What Legal Protections Do Non-Employees Have on a Construction Site?
Construction sites are full of moving parts, heavy machinery, and unpredictable hazards. While many people think of construction workers when it comes to job site accidents, non-employees, such as pedestrians, bystanders, delivery personnel, or site visitors, also commonly face very real risks.
While these individuals aren’t on the payroll, it doesn’t mean they’re without rights or legal protections. When someone who doesn’t work for the construction company gets hurt on-site or near it, they often feel overlooked and uncertain about where to turn.
At The Eskesen Law Firm, I've seen how devastating construction site injuries can be, whether physically, emotionally, or financially. When your life is turned upside down by someone else’s negligence, you shouldn’t be left with unanswered questions or unpaid bills.
If you or someone you love was injured at or near a construction site and isn't a construction worker, you have legal recourse. Reach out to my firm today to speak with an attorney who’s ready to fight for your rights.
Who Qualifies as a Non-Employee on a Construction Site in New York?
Many people who suffer construction site injuries have no formal ties to the project. The construction company does not employ them, yet they often find themselves in harm’s way. In many cases, these individuals may not realize that they still have legal protections and potential claims. Some common types of non-employees include:
Pedestrians or bystanders: People walking or standing near a construction zone who get hurt by debris, unsecured tools, or unstable walkways.
Delivery personnel: Drivers bringing supplies or packages to the site.
Utility workers or inspectors: Professionals working on site infrastructure or inspecting for compliance.
Visitors or clients: Architects, engineers, investors, or other industry professionals who are briefly visiting the site.
If any of these roles apply to you or if you were injured in a similar situation, you may be able to pursue compensation. Contact an experienced attorney today.
Legal Duties Construction Companies Owe to Non-Employees
Even when someone isn't working on the site, property owners, contractors, and site managers still have legal responsibilities to these parties. Therefore, they should take reasonable actions to prevent harm to anyone who might come near or enter the area. Generally, construction companies are expected to:
Maintain reasonably safe conditions: The site and surrounding areas should be kept free from dangerous hazards.
Block off hazardous zones: Dangerous areas must be clearly marked and physically secured when possible.
Post warnings: Signs or verbal warnings should be used when risks can’t be eliminated.
Comply with local and state safety regulations: Especially in cities like New York, building code violations can point to negligence.
Use safety barriers and protections: This includes fencing, scaffolding nets, cones, and other protective measures.
If a company fails to take these precautions and someone is injured as a result, they may be held legally responsible.
Who Can Be Held Liable for a Non-Employee’s Injury?
Construction sites typically involve many parties. This means there may be more than one person or company legally responsible when a non-employee gets injured. Sorting out liability is a key part of building a strong injury claim. Potentially responsible parties for construction site injuries may include:
General contractors: These parties are often responsible for the overall safety of the site.
Subcontractors: If a specific task or piece of machinery caused the injury, the subcontractor may be at fault.
Property owners or developers: They can be liable if they failed to maintain the site or allowed unsafe work to proceed.
Equipment manufacturers: If defective tools or machines caused the incident.
Third-party vendors: Outside cleaning, maintenance, or delivery companies may also be held responsible for their actions.
Identifying who’s legally responsible takes careful investigation. At my firm, I recommend speaking with a lawyer as soon as possible after your injury to identify the responsible parties as soon as possible and build a case for compensation.
Common Types of Construction Site Injuries for Non-Employees
Construction areas can be hazardous, especially for people who don’t work there and aren’t prepared for the risks. When the proper precautions aren’t taken, people can suffer life-changing injuries. Some common Injuries among non-employees include:
Head trauma from falling objects: Items dropped from scaffolding or cranes can strike unsuspecting pedestrians or visitors.
Slips, trips, and falls: Poorly marked obstacles, wet surfaces, or broken sidewalks can all cause serious falls.
Crush or impact injuries: Heavy machinery and vehicles pose a significant risk, particularly in tight urban environments.
Electrical shocks: Exposed wires or unfinished electrical systems can pose a significant danger to anyone nearby.
Chemical exposure: Dust, paint, and construction materials can irritate lungs, skin, or eyes, sometimes leading to long-term harm.
If you were injured in one of these ways—or in any other accident involving construction work—it’s critical to get medical help and legal advice right away.
