Construction accidents that result in severe bodily injuries occur frequently and in a variety of ways, and not just to construction workers. Passersby and bystanders are also frequently injured due to negligently maintained construction sites.
Typical Law Governing Construction Accidents
There are numerous theories of liability for which someone who has been injured at a construction site can bring a lawsuit, here are a few of the most common:
Bystanders on a Public Way. If you were a bystander injured at a construction site who was passing by on a public way, such as a sidewalk or a road, you must prove the following in order to be successful in your lawsuit: (1) As a result of the construction, a dangerous condition was created; (2) the site owner didn’t use reasonable care to remedy the dangerous condition; (3) it was foreseeable that the dangerous condition would cause injury to a bypasser; and (4) the dangerous condition caused your injuries.
Trespassers Injured at a Construction Site. Believe it or not, a construction site owner has a duty even to trespassers. If the site owner knows that trespassers are regularly visiting an area of the property, and he had control over a dangerous condition that he knew was likely to injure a trespasser, and that dangerous condition actually injures one of the trespassers, the site owner may be liable for any injuries.
Workers Injured due to Dangerous Working Conditions. A construction site must provide safe working conditions for the construction workers. Most construction site owners go to great lengths to ensure that the premises is a safe working environment, and they take necessary precautions to limit any potential injuries. Occasionally, however, a construction site owner may (1) hire staff that is unqualified to perform the tasks they were assigned, and as a result another worker is injured; (2) expose workers to toxic chemicals; (3) fail to upkeep equipment in proper working order; (4) fail to ensure properly constructed scaffoldings; (5) fail to comply with OSHA requirements.
Workers Injured due to Poorly Maintained Work Sites. A construction site owner may be liable for your injuries if you were injured because the site owner failed to properly maintain the work site. Improper lighting, equipment, warnings, and cleanliness can all be signs that a site owner negligently maintained the work site.
I was a Bystander injured at a Construction Site, Should I sue the Construction Worker, or the Construction Company?
In short, you should sue both, but that doesn’t mean a jury will find both liable for your injuries. A construction company is liable for the acts of one of its workers if the worker was acting within the scope of his/her employment. That is to say, if the construction worker was properly doing his job when your injury occurred, the construction company, not the worker, will likely be liable for your injuries.
I was Injured While Working at a Construction Site, are My Injuries Covered by Workers’ Comp?
Injured employees are normally covered by some type of workers’ compensation if their injuries occurred as a result of their employment. Workers’ compensation will cover medical care, lost wages, permanent impairments, lost earning capacity, and other injury related expenses. A workers compensation claim is different from a lawsuit, and thus handled separately.
Call Red Law For A Consultation
Our office welcomes new clients and will always provide you with a friendly and professional attorney that will be happy to discuss your case with you. If you’d like to discuss your construction accident and a potential lawsuit with a Red Law attorney, please call us at 801-4770-RED or email us at firstname.lastname@example.org. In a consultation with a Red Law attorney, your attorney will provide you with a professional opinion of your case, how Red Law can help you, and a rough time frame for your potential lawsuit.