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My Child was Injured Near a Construction Site – Can I Sue?

Construction sites can be dynamic and exciting, even if you’re just watching a building go up. But these sites can also be dangerous, full of heavy machinery and falling debris that pose a threat to workers and bystanders alike. If you or a loved one was passively injured near a construction site, you may feel you have no legal recourse. Nothing could be further from the truth. The courts know that construction injuries aren’t limited to workers and are experienced in awarding settlements for passive victims.

How Passerby Injuries Happen

Statistics show that construction is the leader in work-related injuries each year. Those can range from electrocutions, to crush injuries and injuries from falling debris. Some of the same potential injuries can be experienced by passersby. Imagine a wrench is dropped from a third story window onto your head. Or you are hit by a piece of equipment backing up recklessly. What if your child gets into a construction site and is injured? In any of these circumstances and many more, the victim can get a settlement.

Non-Worker Rights

The Occupational Safety and Hazards Administration, coupled with state-employed workers compensation rights, ensures that construction companies take care of their employees. These agencies are not at your disposal,however, if you are not a construction worker, despite being injured on a site. Instead, the typical victim would partner with a personal injury attorney to seek restitution based on a few simple facts:

  • Contractors have a duty to warn passersby of dangerous situations
  • Contractors are expected to take safety precautions such as placing fences and barriers where risks are highest

Depending on the state, a contractor who doesn’t take precautions can automatically be considered liable. In states without such laws in place,
failure to provide adequate safety warnings can still make the company liable – if you get the right attorney to pursue the case. Such negligence suits can be filed against property owners, construction site contractors and anyone else who failed to act properly. You can even sue if your injury was the result of a poorly trained worker operating heavy equipment. Damages in these types of cases tend to be on the higher side, and often cover everything from future medical bills to emotional distress.

Being injured on a construction site can leave you feeling helpless. Construction companies may pressure you not to file suit but don’t listen. If their negligence has cost you lost wages, painful symptoms or heightened stress, talk to a personal injury attorney today.

 

Source: Construction Accident Lawyers Queens, NY, Polsky, Shouldice & Rosen, P.C.

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