Two people get hurt at the same address, and the law treats them differently. A construction site injury to a passerby opens a full tort claim. An employee’s claim against the employer runs through workers’ compensation instead.
Below, we explain what that difference is worth, who answers for a subcontractor, and why children get a separate rule.
Why a Construction Site Injury Pays Differently Off the Clock
First, consider what comp leaves out. O.C.G.A. § 34-9-11 makes that system an employee’s exclusive remedy against an employer. Even so, it pays nothing for pain and suffering.
Passersby face no such limit. Drivers, pedestrians, cyclists, and neighbors keep every category of damages Georgia recognizes.
Our page on workplace slip and fall claims covers the employee side. Consequently, the first question in any site case is which side of that line you stand on.
Speak with a Charlotte car accident lawyer and get a free consultation today.
Call (980) 294-4931Who Answers When a Subcontractor Created the Hazard
Georgia starts from a general rule. An employer usually escapes liability for an independent contractor’s negligence.
Exceptions swallow much of it, though. O.C.G.A. § 51-2-5 lists six. Inherently dangerous work qualifies, and so does a wrongful act that violates a statutory duty. The list also reaches an employer who kept control over the time and manner of the work.
That last exception decides many cases. So the contracts, daily logs, and site meeting notes matter long before anyone argues about the hazard itself.
What Georgia Requires at the Property Line
Meanwhile, O.C.G.A. § 51-3-1 imposes ordinary care over “the premises and approaches.” Sidewalks and entryways fall inside that duty.
Hazards rarely respect the fence, however. Falling tools, unsecured barricades, blown debris, and open excavations all injure people who never set foot on the site.
Why Children Get a Separate Rule
In fact, Georgia adopted the attractive nuisance doctrine in Gregory v. Johnson. The case borrowed five factors from the Restatement of Torts.
Two of them matter most here. A possessor must know children are likely to trespass. Just as important, the burden of eliminating the danger must stay slight against the risk.
Open excavations fit that description. Therefore, a neighborhood build site carries duties an industrial project might not.
Which Hazards Cause the Most Harm
Research groups track four categories closely. Falls, struck-by incidents, caught-in or between events, and electrocutions cause nearly two-thirds of construction deaths. Among them, falls alone exceed a third.
Talk to a Fayette County Personal Injury Lawyer
Shane Smith Law identifies every contractor before the site changes. Contact us for a free consultation.
