Do all accidents happening at a construction site call for personal injury? 59 Answers as of July 08, 2013

I slipped and fell because of some scattered materials in a construction site. There were no ongoing work at the time. Can I still file for personal injury?

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Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Worker comp situation. If you have genuine injury see a PI lawyer.
Answer Applies to: North Carolina
Replied: 8/13/2012
Steven Harrell, Attorney at Law | Waymon Steven Harrell
Did you fall on the job? If so, your remedies are limited to the workers' compensation law. If you work for a subcontractor, your claim may also be limited by the workers' compensation laws.
Answer Applies to: Georgia
Replied: 7/30/2012
Law Office of Gregory Crain | Gregory Crain
Yes.
Answer Applies to: Arkansas
Replied: 5/29/2013
Law Office of Charles M. Vacca Jr. | Charles Martin Vacca Jr.
You probably can file for a personal injury suit with the proper court, based on your description. If you were a worker at the site, the situation calls for the filing of a worker's compensation petition with the appropriate court.
Answer Applies to: Rhode Island
Replied: 7/27/2012
Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
More likely than not, you can. It depends on quite a few details, like what were you doing there, were any warnings posted, was the site fenced in, etc. Don't delay talking to an attorney: if you wish to have a chance of prevailing on your claim, the fact of the injury, and the conditions that caused it, must be documented properly.
Answer Applies to: New York
Replied: 7/27/2012
    Merdes & Merdes, P.C.
    Merdes & Merdes, P.C. | Ward Merdes
    If you fell (and were injured) because your employer did something negligent - you have a Worker's Compensation claim and no traditional personal injury claim. If you fell (and were injured) because somebody other than your employer did something negligent - you have a traditional personal injury claim. The key is "Who was responsible for the scattered materials?" Keep your eye on the two year Statute of Limitations. You must either file your claim in court or settle your claim within two years of your injury, or you will lose valuable legal rights, including the right to compensation. This is HUGE. Call a qualified personal injury attorney. He/she should be able to point you in the right direction at no charge to you. I wish you well.
    Answer Applies to: Alaska
    Replied: 7/26/2012
    Timiney Law Firm
    Timiney Law Firm | Leigh Anne Timiney
    In order to make a personal injury claim, you have to be able to show that someone owed you a duty and because of their negligence, you were injured. It is not always true that just because you fell at a construction site, someone has been negligent and would be obligated to compensate you for your injuries. There are a lot of factors involved, including whether or not you were on the site legally or were you trespassing. It would be best for you to consult with an attorney who specializes in personal injury and provide them all of the facts of your situation. They would be best able to help you determine whether or not you have a personal injury claim you can pursue. Most personal injury attorneys offer free consultations. Good luck to you.
    Answer Applies to: Arizona
    Replied: 7/26/2012
    Jeffrey Lessin
    Jeffrey Lessin | Jeffrey Lessin
    Yes. You may have a case against the owner of the land, the manager of the land, the construction contractor or a subcontractor etc.
    Answer Applies to: Pennsylvania
    Replied: 7/26/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes. You might have a very good case.
    Answer Applies to: New York
    Replied: 7/26/2012
    Mike Yeksavich | Mike Yeksavich
    Assuming you were not working you might have negligence personal injury claim. However, be aware the negligent injury slip and fall cases can be difficult to prove. Merely being injured is normally not enough. If there is medical payments insurance coverage it might be available to pay medical bills.
    Answer Applies to: Oklahoma
    Replied: 7/26/2012
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Why were you there? Were you an employee? Of a subcontractor or the general contractor? Were you just a passer by who wandered onto the job site. The answer to those questions will determine everything. Personal injury is when you get hurt. You can have a personal injury getting a hernia trying to open a bottle at home. If someone CAUSES you to get hurt, you may have a claim against that person. A personal injury case is the suit or claim for the personal injury caused by someone else. If you were not an employee, then the question is whether or not you were entitled to be on the property at the time, and whether or not you COULD see the debris (not whether or not you saw it, but if it was clearly visible and you just did not look carefully or walk carefully, you will get tossed out of court). If you COULD NOT see the debris and it was foreseeable that you would be on the property, then you may have a claim, and if you can prove it, then you should be able to recover damages.
