If you’ve been injured in a construction accident in New York, the workers’ compensation system can help by paying for your medical bills and covering your lost wages. You cannot sue your employer for your injuries, as workers’ comp is a no-fault system. However, you may be able to sue third parties whose negligence contributed to the accident. The same is true if you were a passerby who was injured on a construction site.
Liable Parties in a Construction Accident Claim
Construction sites are not always safe places to work. According to Construction Dive, 74 people died in the construction industry in New York in 2023. If you were injured while working for your employer at a construction site, the first step is to file a Workers’ Compensation Claim.
The next step is to determine who else might be liable. This part applies not only to construction workers injured on the job, but also to others who were injured in a construction accident. After a construction accident, liable parties can include:
- The owner of the building or property
- A contractor or subcontractor who didn’t secure the scaffolding
- Construction, excavation, or demolition contractors who don’t follow New York safety laws
- Suppliers of substandard construction materials
- Manufacturers of defective construction equipment
- Architects or engineers who made design mistakes
Determining Liability in a Construction Accident Case
How can you determine who is liable in a construction accident case? Your lawyer will investigate the accident in which you were injured by examining the following:
- Witness statements from people who saw what happened
- Accident reports
- Any video footage or photographs that show the accident or its aftermath
- OSHA records of safety violations at the site
- Construction equipment maintenance records
If necessary, your lawyer will also interview experts who can testify about your injuries.
Establishing Liability
To establish liability in a construction accident case based on negligence, your lawyer must show:
- That the party you’re seeking to hold liable owed you a duty of care
- That they breached their duty of care to you
- That their breach caused the accident in which you were injured
- That you suffered losses in the accident
For example, suppose you were hurt by a scaffolding collapse. The contractor responsible for installing scaffolding at the construction site owed the construction workers and anyone else who visited the site a duty of care. Your lawyer will demonstrate:
- The contractor failed to follow New York safety laws for installing scaffolding, breaching their duty of care
- That their negligence caused the accident in which you were injured
Once your lawyer has gathered enough evidence to demonstrate liability, they will demand compensation from the liable party and negotiate a settlement to compensate you for your losses. If the liable party does not offer a settlement, your lawyer will file a lawsuit to hold them accountable.
Compensation in Construction Accident Cases
Compensation in a construction accident case can come from more than one source, including workers’ compensation as well as third-party liability settlements or jury awards. Workers’ comp can cover:
- Your medical expenses
- A portion of your lost wages
Third-party claims can provide additional compensation, including the full extent of your lost wages, money for pain and suffering, and emotional distress. If you were a non-employee injured in a construction accident and a third party was responsible for your injuries, your claim can seek money for your medical expenses and lost wages, as well as for pain and suffering.
Contact a New York Construction Accident Lawyer Today
You should contact a lawyer immediately after being injured in a construction accident. You have two years to file a workers’ compensation case. The New York statute of limitations gives you three years to file a lawsuit in a personal injury case, and your lawyer will need time to investigate what happened in the accident and determine other parties who may be liable.
The Law Offices of Laurence Rogers is a law firm representing injured people in Nassau County, Westchester, and all New York City boroughs except Staten Island. We will provide you with the personal attention and informed guidance you deserve. We will work tirelessly to help you achieve your goals and find justice in your case. If you’ve been injured in a construction accident in New York, contact the Law Offices of Laurence Rogers immediately.