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Earlier this month a construction worker employed by a subcontractor working on an Emerick Construction project sued the contractor for $8.25 million over a personal injury he suffered on the jobsite.

Personal injury lawsuits are rare 鈥� they usually become workers’ compensation cases, under the state’s exclusive remedy doctrine 鈥� but this case serves as a reminder for construction firms to take all precautions possible. A few local experts offered suggestions on how companies can limit lawsuits and accidents.

鈥淲hen an employer comes into (my office), I don’t have to beat safety into them,鈥� said Rich Meneghello, an attorney with Fisher & Phillips. 鈥淚t’s a common practice amongst most every firm in the construction industry because it reduces costs, keeps employees working and keeps the firm in goodwill.鈥�

Nearly every firm already holds routine safety meetings. But Meneghello noted that simply discussing safety isn’t enough; the committee leader must make sure employees’ concerns are documented and steps are being taken to alleviate them.

鈥淚f there’s a concern mentioned in the minutes a year ago and it isn’t solved yet, that’s a damaging piece of evidence,鈥� he said.

Melanie Mesaros, a spokeswoman for the Oregon Occupational Safety & Health Administration, added that firms should account for site-specific hazards. She recommended that a job hazard analysis be conducted for every jobsite 鈥� even if one is not required by OSHA.

The job hazard analysis is, according to Oregon OSHA, 鈥渁 method of identifying, assessing and controlling hazards associated with a specific job. (It) breaks a job down into tasks; each task is evaluated to determine if there is a better, safer way to do it.鈥�

The written document helps workers discuss potential safety issues, but also can be used to mitigate responsibility for possible accidents.

Oregon OSHA also recommends enlisting the help of a safety expert, if possible, to work on the job hazard analysis and develop a safety plan. If that isn’t feasible, the plan should be developed by people who will work on the jobsite.

John Killin, president of the Pacific Northwest chapter of the Associated Builders and Contractors, said every firm should obtain the best insurance possible.

鈥淚t’s going to be expensive, but it’s a dangerous industry and it’s one of the most important things to do,鈥� he said.

Killin added that contractors also may want to require subcontractors to provide liability insurance.

Typically, an injury on a jobsite falls under the exclusive remedy doctrine, which requires work-related injuries to be filed through workers’ compensation, and alleviates firms from the threat of a personal injury lawsuit.

But a few Oregon Supreme Court rulings have muddied those waters. Also, when a worker who works for a subcontractor is injured on a general contractor’s jobsite, there is legal room for a personal injury lawsuit to be filed.

Killin said ABC is working with several state lawmakers to address the issue. And because few personal injury lawsuits come up, he expects the case involving Emerick Construction to become a poster child for the issue.

鈥淪afety is an issue we’re always working on and that we’re always looking at solutions for,鈥� he said. 鈥淩ight now, we’re trying to fix it legislatively.鈥