Accident Lawyer Construction Accident 3 — Questions and Answers
Question 1: The 'Fatal Four' causes of construction deaths identified by OSHA are falls, electrocutions, struck-by incidents, and what else?
- Caught-in/between incidents (Correct answer)
- Chemical exposure
- Heat stroke
- Vehicle rollovers
Correct answer: Caught-in/between incidents
OSHA's Fatal Four are falls, electrocution, struck-by, and caught-in/between hazards.
Question 2: A trench deeper than 5 feet collapses on a worker where no protective system was used. Which OSHA requirement was most directly violated?
- Excavations over 5 feet require shoring, sloping, or a trench box (Correct answer)
- Trenches only need protection beyond 20 feet
- Only trenches in sandy soil need protection
- Protection is required only if workers request it
Correct answer: Excavations over 5 feet require shoring, sloping, or a trench box
OSHA 1926 Subpart P requires a protective system for excavations 5 feet or deeper unless in stable rock.
Question 3: Under the 'retained control' exception, when can a property owner who hired an independent contractor be liable for a construction worker's injury?
- When the owner kept control over the manner and methods of the injury-causing work (Correct answer)
- Whenever the owner profits from the project
- Only if the owner is also the architect
- Never, since independent contractors absorb all liability
Correct answer: When the owner kept control over the manner and methods of the injury-causing work
An owner who retains control over how work is performed can owe a duty of care despite hiring an independent contractor.
Question 4: An undocumented construction worker is injured on the job in most U.S. states. What is the general rule on workers' compensation eligibility?
- Immigration status generally does not bar receiving workers' compensation benefits (Correct answer)
- Undocumented workers are barred from all benefits
- Benefits are available only after obtaining a visa
- Only medical benefits are ever available, never any wage benefits
Correct answer: Immigration status generally does not bar receiving workers' compensation benefits
Most states extend workers' compensation coverage to undocumented workers, though some limit certain wage-loss remedies.
Question 5: A delivery driver, not employed by any contractor, is struck by falling debris while dropping materials at a site. What is his strongest claim?
- A negligence suit against the contractor responsible for overhead protection (Correct answer)
- A workers' compensation claim against the general contractor
- An OSHA whistleblower complaint
- A claim under the site owner's health insurance
Correct answer: A negligence suit against the contractor responsible for overhead protection
As a non-employee, the driver is not limited by comp exclusivity and can sue the negligent contractor directly in tort.
Question 6: Why is prompt scene documentation especially critical in construction accident cases?
- Site conditions change rapidly as work continues, destroying evidence (Correct answer)
- OSHA seals all sites permanently after accidents
- Courts refuse photographs taken later than 24 hours
- Insurance policies expire at the end of each workday
Correct answer: Site conditions change rapidly as work continues, destroying evidence
Active construction quickly alters or removes the conditions that caused an injury, so early photos, measurements, and witness statements preserve the claim.
Question 7: In a comparative negligence state, a jury finds a worker 30% at fault for a $1,000,000 construction injury verdict. What does the worker recover?
- $700,000 (Correct answer)
- $1,000,000
- $300,000
- Nothing
Correct answer: $700,000
Under comparative negligence the award is reduced by the plaintiff's percentage of fault, leaving $700,000.
Accident Lawyer Construction Accident 3
The 'Fatal Four' causes of construction deaths identified by OSHA are falls, electrocutions, struck-by incidents, and what else?