Who is Liable for a Construction Worksite Accident?
Construction sites are known for being some of the most dangerous worksites around. This is because there are many kinds of heavy machinery and moving parts that could break, slip, or accidentally impact someone. Thankfully, there are federal and state regulations in place to try to make construction sites safer for workers and passersby, but happens when these fail and someone is injured in a construction worksite accident? Who is liable?
Any time that a construction worker is injured while onsite, it is the construction company that is liable. This is primarily because it is the responsibility of the company to create a safe working environment. The penalties are much more severe if it turns out that safety regulations were not being met, but even if they were, the employee is still entitled to worker’s compensation. If a construction worker is injured on the job, the first step, after any emergency medical attention of course, is to put in a claim to their employer.
When a passerby is injured at a construction worksite, the liability still falls on the construction company. Most regulations still require the company to create a safe environment even for passersby. That being said, many construction companies are able to fight these claims and win because the circumstances are more complex. For example, if the person was trespassing on the site, the company might not be obligated to compensate, but if the site was not adequately blocked off, they still might. If a passerby is injured on a construction site, the best thing to do is always hire a lawyer to get you sort out the case and win.
If you or someone you know has been injured on a construction worksite, whether as a worker or a passerby, it is always a good idea to consult with a lawyer, especially if the construction company is unwilling to compensate. To learn about how we at the Franco Law Firm can help you in this way, please call us at (813) 872-0929.