Workers at building sites face many risks on a daily basis. Despite this, contractors often place safety and wellbeing of subcontractors as a secondary priority. According to common law (Work Health and Safety Act 2011), a head builder has a duty of care to subcontractors to provide a safe working environment: as a principle contractor, a controller of the premises and as a person conducting business. Furthermore, under the Civil Liability Act 2002, liability for loss will be delegated between concurrent wrongdoers in the event an accident takes place and injures a worker.
Who is Responsible for Injuries at Building Sites?
In other words, in the instance an injury occurs at a building site and a worker is injured, a lawsuit will determine which of the parties listed above will be responsible for paying compensation to cover the costs of the injury. Proportionate liability is a term used to classify liability when multiple parties are deemed responsible for an injury occurring.
What is Proportionate Liability?
If the principle contractor, employer or controller of the premises has been negligent in their provision of safety precautions then the attribution of compensation will be divided according to the party that has been negligent. For example, if the principle contractor has failed to provide safety equipment outlined in the building codes; resulting in a fall, they will be partially liable, along with the employer who failed to raise the matter with the principle contractor and the controller of the premises, who failed to inform workers about the risk. In this case, a 33/33/33 split of compensation may be awarded to an injured worker who was a victim of negligent building practice
How Can Head Builders Prevent Injuries?
A head builders’ duty of care is such that they must ensure that the building site they are responsible for is safe for both workers and other visitors to the site. They must make sure:
- The work environment is safe, by conducting a risk assessment,
- That the equipment is safe and works properly,
- That contractors are provided with relevant safety information, induction, instruction, training, and supervision,
- That the coordination between trades does not create a risk of injury,
- The health of all workers, and the workplace conditions are monitored frequently,
- That risk of falls is managed.
How is Compensation Awarded to Injured Parties on Building Sites?
If an injury is sustained due to negligence on the part of the head builder (principle contractor), more compensation can be awarded than if the injury occurred due to negligence on the part of the employer. Compensation related to injuries caused by non-employers (head builders/principle contractors) is governed by the Civil Liability Act 2002. This law provides compensation for pain and suffering, past and future medical expenses, past and future loss of income, and past and future care and assistance. On the other hand, if a lawsuit is made against the employer, the Workers Compensation Act 1987 dictates they will only be compensated for past and future loss of income.
Call Tony Love Lawyers Today
If you are injured on a building site and believe that either a non-employer or your employer was negligent, get in touch with Tony Love Lawyers. You must contact us within three years of notification of the injury. We are a team of lawyers you can trust, with over 25 years of experience in injury litigation.