If your job entails working on someone else’s property, watching out for potential dangers is likely part of standard procedure. However, what if you suffer an injury despite reasonable care and attentiveness? More specifically, what if the cause of your injury is something the property owner should have at least warned you about?
When it comes to work-related injuries occurring on private property, the common question is who should be liable for the damages. Here are some answers that can help you decide what to do next.
Workers’ compensation covers most cases
Even if you are working on a client’s private property, your employer’s workers’ compensation insurance may still apply. Workers’ comp covers most work-related injuries regardless of fault, and it does not usually require proving negligence.
However, you can only qualify for workers’ compensation if you are an employee. If you are an independent contractor, you need your own workers’ comp insurance to cover work-related injuries.
Premises liability may apply in case of owner negligence
Property owners need to warn everyone who comes to their property about potential dangers, and that includes workers. Before the job commences, the owner must let you and your coworkers know about hidden hazards, such as:
- Structural weaknesses
- Mold or asbestos
- Toxic fumes
- Unstable trees that appear healthy
- Faulty wiring within walls
In doing so, the owner can help you take proper precautions while completing the work. Failure to warn can make the owner liable for any injuries that occur on the property.
Workers’ comp usually takes precedence over premises liability, but the latter may apply if you are an independent contractor or casual laborer. You or your employer may also be able to file a premises liability claim if the cause of the accident stems from egregious negligence on the part of the owner.
In most cases, you cannot pursue both a premises liability claim and a workers’ comp claim.
Know your legal options
Work-related injuries on private property can involve so many details and complexities, which is why it’s often difficult to find a definitive answer on your own. Consider seeking guidance from a personal injury attorney who can help determine who is liable for your injuries and, ultimately, help you decide which legal path to take.