On a construction site, supervisors and managers have a great deal of responsibility to ensure smooth operations. This responsibility also includes a legal duty ensure the well-being and safety of construction workers on a site. When supervisors fail to warn workers about dangerous conditions on a work site, fail to receive repairs for construction equipment or are inexperienced, liability issues can arise. Injured construction workers may have the right to recover compensation for supervisors’ negligent supervision.
In Illinois, the controlling law for a general contractor’s liability after an employee has been injured is rooted in common law negligence principles. An injured worker must prove that a supervisor owed a duty of care to employees, breached that duty, and that an injury was proximately caused by the breach of duty.
Cases involving negligent supervision claims can be very complex in Illinois, because there are many factors that a plaintiff must prove. Among these factors, a plaintiff must show that the supervisor exercised authority over the details of the construction project. If one’s supervision authority was only general in nature, then a supervisor may owe no duty to the employee.
If you have been involved in an accident due to negligent supervision, then our attorneys are available to speak with you about your case. We appreciate inquiries from workers who have been injures on construction sites, and we can provide you with legal advice before proceeding to the next stage of your case.
Causes of Negligent Supervision Accidents on Construction Sites
One of the skills that our attorneys can provide for your case is determining the cause of negligent supervision in your case. This will be a required element of a negligence claim, and our attorneys are ready to handle the challenge of making this legal determination. Here are some of the common reasons negligent supervision may occur on construction sites:
- Inadequate training of supervisors
- Negligent hiring
- Failure to research the background of a supervisor
- Personal negligence of a supervisor
- Supervising a site under the influence of drugs or alcohol
- Failure to address concerns of employees
- Failure to communicate with other managers on site
- Failure to warn individuals about dangerous conditions on a work site
- Failure to make necessary repairs on construction equipment
Another factor that a plaintiff must prove in a negligent supervision case is that he or she suffered from injuries. The reason for the negligent supervision does not matter so much as the fact that a plaintiff actually suffers injuries. A plaintiff must prove actual damages arising from the negligent supervision.
These damages may include medical expenses if a worker was injured as a result of negligent supervision. They may also include lost wages, pain and suffering and even more. Construction workers can suffer from devastating damages when they are injured on a construction site. It is important to receive an assessment of all potential routes of recovery if you have been injured on a construction site.
Premises Liability Issues Arising on Construction Sites
Often, construction injury cases present very complex legal issues. These issues often require a determination of liability when multiple employers are involved, a determination as to whether an employer has independent contractor status, and whether a supervisor has acted with reasonable care. These sorts of determinations can either make or break a case that a construction worker has for negligent supervision.
In addition, there are also other issues that must be considered in compiling a plaintiff’s construction injury lawsuit. A lawyer will need to assess whether the injuries that a worker suffered were foreseeable, the likelihood of that worker’s injury and the cost of taking precautions to prevent injury to that worker. In some instances, a plaintiff may be able to show that there was no way he or she could have been aware of his or her personal safety.
Chicago Construction Accident Lawyers Work For You
We welcome your questions and concerns about the injuries that you have suffered on a construction site. Rosenfeld Injury Lawyers LLC have experience in handling cases where an individual has been involved in an accident due to negligent supervision. We will consider the specific facts of your case to determine whether you have a valid legal claim.