Your Rights When Work Injuries Occur on Unsafe Property
Not everyone goes to an office to do their job. Construction workers, delivery persons, house cleaners, plumbers, repair workers, and others travel to properties that are not owned by their employer in order to do their job. What happens when a worker is injured because a property is unsafe?
Premises Liability Law and On-the-Job Injury
Under premises liability law, property owners are required to maintain their property so it is safe for those who visit or work there. If a worker is injured because a property is unsafe, the owner may be responsible for his injuries.
Construction Workers and Premises Liability Law
If you are a construction worker, you may have been hired to take care of an unsafe condition. In this case, you know that the potential danger exists. You can take any necessary precautions to protect yourself from a construction site injury.
Premises liability refers to unexpected dangers or inadequate protection from known dangers. If you are repairing damaged flooring, you expect that the floor will be dangerous. You don’t expect to be injured because a faulty electrical system causes your electric drill to overheat. The property owner has a duty to warn you of such risks.
Property owners are also responsible for preventing injury from known dangers. This means placing warning signs and using protective measures such as fences, walls, roofs or gates to protect guests and workers from injury.
Some Examples of Premises Liability at Worksites
- A painter suffers an electric shock after stepping on an electrified manhole
- A construction laborer slips and breaks his leg because of ice build-up at a construction site
- A delivery man is attacked by a guard dog. No warning signs were posted.
- A worker carrying a heavy load falls through an unmarked hole in the worksite floor
- A worker slips on a freshly waxed floor because the area was unmarked
- Several workers are injured in a fire caused by a short in a property’s wiring
Some worksites are located in areas that are known for having high levels of violent crime. Crime is considered a known danger. Therefore, property owners have a duty protect workers and visitors from assault, robbery, rape and other criminal activity. Proper protection will depend on the circumstances. It may mean placing a security fence and locked gate around the worksite or it may mean hiring a security guard to protect workers. If a worker is injured because there is not enough security at the worksite, the property owner may be found liable.
Unsafe Properties and Workplace Injury Claims
Premises liability law holds property owners liable for injuries caused by unsafe conditions. This means that workers who are injured on an unsafe property have a right to sue the property owner for damages. These damages are available even if the worker is receiving Pennsylvania or New Jersey workers’ compensation.
If you believe that an unsafe worksite contributed to your on-the-job injury, we urge you to call the premises liability attorneys at Ostroff Injury Law. Our attorneys will listen to your story and let you know if you have a third-party claim. Call (484) 351-0350 to schedule a FREE consultation.
Ostroff Injury Law represents injured workers throughout Pennsylvania and New Jersey. We are known for winning our cases – even those that other attorneys have turned down. We have recovered millions of dollars in financial compensation for our injured clients. Call us to learn how we can help you.