of the normal instances. As with falls, regulators want to ensure that contractors are providing its employees with the proper training to ensure that safety equipment is properly utilized.

Struck by an Object

Being struck by an object is another major cause of death in the construction industry. This category is peculiar as compared to the rest, because it can manifest through natural and man-made causes. For example, a careless forklift worker can crash into a fellow worker if they are not well-trained in forklifting. Alternatively, an unsuspecting worker can become the victim of a downed tree that has become loose due to heavy winds from a previous day. Such circumstances are not always discernible. That is why OSHA standards place an emphasis on training and the dissemination of life saving information.

Florida Construction Law Attorney

Federal law requires that all construction businesses meet OSHA health and safety standards. Attorney Brendan A. Sweeney has significant experience in advising and drafting agreements that will ensure your compliance with OSHA regulations and standards. Your workers deserve the best protection against workplace hazards. Contact us now for a consultation.

Resources:

osha.gov/oshstats/commonstats.html

osha.gov/SLTC/electricalcontractors/standards.html

osha.gov/pls/oshaweb/owastand.display_standard_group?p_toc_level=1&p_part_number=1926

Florida’s Regulations

The workers’ compensation regulations in Florida are spelled out under Chapter 440 of the Florida Statute. An employee must report all work-related injuries to their employer within 30 days of the injury occurring. This is not a general rule as there are exceptions including in the instance where the injury is not knowable (i.e., a latent injury). Florida has a 2-year deadline for filing a petition for workers’ compensation benefits. But as with reporting requirement, there are some exceptions to this general rule. There is a weekly limitation of $863.00 on the benefit and other specified limitations depending on the injury. For example, the benefit for a temporary total disability is 66% of the average weekly benefit. The benefits are paid out on the 8th day for an injury that lasts less than 22 days. However, if the injury lasts for more than 22 days, then the benefit begins on the 1st day of the injury. Benefits for claims that are psychologically related are limited to 104 weeks. Minors who are not lawfully employed are entitled to two times the benefit for any injury stemming from their unlawful employment.

Making an Application

Employers purchase workers’ compensation insurance from private companies or from Florida Division of Workers’ Compensation. After reporting the injury to the employer, the employer must then report the injury to the insurance company or state agency within 7 days. At the same time, the employer must send the employee to an occupational doctor to obtain a medical review of the injury.

What to Expect After the Application

After all documentation is received, the insurance company will either approve or deny the application. After approval, the employee will receive workers’ compensation benefits immediately. However, if the application is denied, the employer has the right of appeal. At this stage, the employee is well-served to hire an experienced attorney to handle the appeal.

Fort Lauderdale Workers’ Compensation Attorney

Have you made an application for workers’ compensation due to a construction injury and been denied? Or do you seek to increase your award? Attorney Brendan A. Sweeney has years of experience advising on workers’ compensation claims. He also has extensive experience representing clients during construction-related claim denials. Contact us now for a consultation.

Resource:

law.cornell.edu/wex/workers_compensation

Construction defects are germane to the building industry. Defects can arise from bad workmanship, manufacturer defects within the components or they can even arise from the builder choosing incompatible parts. Due to the specialized nature of construction work, what seems like a minor detail can grow to have a huge impact on the construction project. To complicate the matter, there are different ways defects can show up. Defects that are patent are easily recognizable and identifiable. On the other hand, latent defects can go undetectable or do not become detectable until it has grown into a larger problem. Construction defects can become quite burdensome depending on the type and severity of the defect. Property owners must have mechanisms in their contract to protect themselves should a defect arise. To help alleviate some of this burden, Florida has mandated that parties include a certain contractual provision in their contracts as it relates to construction defects.

Florida’s Notice of Claim Provision

Chapter 558 of the Florida Statutes is a statute of repose governing construction defects claims. It requires all parties contracting over residential and commercial construction projects include a Notice of Claim clause within the agreement. Pursuant to Chapter 558, a property owner must wait 60 days before bringing any legal action. Within that time frame, the owner must send the other party a written notice of the specifics regarding the alleged defects. The notice must provide the other party the opportunity to inspect the alleged construction defects. In addition, the property owner has the right to request that the other party make an offer to repair or pay for the alleged construction defect. The property owner must keep in mind that they are not obligated under Chapter 558 to accept any offer. This entire process follows a strict deadline to which the parties must adhere. If the parties cannot reach an agreement within the allotted time period, the aggrieved party is free to pursue a lawsuit.

Pros and Cons of Chapter 558

From a policy standpoint, Chapter 558 is an effective way of keeping defect claims out of the courts by allowing individuals the room to resolve their own issues. Courts see utility in creating laws that reduce in-court claims. In effect, Chapter 558 creates a dispute resolution mechanism much like arbitration or mediation, thus giving the parties power to reach the most mutually beneficial resolution. At the same time, Chapter 558 is not without fault. One can imagine a scenario where a contractor can take advantage of an uninformed property owner in the contractor’s effort to resolve the defect. Still, the threat of legal recourse serves as encouragement for contractors to provide the best service possible–if a defect actually exists. Whatever the outcome of a Chapter 558 negotiation, the statute provides parties with an avenue to resolve their construction disputes.