Your Options for Filing a Claim as a Non-Employee
Unlike construction workers, who typically rely on workers’ compensation, non-employees must usually file a personal injury claim to recover damages. These claims often require showing that someone’s negligence caused your injury. Some possible legal claims include:
Premises liability: If you were hurt because the property wasn’t kept safe.
General negligence: When a person or company fails to act reasonably and causes harm.
Product liability: If defective tools, scaffolding, or machinery contributed to the accident.
Wrongful death: If a family member was killed in a construction-related incident.
Every claim type involves different legal standards and evidence. According to the New York City Bar Association, in New York, you generally have three years to file a personal injury claim and two years for a wrongful death case. It's almost always better to begin the process sooner, before evidence disappears or witnesses become harder to reach.
What Compensation Can a Non-Employee Receive?
If you’ve suffered construction site injuries due to someone else's mistakes on a construction site, you may be able to recover financial compensation. These damages are designed to help you cover the losses you’ve already faced—and those you may continue to experience in the future. The common types of compensation may include:
Medical costs: Including emergency care, follow-up appointments, rehab, and long-term medical or rehabilitation treatment.
Lost income: If you had to miss work while recovering.
Reduced earning capacity: If your injury affects your ability to work in the future.
Pain and suffering: Monetary compensation for physical pain, emotional distress, and loss of enjoyment of life.
Out-of-pocket expenses: Compensation for transportation, prescriptions, home modifications, or equipment like wheelchairs or braces.
Loss of life quality: If your injury permanently affects your daily life, mobility, or independence.
A fair financial settlement won’t undo your injury, but it can help you regain control and lessen the stress of unpaid bills and long-term care.
What to Do After a Construction Site Accident
If you’ve been hurt in or around a construction zone, your actions immediately after the accident could significantly impact your ability to pursue a legal claim. Generally, the important steps to take after construction site injuries include the following.
Seek medical treatment immediately: Even if you feel okay at first, your injuries can worsen later. Medical treatment can provide the necessary treatment you need and tie your injuries back to the accident scene.
Document the scene: Take photos of the hazard, your injuries, and any other relevant details that could be helpful.
Collect witness information: Anyone who saw what happened could offer valuable testimony.
File an incident report: File a formal claim against the property owner, construction firm, or city, if appropriate.
Avoid discussing blame: Don’t accept fault or downplay the situation until all facts are known. Additionally, don't speak with an insurance company without first consulting an experienced attorney.
Contact a personal injury lawyer: An attorney can be critical to preserving your rights and pursuing fair compensation.
Don’t wait to speak with someone who knows how to help. Quick action makes it easier to gather evidence and protect your legal options.
The Uniqueness of Construction Site Accidents in New York City
New York City is one of the busiest construction markets in the country, and that comes with added dangers. Construction projects are often squeezed into crowded areas, with scaffolding, debris, and vehicles just feet from pedestrians. That environment makes injuries more likely and legal claims more involved. Several primary factors that distinguish New York City construction cases include the following.
New York labor laws: Although these laws are mainly used by workers, some protections may apply to non-employees, depending on the situation.
Strict city codes and inspections: Violations of construction and labor codes can oftentimes help prove fault or negligence.
Dense population: The risk of injuring a bystander is much higher than in rural or suburban construction zones.
Multiple responsible parties: With general contractors, subcontractors, property owners, and city agencies involved, it often takes a deeper look to identify who’s accountable.
If you were hurt in or near a New York City construction zone, having someone with local knowledge can be a significant asset in your case. Contact an experienced attorney today.
Contact an Experienced Personal Injury Lawyer
If you suffered an injury on a construction site and were not employed by the contractor, your injury and your rights are important. Whether you were a pedestrian, delivery driver, visitor, or someone else caught in the wrong place at the wrong time, the law may give you the right to pursue justice and compensation.
At The Eskesen Law Firm, I help people across New York City, New York, including Kings County, Brooklyn, Queens County, New York County, Manhattan, Bronx County, Richmond County, and Staten Island, stand up to powerful construction firms and property owners.
You don’t have to carry this burden alone, and you don’t have to wait for someone else to step in. Reach out today to schedule a consultation and take the first step toward recovery.