If you are an employee and were injured, you would be expected to file a workers’ compensation claim. You may be entitled to file a personal injury claim if the workers’ comp. claimed fails or the amount is unsatisfactory.
Anyone who is not an employee is eligible to commence a lawsuit if you were a pedestrian, passer-by or legitimate visitor and suffered an injury due to negligence of any kind on the construction site.
If you were not an employee and were injured for some reason, you must be able to prove that you had no prior warning and were legally able to be in the place where you were injured.