    Answer Applies to: Michigan
    Replied: 7/26/2012
    Lapin Law Offices
    Lapin Law Offices | Jeffrey Lapin
    Not all "accidents" occurring at a construction site mean that a person has a personal injury case they can win. For the owner of the site or the construction company to be liable to you for your injuries they would have to be negligent, which is basically means that they failed to take reasonable care to avoid causing injury to another person. Negligence is any conduct that falls below the recognized standards of behavior established by law for the protection of others against unreasonable risks of harm. To prove negligence you must establish, among other things: they owed a duty to you to protect you from harm and they breached that duty by failing to conform to the required standard of conduct. In addition, you must also not be "contributorily negligent," which means that you did not exercise reasonable care to avoid injury. In Nebraska, to recover in a personal injury case you must be less than 50% at fault to receive money for an injury. You do not provide enough information for me to comment whether the construction company was negligent or if you were contributory negligent. Additional information that I would need to make an assessment include: what type of material it was that you slipped on and its size, shape and color; where the materials were on the construction site; the lighting conditions at the time; whether there were any warning signs. I would suggest consulting with a personal injury attorney to discuss your case. Most offer a free consultation so it will not cost you anything to learn whether you have a case. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.
    Answer Applies to: Nebraska
    Replied: 7/26/2012
    Law Office of Melvin Franke | Melvin Franke
    Yes.
    Answer Applies to: Missouri
    Replied: 5/29/2013
    Burnett Evans Banks
    Burnett Evans Banks | Paul Evans
    If you were working for an employer at the time of the injury, Workers Compensation may apply. Otherwise, you may have a claim for negligence against someone. You should speak with an experienced injury lawyer about your injuries and the facts surrounding how it happened. There should be no charge for such a consultation, and most attorneys would work on these kinds of cases on a contingency, meaning no up front costs to you.
    Answer Applies to: Missouri
    Replied: 7/26/2012
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    There is not enough as information to give a complete answer. Were you an employee or a passerby? It makes a big difference. Slip and fall cases are tricky and generally disfavored by the courts. You should get a free consultation with a personal injury attorney to see if you have a viable case.
    Answer Applies to: California
    Replied: 7/26/2012
    Law Offices of David W. Hibbert
    Law Offices of David W. Hibbert | David W. Hibbert
    Yes, it may be both a claim for Workers Compensation (your job) as well as a personal injury claim against some other party that caused the injury. An investigation of the facts is in order to determine the rights, duties, and obligations arising out of this incident.
    Answer Applies to: Georgia
    Replied: 7/26/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    You CAN file for personal injury. But you'll have to PROVE your case to win. Were you "on-the-job" when injured? Were you tresspassing in a construction zone after hours? There's a lot going on here. Consult with a local attorney to review the FULL picture.
    Answer Applies to: Michigan
    Replied: 7/26/2012
    Law Offices of Christopher R. Smitherman, LLC | Christopher R. Smitherman
    This is a premises liability question. The contractor owes a duty to the public to keep premise safe. There is liability if they breached that duty of care. Worth noting however, is that Alabama is a contributory negligent State. That being said, if the injured party in any way contributed to his/her injury, he/she would be barred from recovery.
    Answer Applies to: Alabama
    Replied: 7/26/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Workers compensation is your only remedy.
    Answer Applies to: Michigan
    Replied: 7/26/2012
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    No all accident mean there will be liability or an award. They are very fact specific. An atty will best be able to advise you and come up with a liability theory.
    Answer Applies to: Connecticut
    Replied: 7/26/2012
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Unless you were on the job, in which case your remedy is workers' compensation, you can bring a claim if the cause of your fall was negligence by the construction crew.
    Answer Applies to: Florida
    Replied: 7/26/2012
    Brankey & Smith, P.C. | Rodney L. Smith
    You may have a personal injury case and a workmen's compensation case. You should consult an attorney to see what options you have.
    Answer Applies to: Illinois
    Replied: 7/26/2012
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    The answer to your questions depends on whether or not you were trespassing or there to conduct business. If trespassing the possessor of the land owes no duty to you. If for business the rules are different.
    Answer Applies to: Iowa
    Replied: 7/26/2012
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    You should consult with an attorney to determine if there was negligence and liability and whether you were an invitee at the construction site when you slipped and fell.
