Construction Accidents
These are highly specialized cases. The injured person cannot normally sue his employer because the employer is protected by the exclusive remedy provision of the workers’ compensation act. The employer of the injured person normally owes only workers compensation benefits. If the injured employee died and leaves no dependents, then the employer and the workers’ compensation carrier may get out of owing anything other than the payment of medical expenses and the funeral bills. However, third parties other than the employer, such as the general contractor or construction manager, may have liability. Cases against the general contractor are known as “Funk” cases as they stem from the well known case of Funk vs General Motors Corporation. In these cases, the injured party must show (1) that the property owner or general contractor failed to take reasonable steps within its supervisory and coordinating authority (2) to guard against readily observable and avoidable dangers (3) that created a high degree of risk to a significant number of workmen (4) in a common work area. Much of the litigation in these cases revolves around what is a “common work area”.