Florida Construction Defects Attorney

Sweeney Law, P.A. is well-versed in construction defects litigation and the requirements under Florida Statutes Chapter 558. If you are the subject of a Chapter 558 claim or you have discovered a defect, call us now. Attorney Brendan A. Sweeney has years of experience guiding clients through the pre-suit notice of claim process and any subsequent defects litigation. Contact us now for a consultation.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0558/0558.html

Falls

According to OSHA, falls account for the highest number of fatalities and injuries in the construction industry. Employers owe their workers a duty to protect them from work-related falls. This duty requires strict compliance with OSHA regulations. Falls are regulated under 29 CFR 1926 Subpart M of the Federal Register. The regulation provides for training as well as guidelines for implementing a variety of fall protection systems on construction sites. OSHA requires construction workers to wear harnesses and ensure that all harnesses actually fit. The fall prevention guide also advises workers to inspect all fall protection systems before usage and cover all holes and openings. OSHA has also created special training guidelines for certain construction workers to ensure fall protection. These guidelines target residential construction workers and workers engaged in excavation.

Excavation and Trenching

OSHA classifies excavation operations as among the most hazardous. According to OSHA, two workers are killed every month in trench collapses. OSHA standards govern certain actions that employers can take to ensure that workers are protected. For example, OSHA requires that employers follow meticulous guidelines and install adequate protective systems to protect against cave-ins. Excavated or other materials must be 2 feet back from the edge of the trench. In addition, a safe path to an exit must be made within 25 feet of workers in a trench. Excavation and trenching standards are set out under 29 CFR 1926 Subpart P of the Federal Register.

Electrical

Electrical hazards are not exclusive to construction work sites. Almost all employers must ensure compliance with OSHA electrical safety standards regardless of the industry. However, electrical hazards is one of the leading causes of fatality and injury in the construction industry.  OSHA standards governing electrical hazards are published under  29 CFR 1926 Subpart K of the Federal Register. OSHA electrical standards are based on the standards set out by the National Fire Protection Association. To minimize electrical hazards OSHA instructs  employers to pay attention to exposed and operating elements of electrical installation such as switches, controls, and wires. OSHA also regulates the organizations that test and certify electrical systems.

Florida Construction Law Attorney

Federal law requires that all construction businesses meet OSHA health and safety standards. Don’t hesitate to reach out to Brendan A. Sweeney for help with any OSHA issues you may be facing. He has significant experience in advising and drafting agreements that will ensure your compliance with OSHA regulations. Your workers deserve the best protection against workplace hazards. Contact us now for a consultation.

Resource:

osha.gov/dcsp/compliance_assistance/quickstarts/construction/index.html#step1

Liability for Visitor Injuries

Liability for visitor injury is dependent on the purpose of the injured party’s presence on the construction site. The identity of the party who invited the injured visitor is also important. The identity of the party who invited the injured visitor can determine the theory of liability that applies and where the blame lies. If a property owner invites a homebuyer to see a house that is under construction for purpose of purchase, the property owner is likely responsible for any injuries sustained by the homebuyer. In this case, the negligence theory of the invitee applies. An invitee is a person who is given permission to enter an owner’s property for the purpose of conducting business. Under this negligence theory, an invitee is owed the highest duty of care.  For example, a property owner is obligated to place warning signs where appropriate and inform the business visitor of all known danger. In this case, the homebuyer who was invited to see the property can rightly file suit against the property owner for not meeting the standard of care. In the alternative, if the visitor was invited onto the property by the contractor, the outcome of this scenario is likely less litigious. In most state workers’ compensation plans, visitors of contractors are covered for injuries sustained while working on behalf of the contractor. In some instances, subcontractors are also covered under this theory.

Liability for Employee Injuries

Normally, the liability for an employee’s injury rests on the shoulders of the company that employs them (i.e., the contractor). Employees are covered by workers’ compensation plans and other employer-based insurance plans. However, in some cases, liability for an employee’s work site injury is difficult to determine. A third party can be additionally liable depending on the circumstances of the accident. In such scenarios, manufacturers of equipment and devices can share the blame if it is determined that the cause of an accident was due to a product defect or failure. Here, injured parties can recover through their workers’ compensation plans and through responsible third parties.

Do You Need a Construction Law Attorney?

Brendan A. Sweeney is an experienced construction law attorney who will provide you with zealous representation and invaluable advice as you navigate through your construction-based legal issues. Construction law is a highly complex area of the law. You need an attorney who is ready to defend you and understands the complexities of Florida’s construction injury law. Contact us for your legal assessment today.

Resource:

law.cornell.edu/wex/invitee