Navigating Personal Injury Suits in the Construction Industry

The construction industry is big business in a state with a growing population like North Carolina. The U.S. Bureau of Labor Statistics shows that there are 283,000 workers in the construction industry in North Carolina as of September 25 — a 21% increase since 2020. Construction is also among the most physically dangerous jobs, and danger tends to invite personal injury lawsuits when it leads to injury. But such lawsuits in the construction industry are particularly complex, often involving multiple companies, overlapping contracts, and layered responsibilities, not to mention the issue of workers’ compensation. Construction companies facing personal injury lawsuits thus need the experienced counsel of a North Carolina personal injury defense attorney to help them navigate this legal maze. 

First Things First: Is the Claim Barred by Workers’ Compensation? 

The most important point for construction companies to understand about personal injury liability is that most personal injury claims by employees for work-related accidents are barred. North Carolina workers’ compensation is the exclusive remedy for employees who are injured in the course of their employment. (See N.C. Gen. Stat. § 97-10.1.) This immunity applies even if the employer was negligent, such as by allowing equipment in disrepair to remain in service. It also applies to situations in which a worker is injured by a coworker. Simply put, the workers’ compensation bar is a powerful defense against employee claims for work-related accidents. 

Of course, there are a few exceptions to this immunity. Construction companies may face work-related accident litigation in the following scenarios: 

• The plaintiff is not an employee. These are known as “third-party claims” and usually arise when someone other than the worker’s employer caused their injury, such as a general contractor or subcontractor, the property owner, the manufacturer or supplier of defective equipment. Third-party claims are one of the most common ways for construction companies to be sued for work-related accidents. 
• The injury was due to an intentional tort, such as that which occurs when an employer engages in egregious misconduct likely to cause injury. 
• The construction company is not properly insured, which occurs when an employer is legally required to carry workers’ compensation insurance but fails to do so.
• The injury is not work-related, such as could occur during a voluntary employer-sponsored social or recreational activity. 

Exceptions to the workers’ compensation bar are not always clear-cut, which is why you should speak to a North Carolina personal injury defense attorney if you are facing a personal injury suit by an employee or third-party worker. 

Common Bases for Personal Injury Claims Against Construction Companies

Legal claims against construction companies that are not barred by workers’ compensation — such as those occurring via an exception listed above or in which the plaintiff is a member of the public — are often based on the following grounds: 

Unsafe Work Conditions 

Construction is a highly regulated industry, and plaintiffs are often eager to exploit perceived deficiencies in regulatory compliance. Plaintiffs often allege failures like tripping hazards, missing safety protection, inadequate lighting, or poorly maintained premises. 

Negligent Hiring and/or Supervision

Negligent hiring and supervision claims arise when the plaintiff alleges that a construction company failed to exercise due diligence in the hiring and/or supervision of its employees, such as by hiring an employee with a lapsed license or allowing a worker to operate machinery on which they are not trained. 

Equipment-Related Accidents 

Liability for defective equipment generally lies with the manufacturers and sellers of such products, but not all equipment-related injuries are due to product defects. Examples include crane failures, forklift collisions, and improper operation of tools. 

Falling Objects 

Federal regulations require construction companies to protect their workers and the public from falling objects. However, accidents happen. Such accidents include dropped hand tools, poorly strapped loads, or overloaded scaffolds. 

Effective Personal Injury Defenses for Construction Companies 

Construction companies have several tools at their disposal to fight personal injury claims. Some of the most common defenses our North Carolina personal injury defense attorneys argue include: 

Injury Caused by an Independent Contractor

Construction companies generally may only be held liable for the acts of their employees. One of the most powerful defenses, then, is to show that the party who caused the injury was an independent contractor, such as a subcontractor. The key issue in these cases is whether the defendant had the right to control the manner and method of the subcontractor’s work. If not, they likely can avoid liability. 

Contributory Negligence 

North Carolina is one of a handful of states that follows the contributory negligence doctrine, which holds that a plaintiff is barred from recovery if they were partially at fault for their injury, even if their fault was negligible compared to the defendant’s fault. Construction industry defendants could argue this defense in cases, for example, where the plaintiff entered a restricted area, ignored posted warnings or verbal instructions, or failed to use protective equipment. 

Contractual Allocation of Duties  

Construction projects are often governed by contracts that allocate responsibility among owners, general contractors, subcontractors, and other parties. Those agreements often define which party is responsible for job site safety, who controls the means and methods of work, and other matters. Construction companies can often avoid liability for personal injury by showing that the activity or condition that caused the injury was in another party’s control. 

Open and Obvious Danger 

North Carolina recognizes the “open and obvious” defense, which holds that a plaintiff’s personal injury claim is barred if the danger was open and obvious to an ordinarily intelligent person. However, there are major exceptions to this rule — including when the injured party is a child (the “attractive nuisance” doctrine) or when the hazardous condition violates a specific safety regulation. 

Fight Personal Injury Suits With a North Carolina Personal Injury Defense Attorney 

If you’re facing a personal injury suit from an employee or third party, you will need experienced and competent legal counsel to protect your interests. For more information about personal injury claims against construction companies, please contact a North Carolina personal injury defense attorney at Harris, Creech, Ward & Blackerby by calling 252-638-6666 or using our online contact form.