    Answer Applies to: Indiana
    Replied: 7/26/2012
    Victor Varga | Victor Varga
    Yes.
    Answer Applies to: Maryland
    Replied: 5/29/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    In New York, there are particular rules governing liability at construction sites. If there was no ongoing work at the time, then how is it a construction site? You might be able to file for personal injury, but you will need to have a one-on-one consultation with an attorney to discuss the matter in more detail.
    Answer Applies to: New York
    Replied: 7/26/2012
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    Probably, you may have a worker's compensation bar but, you need to see an attorney to sort out those issues.
    Answer Applies to: New York
    Replied: 7/26/2012
    Downriver Injury and Auto Law | Michael Heilmann
    Yes, but not if you were an employee at the construction site.
    Answer Applies to: Michigan
    Replied: 7/26/2012
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    First of all I will assume you were not working for if you were it is a workers compensation case. If you were not working then you may have been negligent for not being careful on a construction site. I do not think it is worth while unless there are severe injuries.
    Answer Applies to: Rhode Island
    Replied: 7/26/2012
    The Lucky Law Firm, PLC
    The Lucky Law Firm, PLC | Robert Morrison Lucky
    Yes, you may be able to; however, your probability of recovering will depend on the facts.
    Answer Applies to: Louisiana
    Replied: 7/26/2012
    Law Offices of Mark Hopkins | Mark Hopkins
    Many factors going to such a decision to file a personal injury lawsuit such as: 1. did the accident happen on private property or public property. If public property, then you first need to file a governmental tort claim. 2. Were you injured. 3. Did your injuries require medical care. 4. Did you seek medical care within 3 days of the slip and fall. 5. Are any of your injuries permanent through today. 6. Were you out-of-pocket for any of the medical bills or was everything paid by someone's insurance 7. did you have a legal right to be on the construction site, or were you trespassing 8. were you on the job? If so, then you likely have a Worker's Compensation claim 9. if you have a personal injury claim, that would likely lie against the owner of the property if you could prove the owner was negligent or breached a non-delegable duty to provide a safe place for you to work. 10. As you can see, there are far too many issues to guests in response. You need to consult an attorney and told him the entire story as soon as possible before the statute limitations expires.
    Answer Applies to: California
    Replied: 7/26/2012
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    If you were on the job you are entitled to workers' comp benefits. If not, you may be entitled to damages from the owner or occupier of the property. This is complicated. You need a lawyer who is experienced in premises liability matters.
    Answer Applies to: Georgia
    Replied: 7/26/2012
    Alvin Lundgren | Alvin Lundgren
    Yes, and if this was your employer's controlled site you contact Workman's Compensation.
    Answer Applies to: Utah
    Replied: 7/26/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    If the damages are significant and there is negligence on the part of the landowner.
    Answer Applies to: Michigan
    Replied: 7/26/2012
    A. Daniel Woska & Associates, P.C.
    A. Daniel Woska & Associates, P.C. | Dan Woska
    You are asking questions that will require some investigation by the attorney you hire to handle your claim. The location of the site, the use of the site and the work that may have been going on at the site will all require a bit of investigation to learn which parties involved in the business at the location arte potentially responsible for damages caused by negligence. There will also have to be proof of the negligent act which led to your injury. All accidents at a construction site do not call for personal injury but in certain factual circumstances a site may lead to a claim for personal injury caused by negligence. "Social justice cannot be obtained by violence. Violence kills what it intends to create." Pope John Paul II
    Answer Applies to: Oklahoma
    Replied: 7/25/2012
    DEAN T. JENNINGS, P.C.
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    Yes. If you were an employee on the site you are entitled to workers compensation.
    Answer Applies to: Iowa
    Replied: 7/25/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    If you were injured at the fault of someone else you have the right to seek damages. If you were on the job then the laws of workers compensation apply.
    Answer Applies to: Georgia
    Replied: 7/25/2012
    Gates' Law, PLLC | Thomas E. Gates
    Were you an employee of the construction company? Were you a vendor delivering materials? Did you have the permission of the construction company to be on the site? Were you trespassing? Your response to these question would permit an adequate answer to your question.
    Answer Applies to: Washington
    Replied: 7/8/2013
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    Depends on a lot of factors.
