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  • Writer's pictureLeitner Varughese Warywoda

Who is Liable if a Construction Worker is Injured in a Violent Attack?

Construction sites can be dangerous environments due to extreme manual labor, work with hazardous machinery, and heights. Unfortunately, many construction workers also face violence while on the job. These attacks can happen due to various reasons, such as issues with coworkers, disputes with contractors, or even from third parties (e.g., bystanders).

If you are a construction worker who was injured in a violent attack on the job, you might want to contact a skilled lawyer to help you determine liability. Our New York construction accident lawyers at Leitner Varughese PLLC can investigate your case and help you hold liable parties accountable.

Causes of Violent Attacks on Construction Sites

According to the Occupational Safety and Health Administration, 761 fatalities in the workplace in 2019 were due to intentional injury. Many of those deaths occurred in the construction industry due to violent attacks. Violence can occur on a construction site due to several reasons, such as:

  • Heated disputes among coworkers. Work in construction often requires workers to collaborate with others. However, sometimes the relationships among colleagues can become frustrating, and that leads to conflicts and violent outbursts.

  • Employer-related issues. Relations with the employer and the contractor can be a reason behind the workers’ agony. Issues such as pay disputes, dangerous work conditions, or unfair treatment can lead to employee dissatisfaction, resulting in violence.

  • Third-party violence. Intruders such as thieves, trespassers, or other parties who might not have the most extensive knowledge of safety measures can also cause violence and physical harm to construction workers.

  • Racial or religious discrimination. This reason can be general, but it has a severe impact when it comes to workplace incidents. Hateful behavior, such as adverse language, threats, or offensive acts, can lead to violence.

If you or someone you love has been injured at work due to violence, do not hesitate to speak with a lawyer to pursue the compensation you deserve.

Violent Attacks by Fellow Construction Workers vs. Violent Attacks by Third Parties

In some cases, violent attacks can happen between colleagues on a construction site. When this occurs, the employer may be responsible for taking necessary security measures to prevent such incidents from happening. However, if a third party, such as a criminal or a trespasser, is the cause of the attack, the responsibility lies with the property owner, the general contractor, and/or the third party.

Who is Liable if a Construction Worker is Injured in a Violent Attack?

The liability question can be complicated. When an employee is injured due to another worker’s violent outbursts because of a workplace dispute, the employer may be responsible for taking measures to prevent such outbursts from happening. The employer’s premises liability insurance may have coverage for personal injury caused by violent actions. However, if an outsider caused the injury, the general contractor, property owner, or the construction company might be responsible for security failures that enabled the incident to occur. The injured party may also file a direct lawsuit against the outsider who caused harm.

Let Us Hear Your Story and Help You

In a nutshell, knowing who is responsible for a violent attack at a construction site is crucial for construction workers. However, each case is unique, which is determining liability after a violent attack can be challenging without the help of a knowledgeable lawyer. Our lawyers at Leitner Varughese PLLC are here to hear your story and help you identify liable parties. Get a case evaluation by calling 212-671-1110.

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