Construction Sites Injuries
Even the safest construction sites pose potential hazards to employees and others in the area. This is why those responsible for the site are held to the highest safety standards. When a worker or passerby is injured due to the failure to meet that standard, there may be grounds for legal action. If a construction company fails to provide appropriate training or protection for their employees, they can be held accountable for the consequences of their negligence. Likewise, manufacturers of construction equipment may be held liable if an injury results from a defective piece of equipment.
If you or someone you love has been injured due to negligence on a construction site. Below are some frequently asked questions concerning construction site accidents and premises liability, as well as statistics and safety tips for preventing construction site injury. Because construction accident claims are so complex and difficult to win, having a lawyer with experience and proven results is critical to the success of your case. Our premises liability attorneys want to make sure you have the most information possible to protect your rights, whether you are an employee, employer, or passerby affected by a construction accident.
FAQs - Premises Liability and Construction Accidents
Q: How can a lawyer help me—if I’ve got workers’ compensation, what more do I need?
A: Workers’ compensation is an important benefit to have at any kind of job, and especially for those in the construction industry. Unfortunately, there are many companies who do not have proper insurance against employee accidents and injuries. Also, in the majority of premises liability cases, it can be extremely difficult to resolve who is ultimately at fault for the accident. If you have been injured on the job at a construction site, our lawyers can help figure out whom your case should be brought against, as well as increase your chance of obtaining maximum compensation for your pain and suffering. What’s more, it’s not uncommon for insurance companies to find ways to insinuate that the victim is responsible for the accident. Our premises liability attorneys have the resources and expertise to prevent construction accident victims from being mistreated during the suit.
Q: I’m an independent contractor who spends time on a number of different construction sites. What kind of legal protection do I need to have?
A: Ideally, all independent contractors should carry proof of liability insurance and health insurance. However, this isn’t always possible due to the rising cost of insurance coverage. If you are doing work under a general contractor, then you could potentially make a claim against him (or her) should the need arise. Ultimately, the best thing you can do to protect yourself, and your business, is to have excellent insurance coverage.
Q: A new building is going up next door, and my car was damaged by flying debris from the site while I was attempting to park my car. What can I do?
A: Unless the damage to your vehicle was significant—and cause physical injury to you or any passengers—it is generally inadvisable to file a claim against the construction company. Without significant damage, and a preponderance of evidence, such a case would have a low likelihood of success. If you decide to take the construction company to court for damages, be sure to supply photographic evidence and repair estimates.
Q: My house is undergoing remodeling, and some construction equipment is on my property. If someone trespasses on my land, and is injured by the equipment, who’s at fault?
A: Trespassing and premises liability law is complicated, and often situational. In general, if you have construction equipment on your property is advisable to post warning signs and take steps to prevent people from accessing the site. If a trespasser is injured on your property, it is not your obligation to protect them; however, it is important to prevent injury and avoid liability if you know or suspect that trespassers will be on your land.
The law is also complex with regard to child trespassers. If a child wanders onto your property and is injured, you are liable. Construction equipment could very likely be considered an “attractive nuisance”—something that attracts children, who don’t realize the danger—and any harm that comes to the child is your responsibility. If there is construction equipment (particularly heavy machinery) on your property, and you are concerned about trespassers, please contact our premises liability attorneys as soon as possible.
