Construction Site Injuries: Who Is At Fault?

Law Blog

Construction sites should be safe and secure. However, in some instances, the opposite is the case. When an individual is injured due to the careless neglect of a construction firm or their team, their suffering should not go unnoticed; they deserve to seek compensation. Someone should be held accountable. Learn more about determining neglect with a construction site injury.

Non-Employee or Employee

To assess neglect, it's first important to determine if the injured victim is an employee of the company. If the individual is an employee, they would need to seek workers' compensation for their injuries, not a personal injury claim. 

This statement is true even if the individual is not a construction worker, but an employee in any capacity that works for the company responsible for the site. Only non-employee victims can move forward with a personal injury claim, so it's important to keep this factor in mind. 

Proper Safety Precautions

It is the responsibility of all construction firms to take the necessary safety precautions to keep the public safe. A large part of this process involves securing the construction site. To minimize the risk of injury, firms must post proper warning signage and build barricades around the site. 

For construction zones in public spaces in which the general public has access, firms must take further steps to keep the public safe, including performing regular site inspections to ensure there are not any tools or machinery sitting around and that all structures are secure. When a construction company does not take these precautions, they could be found liable for any injuries.  

Permission to Enter

Whether or not the injured victim had permission to be on site is a very important element in the process of determining fault. Typically, if the victim trespassed onto the site and was injured, the construction firm would likely not be responsible for their injuries, since the individual did not have permission to be on the site. 

On the other hand, injuries that take place in a public access area of a construction site or a safe zone can often be attributed as neglect on the part of the construction company. However, any accident victim will need to be able to prove that they had permission to be in the area. 

If you or a loved one has been injured on a construction site, you should speak to an accident attorney to learn more about what options are available to you. For more information, contact companies such as Kaston & Aberle.


2 April 2020

Knowing Your Legal Rights Can Help You Greatly in Life

Like many people, I once found learning about law very intimidating. My brother went to law school and I remember glancing through a few of his books and wondering if I was actually reading English due to all of the legal jargon in them! However, when I ended up in a sticky legal situation due to accidentally breaking a small law I didn't know existed, I realized that I needed to learn more about the law, so I could make sure to follow it precisely in the future. My brother helped to break down some complicated legal concepts to me, and I have since been studying up online. I want to post what I have learned and continue to learn about law in the future on my new blog, so my knowledge cannot only help myself, but also help others!