On any construction site, all workers must have the necessary skill, training and supervision for the job with which they are tasked. Failure to ensure this can mean the worker not only puts himself at risk, but everyone else on the job site. Risk for serious or catastrophic injury is heightened significantly when even just one worker doesn’t receive proper guidance and oversight.
At Associates and Bruce L. Scheiner, Attorneys for the Injured, our experienced construction injury attorneys know too well many general contractors and site owners put more emphasis on the profitability of the project, rather than worker safety. Negligent supervision is common on sites where managers choose to cut corners in order to accelerate production or slash costs.
Supervisors, including contractors, owners and subcontractors, have a duty to make sure workers and bystanders are shielded from unreasonable risk of harm.
If you or somebody you love has been injured on a Florida construction site as a result of workers who were not properly trained or supervised to do their job safely, we can help you explore your legal options.Negligent Hiring, Supervision or Training on Construction Sites
When contractors or subcontractors do not use a reasonable degree of care in the course of hiring, training or supervising employees, this can be a form of negligence.
It’s important for workers to understand that while they may not be entitled to pursue claims against their own direct employer (due to workers’ compensation exclusive remedy provisions), they may have a claim against others on site who owed a duty to ensure safety of all workers.
Carelessness in hiring, training and supervision can stem from:
- Failure by owners or contractors to make sure job applicants had the right level of skill, qualifications or licensing.
- Not putting proper measures in place to make sure construction employees are adhering to state and federal safety regulations.
- Failure to make sure workers are properly trained for the equipment they will be handling.
- Failure to research a supervisor’s background.
- Failure to monitor and supervise construction employees or to verify their competence or to conduct routine safety checks and injury risk assessments.
- Failure to communicate with other managers on site.
- Failure to address employee concerns or complaints.
- Failure to warn individuals about dangerous conditions on site.
- Supervising a site under the influence of drugs or alcohol.
- Failure to make needed repairs on construction equipment or to ensure it is properly installed/erected/maintained.
It’s also imperative for construction managers and others in charge to provide accurate information to concerned parties regarding worker job skills, jobsite training and degree of supervision.
Courts in various jurisdictions across the country have adopted language of the Restatement (Second) of Torts 552 (1977) which deals with information negligently supplied for the guidance of others. This is when, in the course of conducting a business, profession or employment operation, a person supplies false information for the guidance of others in business transactions. He or she will be liable for losses resulting from the justifiable reliance on this information if the accused fails to exercise reasonable care or competence in communicating it.
Misrepresentations of this nature on a construction site, depending on the circumstances and potential for injury as a result of the misinformation, might rise to the level of willful or wanton disregard for the safety of others – a serious breach of duty that may warrant punitive damages in a civil case. (Punitive damages are those intended to punish the offender, rather than simply compensate the victim.)
Much of the argument may depend on degree of control the defendant had over the project. Many construction sites have fragmented power structures and hierarchies, and it will be important for injured parties to show defendant owed a duty of care to ensure safety of others and that it wielded control over the site, workers or general operations.
It’s important to show appropriate authority over certain details, though. If supervision authority by any one entity was general, the supervisor may in turn owe no duty to the worker. These are details our experienced construction injury attorneys are prepared to explore to make sure you have a solid case before moving forward.
Negligent supervision on a construction site can result in serious and lasting injuries and other damages, and victims may be entitled to compensation.
Contact Associates and Bruce L. Scheiner, Attorneys for the Injured, for a free and confidential consultation to discuss your rights. There are no fees or costs unless we win. Offices in Fort Myers, Cape Coral, Naples and Port Charlotte.
Call 800-646-1210 for a Free Consultation