Construction Zone Injury

Huntsville Construction Zone Injury Lawyers

Fighting for bystanders, site visitors, and non-employees injured at construction sites

New homes, office buildings, and roadway construction are the lifeblood of many communities. Demolition of sites often is just the first step in clearing out blight and starting over. Unfortunately, too many builders and construction companies put their profit ahead of those people who live near the site or those who visit or work at the site – but who aren’t employees.

At Martin & Helms, we hold construction companies and other responsible parties accountable if their negligence causes non-employees and visitors to die or to be injured. There are standard procedures that all construction companies should follow to protect anyone who might come into contact with their construction site. We have the experience and resources to fully prepare your case, negotiate with insurance adjusters, and try your case before a jury.

Independent contractor versus employee

If an employee is hurt at a construction site, he/she can file a workers’ compensation claim. If an independent contractor is hurt while working, he/she has the right to file a personal injury claim. There’s a big difference. An independent contractor, if fault can be proved, is entitled to compensation for:

  • Medical expenses
  • Property loss
  • Lost wages and any loss of future income
  • Pain and suffering

If the worker dies as a result of the injuries, the family may file a wrongful death lawsuit, and make a claim for punitive damage.

A workers’ compensation claimant is not entitled to pain and suffering, but may be entitled to:

  • Wage loss benefits (usually about 2/3 of the weekly salary)
  • Permanent disability benefits
  • Permanent partial disability benefits
  • Temporary total disability benefits
  • Temporary partial disability benefits
  • Death, including burial expenses, and a benefit payment to the deceased’s dependent’s or estate

The test for determining whether someone is an independent contractor or an employee depends primarily on whether the employer can control the worker’s job duties. For example, if a worker uses his/her own tools, can work on other jobs, and is paid by a 1099 – those facts suggest an independent contractor status.

Many times, non-physical workers such as engineers and architects need to visit the construction site. If they’re hurt during their visit and they’re not full-time employees of the construction company, then they also can file a personal injury claim.

Pedestrians and passers-by who are hurt at construction sites

Construction work doesn’t mean activity around the construction site stops. Whether it’s an urban setting or a rural setting, other people who live or visit have the general right go to work, to meet up with friends, to shop, or to enjoy life.

Construction companies need to take responsible steps to protect pedestrians who might be near the construction site. Some of the known dangers to pedestrians and passers-by include:

  • Flying debris
  • Being struck by a construction vehicle
  • Being struck by a vehicle traveling in the area
  • Being hit by construction equipment or moving machines
  • Being hurt by falling objects from scaffolding, cranes, or the buildings themselves
  • Stepping on or touching nails that cause cuts, bleeding, and infections
  • Tripping and falling on uneven areas
  • Being injured after hours because the construction site wasn’t secured

Each case is different. Experienced Huntsville construction zone accident lawyers investigate the construction site. We also review the applicable building codes, state construction safety laws, OSHA guidelines, and other federal regulations.

Which companies and people are liable?

Pedestrians and bystanders typically file personal injury claims against the owners of the construction site. Their liability is generally based on the principles of premises liability law.

Additionally, other companies and individuals may be liable for your injuries or the death of a loved one:

  • Subcontractors who do just one part of the overall job
  • Security crews hired to keep the site safe
  • The manufacturer of defective equipment

Speak with an experienced Huntsville construction zone lawyer who will fight for you

At Martin & Helms, our construction accident attorneys in Huntsville and Decatur fight for justice for the injured and their families. Construction companies know the rules and regulations. They know the industry standards. When they put profit before your safety, they deserve to be held accountable for your medical bills, lost wages, pain and suffering, and any other damages the law allows. Call us at 256-539-1990 or use our contact form to make an appointment. We handle cases on a contingency fee basis in Huntsville, Decatur, Madison, Athens, and throughout North Alabama.