It’s not a secret that construction sites are a dangerous work environment. Despite the stringent safety regulations, accidents still happen. If you have been injured on a construction site in New York, it is crucial to understand your legal options. Depending on the circumstances of the accident, you may be eligible to file a third-party lawsuit against negligent parties, including equipment manufacturers, independent contractors, and negligent property owners. Understanding your options early is critical to not only ensuring your health and well-being are prioritized but also helping you fight to maximize the compensation you are entitled to. Please continue reading as we explore what you should know about these matters and how an experienced Queens Third Party Negligence Attorney can help you fight for the justice you deserve.
Who Can I Sue After a Construction Accident in New York?
If you have suffered an injury in a New York construction accident, you can initially seek relief through a workers’ compensation claim. While workers’ compensation covers medical costs and a portion of lost income if your injuries render you incapable of fulfilling your employment duties, regardless of fault, it does not compensate for your non-economic damages. That said, it is crucial to explore all available legal options to ensure you recover the compensation you need to get your life back on track.
In certain situations, you may pursue a third-party lawsuit against at-fault parties, which can include property owners, general contractors, equipment manufacturers, and equipment rental companies.
A queen’s third-party negligence attorney can help evaluate your eligibility for both workers’ compensation and third-party lawsuits in accordance with New York law.
Parties That May Face Liability in a New York Construction Accident Lawsuit
- Property owners who fail to maintain safe premises
- General contractors in violation of New York Labor Laws
- Subcontractors who facilitate unsafe working conditions
- Equipment manufacturers who sell defective machinery or PPE
- Scaffolding companies responsible for negligent setup
- Third-party vendors or delivery companies on-site
Common NYC Construction Site Accidents
- Falling from ladders, scaffolding, or roofs
- Electrocution injuries
- Forklift and heavy machinery accidents
- Falling tools, building materials, and debris causing injuries
- Trench collapses
- Crane accidents
- Repetitive stress injuries
- Exposure to hazardous substances
- Machinery malfunctions or defects
What Should I Know About Third-Party Lawsuits in NYC?
Under New York workers’ compensation laws, injured workers in Manhattan, the Bronx, Queens, and the surrounding metropolitan areas are typically unable to file a lawsuit against their employer for workplace injuries. This is because workers’ comp is a no-fault system, meaning injured workers are eligible to recover compensation regardless of who caused the injury.
However, a third-party lawsuit can be filed against multiple entities that contributed to the accident. In order to recover compensation through a negligence lawsuit, the injured party must prove a number of legal elements.
Elements of a Successful Third-Party Negligence Claim
- Duty of Care: You carry the burden of proving the third party had a legal obligation to act reasonably to safeguard you from harm
- Breach of Duty: You will need to show that the third party failed to uphold their duty of care
- Causation: You will also need to connect the third party’s negligent act directly to your injury
- Damages: Finally, you must demonstrate that you suffered actual, quantifiable losses
What Compensation Can Be Recovered in a Third-Party Lawsuit?
Unlike workers’ compensation benefits, a third-party lawsuit allows injured workers to recover compensation for both economic and non-economic damages. As such, potential compensation can include:
- Medical expenses
- Future medical costs
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability
- Scarring and disfiguration
- Rehabilitation and physical therapy
- Loss of enjoyment of life
It should be noted that if you opt for a third-party lawsuit after or while receiving medical care and financial support for lost income, you could be responsible for the reimbursement of said support if the insurer asserts a lien against future recovery. An attorney can help coordinate your workers’ compensation claim and third-party lawsuit to ensure you don’t jeopardize your benefits or settlement.
Why New York Construction Accident Cases Are Unique
New York construction accident claims are heavily determined by state-specific labor laws enacted as a means of protecting workers, especially those in manual labor positions. Important New York Laws that may impact your case include:
- New York Labor Law Section 200
- New York Labor Law Section 240
- New York Labor Law Section 241(6)
What Steps Should I Take After a New York City Construction Accident?
When you are injured on a New York City construction site, the steps you take in the immediate aftermath can have a considerable impact not only on your health but also on the outcome of your claim. Though this can be incredibly overwhelming, remaining calm is critical.
Immediate Steps to Take
- Report the accident to your supervisor or employer as soon as possible
- Seek immediate medical attention, even if you feel okay or injuries seem minor
- Take photos and videos of the accident scene, including the condition that caused your injuries and any visible harm you’ve suffered
- Preserve damaged clothing or safety equipment
- Keep all medical records and bills
- Do not discuss the accident on social media
Contact an Experienced New York City Workers’ Compensation Attorney
If you have been injured at work due to a negligent third party, please don’t hesitate to contact our firm to schedule a consultation. At the Law Offices of George Poulos, we are prepared to help you fight for the justice you deserve.