Premises Liability On Construction Sites
Construction sites are busy environments with constant movement, heavy machinery, and workers performing dangerous tasks. While accidents are unfortunately common in these settings, not all injuries are solely the responsibility of the worker. In many cases, the property owner or another party may be held accountable under premises liability laws. Understanding how this applies by enlisting the assistance of skilled workers’ compensation lawyers can make a significant difference in pursuing workers’ compensation and additional claims. Our friends at Hickey & Turim, S.C. explain some of the nuances behind premises liability on a construction site. You should always have a lawyer on your side, as you do not want to miss any of the potential benefits that you deserve for your claim.
What Premises Liability Means
Premises liability refers to the legal responsibility of a property owner to keep their site reasonably safe for those who enter it. On a construction site, this may involve ensuring the ground is free of hazards, dangerous areas are clearly marked, and equipment or structures are properly secured. If a worker is injured because of unsafe conditions on the property, the owner or another responsible party may be liable.
Common Hazards On Construction Sites
Construction sites often have uneven terrain, exposed wiring, open trenches, or falling debris. While some of these dangers are expected, they must still be managed safely. For example, a property owner who fails to warn workers about a hidden hole or leaves a walkway poorly lit could be held responsible if an injury occurs.
Workers’ Compensation And Liability Claims
When a worker is injured, workers’ compensation usually covers medical care and lost wages, regardless of fault. However, if unsafe conditions caused the injury, the worker may also have grounds for a premises liability claim. This dual approach can provide broader financial recovery, covering damages that workers’ compensation alone may not.
Determining Responsibility
Not all construction site injuries fall under premises liability. Sometimes the responsibility lies with contractors, subcontractors, or even equipment manufacturers. Identifying who is accountable requires careful investigation, including site inspections, witness statements, and documentation of the unsafe condition. Lawyers know that holding employers accountable for hazardous work environments is crucial to ensure people are safe while in their places of work.
The Role Of Legal Support
A workers’ compensation lawyer with experience in construction accidents can help determine whether a premises liability claim applies in addition to workers’ compensation. This guidance ensures injured workers explore all possible avenues for recovery and do not leave critical compensation on the table.
Premises liability plays an important role in construction site injuries, especially when unsafe property conditions contribute to accidents. Knowing when to pursue both workers’ compensation and premises liability claims can greatly improve the chances of fair financial recovery for injured workers.