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Can You Sue a General Contractor If You Are Injured on a Construction Site?

Getting hurt on a construction site in Hawaii may turn your life upside down. Such mishaps can lead to hassles like serious injuries, rising medical bills, and uncertainty about the future. Of course, you can file for workers' compensation. But many injured workers in Hawaii don't realize that it isn't the only option available.

Depending on how the accident happened and who was responsible, you may also sue a general contractor directly. This is one of the most misunderstood areas of construction injury law. You will need the guidance of a veteran construction site accidents lawyer.

  • Getting a reality check

Most people assume a construction site has one employer, that is, the company running the project. In reality, it's usually far more structured than that.

A property owner or developer funds a typical Hawaii construction project. A general contractor is hired to manage the entire project. Then there are several subcontractors who handle specific types of work, such as electrical, plumbing, framing, and concrete work. Workers are employed by those individual subcontractors, in most instances. 

So, if you're an electrician working for a subcontractor on a high-rise apartment, your direct employer is the subcontractor, and not the general contractor.

  • The limitations of a workers' compensation claim

When you file a workers' compensation claim, that goes to the direct employer's insurance; that process is relatively simple. You usually get medical coverage, a portion of lost wages, and some disability compensation, depending on your injury level. 

But workers' compensation has some limitations, too. It comes with some capping on those benefits. This is where a legal expert can guide the worker. They have the necessary information in this matter. 

  • The third-party lawsuit

In Hawaii, if someone other than your direct employer is liable for your accident, you can opt for a third-party lawsuit. General contractors control the overall working environment, set core safety protocols, and manage how different crews interact, among other responsibilities. So, they have greater responsibilities in a construction zone. 

Sometimes, their lack of attention may worsen construction zone conditions, resulting in accidents. Workers injured in such setups can file a lawsuit after consulting with a lawyer.

Why must construction workers in Hawaii be aware?

Hawaii's construction industry has been booming for years, encompassing both residential and commercial projects. Large, multi-contractor job sites are quite common in the region. 

Large-scale operations lead to the risk of safety gaps. When dozens of subcontractors and crews are working simultaneously, coordination takes a hit. Hawaii also has specific OSHA regulations and state labor laws for construction site safety. If these standards aren't met and workers get hurt, there's scope to sue the responsible party. 

Conclusion: Why is expert legal support a must?

Evidence may disappear fast on such construction sites, and legal support can prevent that. Veteran legal practitioners can document and investigate appropriately. Lawyers from firms like lyslaw.com know how to establish such compensation cases and secure the compensation their clients deserve. They also guide such clients in selecting the most appropriate legal option for their situation. 

author

Chris Bates

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