By John J. Megjugorac, Esq.

Construction sites are inherently dangerous.  Each year thousands of employees are hurt on construction sites across the nation.  It is critical that construction site accident victims seek knowledgeable legal representation to help them obtain the compensation that they deserve.  At the Ginarte Law Firm, our attorneys focus on New York/New Jersey construction site accidents.  A critical area of a construction site accident case is assessing the role of the general contractor. 

Under well-settled law in New Jersey, the general contractor on a work site has a non-delegable duty to maintain a safe workplace that includes “ensuring prospective and continuing compliance with the legislatively imposed non-delegable duty to all employees on the job site, without regard to contractual or employer obligations.”  Alloway v. Bradlees, Inc., 157 N.J. 221, 237-38 (1999) (citing Kane v. Hartz Mountain, 278 N.J. Super. 129, 142-43 (App. Div. 1994).

State public policy and OSHA impose a duty on the general contractor to ensure the protection of all the workers on a construction project, irrespective of the identity and status of their various and several employers.  Alloway, 157 N.J. at 238.  Established law requires the general contractor, either by agreement or by operation of law, to designate a single repository for the responsibility of the safety of every individual working at the site.  Id. (citing Bortz v. Rammell, 151 N.J. Super. 312, 321 (App. Div. 1977).  As the general contractor, the party is charged with ensuring the safety of all workers on the job.  The general contractor bears responsibility for OSHA and safety violations on the jobsite.  Meder v. Resorts International, 240 N.J. Super. 470, 473-77 (App. Div. 1989); Kane, 278 N.J. Super at. 142-43; Dawson v. Bunker Hill Plaza Assoc., 289 N.J. Super. 309, 320-21 (App. Div. 1996).

Additionally, in the construction accident context, a landowner has a non-delegable duty to use reasonable care to protect workers on the jobsite from known or reasonably discoverable dangers.  However, absent certain exceptions, a landowner is not responsible for injuries to workers which are incidental to the very work the employee was hired to perform. Absent interference by the landowner in the performance of the contractor’s work, the non-delegable duty to insure the job is performed in a safe manner is that of the general and subcontractors. Bozza v. Burgener, 280 N.J. Super. 583, 586-87 (App. Div. 1995).

If you have been involved in a construction site accident, contact the Ginarte Law Firm today.  Our attorneys have the legal knowledge and practical experience to investigate which parties are liable for your injuries.  To contact the Ginarte Law Firm call 1-(888) GINARTE or use our online contact form.