Construction sites are inherently dangerous places, not only for the people who work there but those who may visit the site or simply pass by on foot. Regardless of your role on a construction site, whether a worker or an unsuspecting bystander, the first step you should take after an injury is to seek medical attention.
The second step is to pursue compensation for your injuries. There are specific channels you need to go through depending on whether you are a visitor or a pedestrian, an employee, or an independent contractor.
Visitor/Pedestrian
If you are an authorized visitor to a construction site, it is important for you to follow all posted rules regarding hard hats, etc., and follow any instructions given to you by a person in authority at the site. If you fail to follow the rules, it may hurt your ability to recover full compensation for your injuries. You should never visit a construction site unless you have permission to do so.
Construction sites also pose a risk to pedestrians who are simply passing by the site without entering. As a pedestrian, you may be at risk of falling into holes or trenches, tripping over debris, and getting injured from falling objects. Construction companies have a responsibility to keep you and other pedestrians safe by posting warning signs and barriers to protect you from hazardous areas. Anyone injured on a construction site who does not work there should proceed with a personal injury claim against the company with the assistance of an experienced lawyer, like a personal injury attorney in Atlanta, GA from Andrew R. Lynch, P.C.
Employee
If you are an employee of the company, your injuries likely qualify for workers’ compensation. This is a no-fault system that reimburses you for partial or permanent disability, medical expenses, and lost wages as a result of your injury. However, to claim workers’ compensation, you have to be able to prove that the injury occurred within the scope of employment. In other words, you were engaged in your work duties and on the clock at the time. Workers’ compensation requirements can vary somewhat by state.
Independent Contractor
If you were working on the construction site as an independent contractor rather than an employee, you cannot claim workers’ compensation. Nevertheless, you may be able to file a lawsuit against the construction company and/or a third party, such as the manufacturer of construction equipment. However, to successfully recover compensation, you must prove negligence. In other words, the party you wish to sue has to have failed in their duty of care, resulting in your injuries.