Premises Liability

Construction injuries occur every day. If you are a bystander who was injured on or near a construction site due to a dangerous condition or someone else’s conduct, you may have a legal claim against the company responsible for the construction site.  Just like Slip and Fall cases, construction injuries fall under a Premises Liability claim.

If you are a construction worker who is injured on the job site, you may be eligible for workman’s compensation insurance benefits. This is probably your only source of compensation if your injury is not the result of a third party’s conduct (in other words not your employer’s conduct). If you are a construction worker who was injured on a construction site by a third party, you may have a right to recover directly against the third party who caused your injury while also receiving workers’ compensation benefits. You should consult with an experienced worker’s compensation to attorney to find out if you have a claim against your employer. The attorneys at Kroll & Johnson, P.C. frequently work with other attorneys who specialize in worker’s compensation law.  We will work with those attorneys, as a team, to ensure you are fully compensated for your loss.

Bystander construction injuries

If a bystander is injured at or near a construction site, they may be entitled to compensation for their injuries.  Generally, the bystander must not be trespassing, and they must take reasonable precautions to avoid harm.  In other words, you probably can’t recover if you duck under a safety barrier and walk through a hard hat area.  Common bystander construction injuries stem from:

  • Dropped tools and building equipment
  • Unclear or inadequate boundary markings
  • Failure of the construction company to monitor an unsafe condition
  • Needless public exposure to an unsafe condition

If you are a bystander and have been injured at or near a construction site, you may have a claim against the supervising company.

Construction worker injuries

Construction workers can also be injured on a job site. Injuries can be caused by a company’s failure to comply with OSHA regulations that govern workplace safety. In fact, any statute or regulation that pertains to workplace safety can be the basis for a claim. Other construction site injuries are the result of failures and defects in the equipment used by construction workers. Another common cause is negligence by another employer’s workers, subcontractors, or independent contractors.  When this occurs, it is frequently is traced back, at least in part, to inadequate training and/or supervision of the workers by the other employer.  If your injury is caused by another employer’s workers, you may have a claim directly against that other employer.

Recovering the maximum for your bystander injury

If you were injured as a bystander, then your claim will likely proceed directly against the construction company in charge of the site.  You will need to demonstrate that you were injured due to negligence or oversight.

Insurance companies are always looking to pay the least amount possible and reduce your recovery.  For this reason, it is recommended that you do not accept any settlement offer until you have discussed your case with a construction site accident lawyer.  The attorneys at Kroll & Johnson, P.C. will make sure all your avenues of recovery are maximized.  We will investigate and aggressively negotiate your case.  Remember, we don’t get paid unless you win.

Recovering the maximum for your workplace injury

If you are an injured worker and you think you may have a claim against a negligent third party, there can be advantages to pursuing your injury claim directly against the third party. The principal advantage is that bringing a claim against a third party claim may result in a considerably larger recovery for the injured worker than the worker would receive if s/he filed a worker’s compensation claim.

This larger recovery is dependent on being able to prove that the third party was negligent in some way, and that the negligence resulted in your injury. Because construction sites and many similar workplace environments change rapidly, if you are a worker who has been injured by a negligent 3rd party, it is imperative that you contact an experienced personal injury attorney immediately to begin gathering the evidence that is critical to the success of your claim.

What sort of damages can I recover if I’ve been injured in a construction or workplace accident?

If you were injured at a construction site or at your workplace due to someone else’s negligence, you can recover the following types of damages:

  • Damages for pain and suffering;
  • Damages for past and future medical bills;
  • Damages for lost wages;
  • If the injury is permanent, damages for future lost wages;
  • Damages for replacement services.

While no amount of money damages will make up for the disruption in your life that a serious injury will cause, it is the only suitable remedy provided for by the law. It is important to keep in mind that by bringing a claim for an unsafe condition you are making the world safer for other people.

If you have been injured in a construction or workplace accident, contact the personal injury lawyers at Kroll & Johnson, P.C. today.


There is no cost to you at all – the initial consultation is completely free, and we do not get paid unless we win.