Construction Site Injuries

In Washington, construction workers have broad protection against unsafe work practices on job sites. A general contractor has a duty to every employee on the job site, including employees of subcontractors, to comply with all applicable safety regulations. Stute v. P.B.M.C., Inc., 114 Wn.2d 454, 788 P.2d 545 (1990). Other subcontractors on the job site also have a responsibility to work safety and follow applicable safety standards. The Washington Industrial Safety Act of 1973, RCW 49.17 et seq., codifies the duties of general and subcontractors towards employees on a job site. Specifically, RCW 49.17.060 provides that (1) general and subcontractors shall furnish to each employee a place of employment free from recognized hazards that are causing or likely to cause serious injury or death; and (2) general and subcontractors shall comply with WISHA regulations promulgated under the Act. In Stute, supra, the Washington Supreme Court stated:

Inasmuch as both the general and subcontractor come within the statutory definition of employer, the primary employer, the general contractor, has, as a matter of policy, the duty to comply with or ensure compliance with WISHA and its regulations. A general contractor's supervisory authority places the general in the best position to ensure compliance with safety regulations. For this reason, the prime responsibility for safety of all workers should rest on the general contractor.

Stute, supra, at 463 (emphasis added). "WISHA regulations should be construed to protect not only an employer's own employees, but all employees who may be harmed by the employer's violation of the regulations." Goucher v. J.R. Simplot, Co., 104 Wn.2d 662, 672, 709 P.2d 774 (1985).

If you are injured on a construction job site, you should get immediate medical attention. Don't let your employer or the general contractor discourage you from getting the medical attention you need. Many job sites have a culture that discourages employees from reporting injuries. Don't be intimidated into not reporting an injury; your livelihood may depend on it. When you go to the doctor or emergency room, make certain that you tell them that you were injured on the job and explain how the incident occurred. The doctor is required by law to ask you to fill out a claim form with the Department of Labor and Industries. This will begin the claims process. Once your claim is filed with the Department of Labor and Industries, you should begin to receive workers' compensation benefits, including lost wages and payment of your medical expenses. Unfortunately, however, the workers' compensation system does not provide injured construction workers with full and fair compensation for their injuries. It is a system designed only to provide the most basic coverage.

In order to obtain additional compensation, you may be able to bring claims against other parties on the job site who were liable for your injuries. Because the general contractor is responsible for enforcing safety regulations on the job site, you may be able to assert a claim against the general contractor. You may also have a claim against another subcontractor. To determine whether you have claims against other parties on the job site, you will need to consult with an experienced construction injury lawyer to analyze the facts of your case and determine whether any regulations, statutes or standards were violated.

Our lawyers are proud to have represented construction workers in claims arising out of serious injuries on job sites. We have the experience and reputation necessary to obtain full and fair compensation for injured construction workers and their families. By obtaining full and fair compensation for injured construction workers, we hope to encourage safer practices on job sites and prevent future injuries to other workers. Please contact us for a no-obligation evaluation of your case and to obtain the assistance you need to make a full recovery.