It is the duty of every owner to keep their land safe and free from dangerous conditions. However, what happens if someone is injured? Are you liable as a property owner if someone is injured while working on your land? And in this case, what legal protections do injured victims have? If you are involved in such a situation, you should contact Murphy Trial Law.
What should you do if a workman gets injured on your property while working?
In general, it is the responsibility of property owners to take care of guests and keep them safe. This could involve removing or fixing a hazardous condition, posting warnings and notifying visitors of the danger, or restricting access to potentially dangerous areas.
However, the type of guest on the property also has a significant impact on how much of a duty of care a property owner must exercise.
Visitors can be separated into three groups: trespassers, licensees, and invitees. A worker is usually classified as an invitee or a licensee, depending on the conditions of the job.
Who are the invitees?
A person who has been formally invited to a property with the owner’s express or implicit approval is known as an invitee. One probable invitee is a/an:
- A grocery store customer
- A museum visitor, a hotel guest, or
- an apartment complex resident
Who are the licensees?
A licensee is someone who is on the property for their own benefit, even if the owner did not permit them. A licensee receives the authority to be on the land, much like an invitee does. The main difference between these two types of guests is the purpose of being present.
Property owners have a duty of care to licensees since they have permission to be there. A few examples of licensees are:
- An unexpected guest, such as a friend or relative
- Workers from a utility company accessing a water main
- A person using the restroom in a store (but not shopping)
Who are trespassers?
The lowest duty of care is owed to a person who enters a property without permission, known as a trespasser. Property owners are not responsible for any accidents or harm involving trespassers, apart from specific situations.
A trespasser could be someone who
- Using a portion of the land as a shortcut
- Gaining entry for carrying out a robbery or other crime
- Using any part of the land without authorization
When is a property owner responsible for an injury?
When an injury occurs on their property, the owner of the property is responsible if they
- knew about the issue but neglected to address it, neglected to alert guests to the danger,
- should have been equally conscious of the issue.
However, there can be situations where the general concept of duty in premises liability claims is not relevant. For example, injuries someone suffers while on the property may be covered by workers’ compensation instead of premises liability if their presence is linked to their place of employment.
This is because workers’ compensation covers accidents that occur while an employee is on their job. This remains true even if an individual’s primary place of employment is not the location of an accident.
Legal Options for Accidents Occurring While Working on Someone Else’s Property
A victim may experience long-lasting or dramatically modified conditions after even a slight injury. You must so be aware of your right to compensation if you were hurt on someone else’s property. In addition to seeking a premises liability claim, you might be entitled to pursue workers’ compensation benefits based on the details surrounding your injury.
If the property owner’s negligent acts have led entirely or partially to your accident, you might be entitled to obtain compensation for both workers’ compensation and premises liability. Making a claim for premises liability does not exclude you from receiving benefits provided by the workers’ compensation system in the state.