    Answer Applies to: Virginia
    Replied: 6/28/2013
    Christensen Corbett & Pankratz
    Christensen Corbett & Pankratz | Craig L. Pankratz
    Yes. You may have a claim for personal injury.
    Answer Applies to: Utah
    Replied: 7/25/2012
    Law Offices of Stanley S. Lopata
    Law Offices of Stanley S. Lopata | Stan Lopata
    If you were at work on the site then you have a workers compensation claim; if you were trespassing your right to recovery is more difficult to determine.
    Answer Applies to: California
    Replied: 7/25/2012
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    Yes you have a cause of action. Personal injury is an overall category for a lawsuit. Whether you fell on the street, in a home or construction site they all are personal injury cases. If you wish to to discuss this matter further you may speak to one of our attorneys.
    Answer Applies to: New York
    Replied: 7/25/2012
    Shaw Law Firm
    Shaw Law Firm | Steven L. Shaw
    If someone from another company caused the injury, then maybe. If someone from your own company caused the injury, then no.
    Answer Applies to: Washington
    Replied: 7/25/2012
    Law Office of James J. Rosenberger | James Joseph Rosenberger
    If your injury was proven to be the fault of a "third party", someone Other than in the employ of your employer then you may have a claim. Details of the accident are important.
    Answer Applies to: Washington
    Replied: 7/25/2012
    Gary L. Platt, Attorney at Law | Gary Platt
    Whether or not work was being done at the time has nothing to do with your right to sue. If you were on the jobsite because you were working there, you may have a Workers' Compensation claim against your employer (and others, including the owner of the jobsite, the general contractorassuming there is oneand possibly others). If you were visiting the premises and had a right to be where you were at the time of the accident, you may have a valid lawsuit for personal injuries against a number of persons and/or entities. You should consult a lawyer as soon as possible.
    Answer Applies to: California
    Replied: 7/25/2012
    Richard E. Lewis, P.S.
    Richard E. Lewis, P.S. | Richard Eugene Lewis
    It depends on why you were on the property and why you fell. Need more information to intelligently answer.
    Answer Applies to: Washington
    Replied: 7/25/2012
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    If you were injured on the job, you would look to the Department of Labor and Industries for compensation. http://www.lni.wa.gov/claimsins/
    Answer Applies to: Washington
    Replied: 7/25/2012
    Law Offices Charles Garganese, Jr. | Charles Graganese, Jr.
    The area should be kept in a safe condition.
    Answer Applies to: Rhode Island
    Replied: 7/25/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    It seems you have a workman's compensation claim. Consult a lawyer.
    Answer Applies to: Illinois
    Replied: 7/25/2012
    Salladay Law Office | Lance Salladay
    There is not enough information to answer this question- if you were a worker on the project then it may be a workman's compensation claim; if you were a trespasser on the site you may have no claim at all. In order for there to be a personal injury claim, there has to be a showing of negligence- that somebody did or did not do something that caused you to be injured. If you slipped and fell, depending on a number of factors there may not be any claim at all.
    Answer Applies to: Idaho
    Replied: 7/25/2012
    Koning & Jilek, P.C.
    Koning & Jilek, P.C. | Jonathan Neal Jilek
    It depends. If you were working on the site you may have a work comp claim. If you were not working you may have a personal injury claim.
    Answer Applies to: Michigan
    Replied: 7/25/2012
    Durkin & Graham, P.C.
    Durkin & Graham, P.C. | Joan Durkin
    It depends. It is commonplace for workers to be injured on work sites by tools left laying about by other contractors. Generally there is a personal injury claim against the contractor who left the tool out and perhaps the general contractor. If you were there after hours when there was no work going on then it is possible that the debris was obvious and did not represent a hazard as it would in a busy worksite. We would need to know more information. Of course, the key is whether you were injured.
    Answer Applies to: Texas
    Replied: 7/25/2012
    Bannon Mediation and Arbitration | Albert J. Bannon
    If you were an employee at the site, you probably will be limited to a workers' compensation claim. If you were a passerby and had a right to be where you were, you might have a claim if there was negligence involved in having the scattered material around where people were walking.
    Answer Applies to: Oregon
    Replied: 7/25/2012
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