Tennessee Construction Injury Law: Negligent Supervision
Construction site workers are required to have the training, skills, and supervision necessary to complete the job they’ve been assigned. The inability to maintain this level of readiness could place the worker, as well as other workers on the job site, at serious risk of injury. The danger of severe or catastrophic injury increases if even only one worker does not receive the appropriate training and supervision.
At InjuryTN, our accomplished construction accident lawyers understand that plenty of contractors and property owners fail to provide more attention to ensuring worker safety than that of overall profitability. Negligent supervision is prevalent on job sites where supervisors choose to take shortcuts in order to speed up development and reduce costs. Those in managerial or supervisory positions like the contractors, subcontractors, and site owners, owe a duty of care to workers in making sure those on-site are protected from unreasonable risk of injury.
Negligent Hiring, Training, and Supervision on Job Sites
When a reasonable level of care is not used by contractors or subcontractors throughout the hiring, training, and supervising processes, they may be held liable for negligence. It is imperative for construction workers to understand that although they might not be entitled to seek claims against their employer (because of workers’ compensation exclusive remedy provisions), they might still be able to file suit against other individuals on the site who were responsible for providing a safe work environment for all workers. Negligence in training, supervision, and hiring may be a result of one or more of the following:
- The inability of a contractor or owner to ensure all applicants for jobs hold the appropriate certifications and have had all necessary training or other qualifications for the job.
- Failing to take appropriate measures to ensure all employees adhere to safety standards as set by state and federal laws.
- Inability to ensure all workers have adequate training for the tools and equipment used on the job site.
- Failing to thoroughly review a supervisor or manager’s background.
- Failing to consistently supervise employees, to authenticate their ability to complete the work they will be doing, or to perform periodic evaluations on the safety of the site.
- Failing to effectively communicate with other site supervisors or managers.
- Failing to appropriately address the concerns and complaints of their employees.
- Failing to provide adequate warning to workers about hazardous conditions on the job site.
- Supervising or managing the job site while under the influence of alcohol and/or drugs.
- Failing to properly install, maintain, or repair construction equipment and tools.
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The Importance of Supplying Accurate Information
It is also necessary for all managers and supervisors to provide detailed information to those concerned about any workers’ training, skills, or level of supervision. The Restatement (Second) of Torts, which has been widely adopted throughout numerous jurisdictions in the US, covers information negligently supplied for the guidance of others. This occurs at some point during the course of a company’s operation when false information is knowingly provided for the guidance of others in their making business decisions. They would be held responsible for any resulting losses caused by the justifiable reliance on the information provided in the event that the individual accused is unable to practice reasonable care in their communications.
Depending on what circumstances regarding the possibility of injury because of false information, inaccuracies of this kind on construction sites may escalate to the degree of becoming willful and wanton disregard for the safety of others – a grave infraction on their duty which could justify punitive damages in civil court. In such cases, punitive damages are meant to punish offenders instead of merely compensate victims. The majority of an offender’s defense will be dependent upon the level of control they had over the work being done. Most construction sites will have split levels of authority in the supervision of a project, so it is often necessary for those injured to show that the offender owed a duty of care in ensuring workers’ safety on the site and that they were responsible for the general operations at the time the incident occurred.
However, it is still necessary to exhibit suitable authority over specific details. For instance, if the authority of supervising by any individual entity was general, then whoever was supervising may not have owed any duty of care to the claimant. Our accomplished construction accident lawyers are ready to explore details of this nature in depth to ensure your case is adequately prepared for the next step.
Contact Our Experienced Tennessee Construction Injury Lawyers
If you or someone you know has been injured in a construction accident because of other workers who lacked adequate training or supervision to safely perform their work, our legal team is ready to assist you in exploring what options may be available to you. Negligence in supervising a construction site could result in catastrophic injuries as well as other damages, and victims are often entitled to compensation. Contact InjuryTN today to set up your free and confidential initial consultation with an experienced Tennessee construction accident attorney to discuss your rights. With all personal injury cases, there are no costs or fees until we win the case.