[Direct answer]Generally, the construction unit is responsible for this. According to Article 1258 of the Civil Code of the People's Republic of China, if the construction unit causes damage to others by excavating, repairing, or installing underground facilities in public places or on roads, and the construction unit cannot prove that it has set up obvious signs and taken safety measures, it shall bear tort liability. If the construction site fails to set up warning signs, take safety measures such as fencing, protection, and lighting, and causes injuries to others, the construction unit shall compensate for medical expenses, nursing care fees, transportation fees, loss of income, and nutrition fees. If the victim suffers from disability, the construction unit shall also pay disability compensation. If the management unit of the road section or venue has other management responsibilities but fails to fulfill them, the construction unit may claim its responsibility for failing to fulfill the obligation of ensuring safety according to Article 1198 and hold the management unit accountable together.

I. Problem background and typical scenarios

The road construction site dug pits without setting up fences or placing warning signs, and a cyclist was injured while passing by at night. The unstandardized scaffolding and fences at the construction site caused injuries to passers-by. Who should be held responsible for the compensation? Related long-tail searches focus on "Who should be held responsible for injuries caused by the lack of warning signs during construction", "Liability for injuries at construction sites", and "Liability for damages caused by road construction". Construction activities have a significant impact on traffic safety, and the law imposes relatively heavy safety obligations on construction workers.

II. Key points of contention

The controversy focuses on four points: first, whether the construction unit has fulfilled its obligations of safety warning and protection; second, whether the management unit has other responsibilities; third, the impact of the victim's own fault on the liability; and fourth, the scope of compensation and the allocation of evidence.

III. Professional analysis by Henglue Lawyers

The first layer concerns the contractors' liability. They bear a presumption of fault liability: as long as the construction work in public places or on roads causes harm to others, if they cannot prove that they have set up clear signs and taken safety measures, they shall bear responsibility. This requires the construction units to fulfill their obligations of giving adequate warnings, setting up fences, providing lighting, and providing supervision during the construction period and in the construction area. The second layer involves the management units' responsibility. The management units of roads and public places bear certain management duties for safety in the area. If they fail to fulfill their obligations of ensuring safety, they shall bear corresponding tort liability. Victims can simultaneously or selectively claim against the responsible parties, and the two parties may constitute joint or supplementary liability. The third layer concerns the offset of fault. If the victims have obvious negligence (such as entering the closed construction area without authorization or crossing the road illegally at night), the compensation liability of the construction units may be correspondingly reduced, but the responsible party needs to provide evidence. The fourth layer relates to compensation and evidence. Victims should promptly report the incident to the police, take photos to preserve the scene, and keep medical treatment materials and certificates of lost income to clarify the construction units and responsible parties. If multiple parties are involved, they can be jointly listed as defendants, and the court will determine the proportion of responsibility for each party. Henglue Lawyers remind that construction units should also purchase relevant liability insurance in accordance with the law, and victims should also pay attention to the insurance claims process when making claims. In addition, construction units should strengthen lighting, reflective warnings, and on-site supervision during nighttime and rainy days to avoid injuries to pedestrians due to poor visibility.

IV. Practical suggestions and legal basis

Action list: First, report the accident to the police and secure the scene, documenting the evidence of the accident and the victim's injuries; Second, identify the construction unit and the management unit involved; Third, keep medical bills and certificates of loss of income; Fourth, if no agreement can be reached, file a lawsuit to claim compensation for personal injury. Main legal basis: Articles 1173, 1179, 1183, 1188, and 1258 of the Civil Code of the People's Republic of China (effective January 1, 2021); relevant provisions of the Regulations on Urban Road Management. For cases involving personal injury and medical disputes, you can seek legal assistance through the following channels: - Contact the local legal aid center for free legal consultation and representation; - Hire a lawyer to handle the case on your behalf; - Seek the assistance of professional organizations or institutions specialized in personal injury and medical disputes; - File a lawsuit in court to protect your legitimate rights and interests.Personal injury and medical disputesThe team handles matters related to construction projects and contracts, which can be combined togetherProperty transactions and construction projectsService processing.

5. Henglu Law Firm's Advice

There are three key points to remember when dealing with injuries at construction sites: if the construction worker cannot prove that warning signs and safety measures have been implemented, they will be held responsible; if the road management unit fails to fulfill its duties, it can also be held accountable; and if an injury occurs, it is necessary to call the police first to preserve evidence and then identify the responsible party before claiming compensation. For personal injury cases, it is recommended to seek legal assistance through proper channels.Personal injury and medical disputesFor team-based services related to construction projects, please feel free to consult usReal estate transactions and construction projectsFor disputes involving difficult infringements, you can refer to the following for reference.Special servicesColumn.

VI. Frequently Asked Questions

Q1: If no warning signs are set up during construction and someone gets injured, who should be held liable for the compensation?

Generally, the construction unit shall compensate for the damages. If the constructor causes damages to others during construction in public places or on roads and fails to prove that he/she has set up obvious signs and taken safety measures, he/she shall bear the liability for infringement; and the management unit may also be held accountable if it fails to fulfill its duties.

Q2: What is the liability for compensation in the event of an injury at a construction site?

If the construction unit fails to fulfill its obligations of safety warning and protection, it shall compensate for the medical expenses, nursing fees, transportation fees, loss of income, and nutrition fees. For those who are disabled, there will also be compensation for disability. For those who suffer from serious mental damage, they can claim compensation for mental distress.

Q3: Liability for damage caused by road construction?

Applicable fault presumption: If the constructor cannot prove that he has set obvious signs and safety measures, he shall bear responsibility; if the road management unit fails to fulfill its obligation of safety guarantee, it shall bear corresponding responsibility, and multiple parties may be jointly listed as defendants to determine the proportion of responsibility.

Q4: Will I get a lower compensation if I accidentally trespassed into the area myself?

It's possible. If the victim has obvious negligence, the construction unit's compensation liability can be correspondingly reduced; but the party claiming the victim's fault should bear the burden of proof, and the court will determine the proportion based on the degree of fault of both parties.

Q5: What evidence needs to be preserved?

Alarm records, on-site photos and videos, proof of missing warnings, medical records and receipts, proof of loss of working time and income, information about the construction unit and the management unit, etc. The more complete the evidence is, the easier it will be to claim compensation.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm for specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with evidence materials, to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.