If you or a loved one were hurt while working construction in New York, you could receive compensation for your losses. To do so, a determination as to who was liable in a construction accident case is crucial.
Those who could be held liable include one’s employer, contractors at a site, the construction site owner, or equipment manufacturers. If you were injured in a construction accident, a construction accident lawyer in New York can explain your legal rights and will be ready to take on the mission of winning the compensation you deserve for your injuries and losses.
- Determining Liability for Construction Site Accidents
- Information About Employer Liability for Accidents
- Third-Party Liability in Construction Accidents
- Demonstrating Liability for a Construction Accident
- Possible Compensation for New York Construction Accidents
- Learn About Liability for Construction Accidents
Determining Liability for Construction Site Accidents
In construction site accidents, liability may extend beyond the immediate parties involved in the accident, such as the injured worker or the construction company, to other entities or individuals associated with the project. Potential liable parties may include property owners, general contractors, subcontractors, architects, engineers, equipment manufacturers, or even third-party vendors. Liability is typically determined based on factors such as the duty of care owed by each party, their degree of control or involvement in the project, their awareness or knowledge of hazards, and any negligence or violations of safety regulations that contributed to the accident. Additionally, state and federal laws, such as OSHA regulations, may impose specific duties and responsibilities on construction industry stakeholders, further influencing liability determinations. Therefore, thoroughly investigating the circumstances of a construction site accident and consulting with experienced construction accident attorneys are crucial steps for identifying all potentially liable parties and pursuing maximum compensation for injured workers.
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Information About Employer Liability for Accidents
In some cases, construction site accidents occur because of your employer’s actions. You could be hurt if your employer allows hazardous conditions to form on a construction site or fails to follow safety regulations. For example, your employer could:
- Fail to provide proper protective gear, threatening your safety
- Fail to offer you the correct training, exposing you to harm
- Fall behind on maintenance for power tools and machinery, allowing them to become faulty and dangerous
These are some examples of the hazardous conditions you could experience because of your employer’s actions. However, if you were injured during your employment in New York, your employer may have a defense to the claim you brought against them.
If an employer (or fellow employee of the same employer as you) caused your injuries, you can seek compensation that you might be entitled to through the Workers’ Compensation Board (WCB). Workers’ compensation could provide you with damages after a job-site accident regardless of who caused your injuries.
To obtain Worker’s Compensation benefits, you need to show that you were physically injured while on the job, have medical expenses, and/or are medically disabled from work. Because the Worker’s Compensation benefits are intended to be readily available under the circumstances described, the trade-off is that you cannot bring a lawsuit against your employer. This shield is the “Worker’s Compensation defense” to a lawsuit described above.
Third-Party Liability in Construction Accidents
In many cases, an employer is not solely responsible for construction accidents. Several third parties could be at fault for your accident, and you are legally allowed to seek the compensation you might be entitled to from a third party. You could seek compensation from:
The Property Owner
Construction companies often do not own the property they are developing. The individual(s), corporation(s), or other legal entities who own the property could be liable for your injuries. A construction accident lawyer will determine who owned the property when your accident occurred and gauge the strength of the claim against that property owner.
Contractors at the Site
Construction workers typically work for and with various contractors and sub-contractors who are involved with a given project. These parties are responsible for ensuring that the construction site remains safe and free from hazards. They are also responsible for conducting themselves in a manner that does not unreasonably create a risk of harm to others on the site. If hazards are allowed to develop and/or they conduct themselves in a negligent manner that caused injury to you, they could be considered responsible for your injuries.
Construction Equipment Manufacturers, Vendors, and Others
You likely work with many pieces of heavy machinery if you are employed in the construction industry. You count on this equipment to function correctly and safely. However, sometimes construction equipment is manufactured incorrectly or has a dangerous defect that leads to accidents. If you were hurt by a defective piece of equipment, a company or the companies that made it, sold it, or maintained it could be responsible for your injuries.
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Demonstrating Liability for a Construction Accident
To get the compensation you might be entitled to after a construction accident, a lawyer must demonstrate that:
- Someone else took a direct action or failed to take an action they should have taken, and that the action or the failure to act caused, in whole or in part, your accident, or;
- The property owner and/or general contractor are responsible for your accident and the resulting injuries, not as a result of their negligence but as a result of a duty created by statute
- That accident caused your injuries
- Your injuries required medical treatment
Establishing liability is an essential part of building a claim after a construction injury. A lawyer will investigate your construction site injury claim and review the hazards found at your job site when working to determine who caused your accident. There are four leading causes of private sector worker deaths, according to the U.S. Occupational Safety and Health Administration (OSHA):
- Slipping and falling
- Being struck by an object
- Being electrocuted
- Being caught in or between objects of machinery
These “Fatal Four” construction accident injuries are the most common, but there are other causes a legal professional in New York can investigate.
For this reason, the next thing you should do after you receive medical care following your accident is to contact a construction accident lawyer in Long Island and discuss your situation. Sometimes, it can be an “open-and-shut case” where workers’ compensation does its job well. However, in other circumstances, your attorneys might need to initiate the process of gathering evidence, talking to witnesses, hiring experts, investigating the construction company, etc. When ready, they will prove liability and fault, pursuing the best possible settlement for you by negotiating for your rightful payout with the insurance companies and liable parties.
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Possible Compensation for New York Construction Accidents
Once you determine who is liable for your construction accident, you might be entitled to compensation for your losses. Depending upon your situation, you could be awarded damages for the following:
- Medical costs
- Lost wages at work
- Lost earning potential
- Pain, suffering, and mental anguish
A construction accident lawyer will be able to assess your case to determine what types of compensation you might be entitled to receive. In some situations, it is in your best interest to have your construction accident lawyer make a personal injury claim or even commence a lawsuit on your behalf.
Review all your legal options by contacting a lawyer at Friedman & Simon, L.L.P. It will be our privilege to answer your questions and address your concerns in a patient and compassionate manner. If you have been seriously injured in a construction accident, we know you are going through a difficult time, and we want to help you. Our mission is to help you rebuild your life after an accident.
Learn About Liability for Construction Accidents
Liability in construction accidents could rest on your employer, the property owner, general contractors, sub-contractors, manufacturers, vendors, or those who service and maintain construction equipment.
Discuss your case with our attorney from Friedman & Simon, L.L.P. Contact us today for your free consultation. We can assist in other languages, including Spanish, Greek, Bengali, Tamil, and Kannada.
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