When accidents occur on building sites, the funds available for compensating the injured party depend on the relationship between the victim and the project. Albany Medical Malpractice lawyers can help you with your construction site accidents too.
Workers
The primary reason for the majority of construction worker injuries is falling, which is frequently the result of defective equipment, inadequate safety gear, or unsafe equipment use. Other typical accidents include:
- Electrocution
- Power tool-related injuries
- injuries caused by falling machinery or detritus
- Heavy machinery-related injuries
employees’ compensation typically covers the injuries of construction employees. The injured employee will file a claim for workers’ compensation with their employer, even if the employer is a subcontractor. The injured worker may be able to sue the responsible party for pain and suffering damages, which are not covered by workers’ compensation insurance if the injury was caused by intentional or willful negligence.
Independent contractors engaged by an estate owner, general contractor, or subcontractor cannot be protected by workers’ compensation insurance, but they may file a civil lawsuit for damages against the responsible party if they can demonstrate that an intentional or negligent act caused the injury. An independent contractor could bring a complaint against the property owner, general contractor, subcontractor, as well as individual employees.
Tenants
A property owner owes his or her tenants a duty to keep the property in a secure condition. When a property is under construction, both the proprietor and the contractors must comply with all safety laws and regulations and exercise reasonable care to ensure the site’s safety. This includes erecting barriers, posting signs alerting of potential dangers, and possibly employing security personnel to prevent unauthorized access to the danger zone.
Sightseers And Walkers
Clients, invited visitors and even persons passing by on a public sidewalk or street may be at risk at construction sites. Property owners and site administrators are responsible for securing construction sites by constructing barriers, signs, and other barriers to prevent falling objects from entering public rights-of-way. When a building project obstructs a sidewalk, barriers should be erected to ensure secure passage on the street adjacent to the sidewalk.
When an individual is injured on government property, there are strict deadlines and procedures for submitting a claim for damages. It is prudent to reach out as soon as possible, as failure to file the appropriate forms within the 90-day deadline may result in the denial of your claim.
